DOL Issues Revised Regulations For Paid Leave Under the FFCRA

403(b) Plan

On Friday, September 11, 2020, the Department of Labor (DOL) released revised regulations for the Families First Coronavirus Response Act (FFCRA). These changes were in part a response to the federal lawsuit in the Southern District of New York that invalidated portions of the previous regulations as of August 3, 2020.   The DOL’s revised…

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Department of Education Releases Title IX Final Rule

Last week, the Department of Education released its Final Rule setting forth updated Title IX regulations. This Legal Update will summarize the new regulations impacting K-12 schools.  The new regulations go into effect on August 14, 2020.  Even during the COVID-19 Emergency and during periods of virtual learning, it will be important to ensure that…

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Updated DHS and CDC Guidance on Summer Camps and Reopening Considerations

Late yesterday, the Wisconsin Department of Health Services (DHS) issued “Interim Guidance on Summer Camps”.   The Interim Guidance states: “At this time, DHS recommends that congregate activities for children that are considered educational or enrichment programs, including residential summer camps, be postponed or canceled. COVID-19 continues to circulate throughout Wisconsin, and the state has not yet met…

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Board Meetings Under COVID-19

Open Meetings Law

Due to the global pandemic of COVID-19, school districts and governmental entities across the State of Wisconsin have either closed completely or are operating in a limited capacity. This closure has called into question how governing boards should operate as it relates to complying with Open Meetings Law. Under Open Meetings Law, “all meetings of…

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Wage and Hour Issues for Schools During the COVID-19 Pandemic

Schools are quickly grappling with emergency plans and mandated closures due to the spread of COVID-19. The following is a summary of potential options to consider related to statutory pay and hour issues to address employee compensation during closures or subject to quarantine. As of March 16, 2020, the Department of Public Instruction (DPI) has…

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Guidance for School Districts Related to Travel and Public Events in Light of the Coronavirus

coronavirus guidance

With Spring Break around the corner and the recent rise in concerns surrounding the coronavirus, this Legal Update will provide guidance to school districts in handling student and staff travel, in addition to other district operations that may be affected by COVID-19.  This Legal Update is based on currently available information and best practices, and…

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Recent Supreme Court Decisions Limit Employee Class Actions

In May 2018, we alerted clients to a huge win for employers who utilize individual arbitration agreements with their employees when the United States Supreme Court issued a decision in Epic Systems Corp. v. Lewis. Through that decision, the Supreme Court upheld the use of class action waivers in individual employment agreements. Employers were then…

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DPI Upholds Expulsions Based on “Threats” Outside of School

student study group

Last week, the Department of Public Instruction (DPI), issued two groundbreaking decisions upholding expulsions based on threats of shootings. The DPI’s decisions find that, under certain circumstances, threats occurring outside of school, including during the summer break or even while a student is enrolled in a private school, may still serve as a basis for…

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Seventh Circuit Reaffirms the Importance of Prompt, Effective Remedial Action as a Defense to Harassment Claims

Claire Hartley

On December 26, 2018, the Seventh Circuit Court of Appeals issued a decision affirming summary judgment and dismissing claims of sexual discrimination, sexual harassment and retaliation against an employer, in Swyear v. Fare Foods Corporation. The Seventh Circuit reiterated that single or isolated incidents of inappropriate conduct in the workplace may not always rise to…

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