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U.S. District Court Upholds Validity of Wisconsin’s Open Enrollment Law Concerning Nonresident Pupils

November 6, 2017 – In a recent decision, the U.S. District Court for the Western District of Wisconsin upheld the validity of Wisconsin’s Open Enrollment Law, Wis. Stat. § 118.51, which permits a school district to consider whether special education or related services are available, or whether there is “space available” for such service, in…

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Employee Benefits Update: IRS Benefit Plan Limitations

Earlier this week, the Internal Revenue Service issued the various retirement plan limitations for 2018. There are changes to some of the most important numbers from 2017: Elective Deferral Limit $18,500 Catch-Up Contributions $6,000 415 (Total) Plan Limit $55,000 Compensation Limit $275,000 See an up-to-date chart that shows the historical limits from 2014 through 2018,…

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Employee Benefits

Wisconsin’s Right-to-Work Law Upheld by the Wisconsin Court of Appeals

September 20, 2017 – At long last, Wisconsin’s “Right-to-Work” Law (2015 Wisconsin Act 1) has survived review by both the Seventh Circuit and the Wisconsin Court of Appeals.  In July, we advised you of the Seventh Circuit Court of Appeals’ decision in International Union of Operating Engineers Local 139, et al. v. Schimel, No. 16-CV-590,…

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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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