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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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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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How to Address Off-Duty Conduct in Public and Private Sector Employment

It’s no surprise that employers need to properly address any on-duty misconduct by employees, but we often field questions from clients wondering what to do about activities that occur while their employees are off-duty. Particularly those who are active on social media channels, as well as those who participate in protests or rallies. Whether your…
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Navigating the Rapidly Changing World of Marijuana and the Workplace

Within the last few years, 28 states and the District of Columbia have legalized marijuana in varying degrees – for recreational and/or medical use – and many others are showing signs of considering legalization to some degree. According to a 2015 National Survey on Drug Use and Health, marijuana is the most commonly used illicit…
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Budget Bill Modifies Definition of Domestic Partner in Wisconsin FMLA

November 8, 2017 – The Wisconsin Budget Bill, 2017 Wisconsin Act 59, recently signed into law by the Governor alters the administration of Wisconsin Family and Medical Leave Act (“WFMLA”) for an employee in a domestic partnership. The changes in the Budget Bill will limit the class of employees who are entitled to WFMLA leave for…

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