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Obama’s Overtime Rule Struck Down

On May 23, 2016, the Department of Labor issued new Fair Labor Standards Act regulations which required all employers subject to the Fair Labor Standards Act to pay their “white collar” employees at least $913 per week to remain exempt from overtime.  This would have more than doubled the current $455 per week salary threshold. …

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Team of creative professionals meeting in conference room

7th Circuit Judgment Reinforces Employer Liability for Temporary Workers

Many organizations believe hiring temporary workers from staffing agencies will absolve them of legal obligations that arise during the course of their employment. Unfortunately, as seen in the Scheurer v. Fromm Family Foods LLC decision, this is very rarely the case. Though the Scheurer decision dealt specifically with an arbitration clause, liability can and will…

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Wisconsin’s Right-to-Work Law Upheld By Federal Court of Appeals

July 14, 2017 – On July 12, 2017, the Seventh Circuit Court of Appeals issued a decision in International Union of Operating Engineers Local 139, et al. v. Schimel, No. 16-CV-590, 2017 WL 2962896, affirming the Eastern District of Wisconsin’s dismissal of a lawsuit filed by two units of the International Union of Operating Engineers…

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People at conference

Wisconsin Supreme Court Addresses Application of Open Meetings Law to School District Committees

July 12, 2017 – On June 29, 2017, the Wisconsin Supreme Court issued an important Open Meetings Law decision in State of Wisconsin ex rel. Krueger v. Appleton Area School Dist. Bd. of Ed., 2017 WI 70.  This decision focuses on a significant question that school districts face when bringing together groups of employees and others…

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Female teacher teaching in classroom.

Department of Education Seeks Input on Regulatory Reform

June 23, 2017 – In our June 16, 2017, Legal Update, we mentioned President Trump’s recent Executive Order on Enforcing the Regulatory Reform Agenda. The Executive Order directs Education Secretary Betsy DeVos to conduct a review of the Department of Education’s regulations and guidance documents and determine whether the Department of Education has overreached its…

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Complaints_File

OCR Issues Internal Guidance Narrowing Scope of Complaints & Investigations (Including Complaints Involving Transgender Students)

June 16, 2017 – As part of its endeavor to shift power from federal government to state and local governments and communities, the Trump Administration has been reviewing the role of the Department of Education and the Office for Civil Rights. On April 26, 2017, President Trump signed an Executive Order which directs Education Secretary…

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Restroom Sign

7th Circuit Affirms Preliminary Injunction Allowing Transgender Student to Access Restroom Consistent with Gender Identity

June 2, 2017 – On May 30, 2017, the Seventh Circuit Court of Appeals affirmed a preliminary injunction which allows a transgender boy to use the boys’ restroom while at school. Although the Seventh Circuit’s decision is significant, it does not necessarily require school districts to generally permit students to access whichever facilities they wish….

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student raising hand

U.S. Supreme Court Changes Standard for Required Level of Educational Benefit for Students with Disabilities

Today, the Supreme Court of the United States issued its much-anticipated decision in Endrew F. v. Douglas County School Dist. Re-1, No. 15-827, (March 22, 2017), modifying the longstanding standard for a free appropriate education (FAPE) for children with disabilities. In Endrew F., the Court revisited its previous decision in Board of Education v. Rowley,…

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U.S. Supreme Court Decides Service Animal Case

February 22, 2017 – Today, the Supreme Court of the United States issued a decision in Fry v. Napoleon Community Schools, et al., unanimously concluding that the exhaustion requirement of the Individuals with Disabilities Education Act (IDEA) does not apply if the core basis of a parent’s lawsuit is something other than the denial of…

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Trump Administration Signals Change in Policy on Transgender Students

February 16, 2017 – On February 10, 2017, the Trump Administration signaled a change in policy on transgender students. Days before oral arguments were scheduled to be held on a motion filed by the Obama Administration in State of Texas et al. v. United States of America et al., the Trump Administration withdrew the motion,…

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