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7th Circuit Court Invalidates Wisconsin’s 30-Day Dues Deduction Revocation Law

On September 13, 2018, the 7th Circuit Court of Appeals issued a decision in International Association of Machinists District 10 and Local Lodge 873 v. Allen, holding Wisconsin could not shorten the one-year irrevocable period for dues-checkoff authorizations imposed by federal law. This decision affirms an earlier United States District Court decision out of the Western…

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U.S. Department of Labor Releases Updated FMLA Forms

The Department of Labor (DOL) has updated the FMLA forms which expired on May 31, 2018. The DOL is required to submit its FMLA forms every three years to the Office of Management and Budget (OMB) for approval. The forms were last approved in 2015. After expiration, they were extended on a month-to-month basis while OMB…

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Attorney Dan Vliet with client

Wisconsin Supreme Court Decision Provides Opportunities to Reduce Future Unemployment Compensation Costs

On June 26, 2018, the Wisconsin Supreme Court issued its decision in Wisconsin Department of Workforce Development v. Wisconsin Labor and Industry Review Commission, et al, 2018 WI 77, in which it held that the plain language of the applicable statute allows an employer to adopt its own absenteeism policy, allowing for a violation of…

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Contract signing

Recommendations for Municipalities to Ensure Compliance with Janus v. AFSCME Decision

On June 27, the United States Supreme Court issued its decision in Janus v. AFSCME. The Court held that public sector employees cannot be required to pay “fair share” union fees. This is the fee paid to the union by those employees who are not willing to join the union. We previously summarized the decision…

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Janus v AFSCME

U.S. Supreme Court Decides Janus v. AFSCME Agency Fee Case

Today, the United States Supreme Court issued a decision in Janus v. American Federation, et al., concluding that public sector employees cannot be required to pay so-called “fair share” union fees. This decision is likely to cause a significant decrease in union revenue and may result in further decline of union membership. The petitioner in…

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Transgender Student Case Appealed to Fourth Circuit Court (Again!)

There have been new developments in G.G. v. Gloucester, the case involving a transgender student that was previously before the U.S. Supreme Court. As reported in our previous Legal Updates, this case began in 2015 after a school district adopted a policy stating that the use of boys’ and girls’ restroom and locker rooms “shall…

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Supreme Court Upholds Individual Arbitration Agreements

This morning, the United States Supreme Court issued a decision granting significant rights to employers seeking to limit liability in class action cases. In a 5-4 decision, the Court upheld the use of class action waivers in individual employment agreements. This means employees who sign agreements binding them to bring individual arbitration actions cannot bring…

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Seventh Circuit Says Multiple Month Leave of Absence is Not a Reasonable Accommodation

In two recent cases, the Seventh Circuit Court of Appeals, which covers Wisconsin, Illinois, and Indiana, held an employee in need of a multiple month leave of absence is not within the class of employees protected by the Americans with Disabilities Act (“ADA”). The Seventh Circuit’s decisions present a potential conflict between the obligations imposed…

Is Your School’s Use of Technology in the Classroom Violating FERPA?

With each year, technology plays a more significant role in schools and classrooms.  For example, most school districts use a web-based student information system to manage student data and share that data with parents and school staff.   In addition, if a school district provides a 1:1 device to students, such as an iPad or Chromebook,…

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Can a Student Be Expelled for Threatening School Violence?

School districts are increasingly confronted with threats of school violence made by students, and in light of national events, they are right to take them seriously.  Oftentimes, the question arises of whether such conduct is subject to expulsion. Can a School District Expel a Student for Threatening School Violence? Yes.  Section 120.13(1)(c)1. of the Wisconsin…

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