Related to: Law

Janus v AFSCME

U.S. Supreme Court to Address First Amendment Rights of Censured Board Member

On April 26, 2021, the U.S. Supreme Court granted a Petition for Certiorari review in Wilson v. Houston Community College System. The issue before the Court is whether a Board’s resolution to censure a Board member violated the First Amendment. This issue is before the U.S. Supreme Court after a decision by the U.S. Court of…

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CDC Relaxes In-School Masking Guidelines For Vaccinated Students And Staff

On Friday July 9, 2021, the Centers for Disease Control and Prevention (CDC) relaxed its guidance on mask-wearing within K-12 schools, advising that vaccinated teachers and students no longer need to wear masks inside school buildings. In anticipation of the 2021-2022 school year, the CDC published new guidelines, highlighting the need for flexible, context-specific decision-making…

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Stimulus Bill Impact on FFCRA Paid Leave and Tax Credits

Stimulus Bill Impact on FFCRA Paid Leave and Tax Credits

On December 27, 2020, President Trump signed into law a new coronavirus stimulus bill that includes provisions which modify and extend certain parts of the Families First Coronavirus Response Act (FFCRA).  The FFCRA was set to expire on December 31, 2020.  The new stimulus bill does not require employers to continue FFCRA paid leave benefits. …

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EEOC Provides Updated Technical Guidance Addressing COVID-19 Vaccinations

EEOC Provides Updated Technical Guidance Addressing COVID-19 Vaccinations

Throughout the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has continued to provide guidance for employers regarding how to handle various workplace situations. The EEOC updated its technical assistance questions and answers on December 16, 2020 to address concerns related to COVID-19 vaccinations that have recently become available.  One of the first questions employers…

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Happy Special Education Day!

Happy Special Education Day! Looking Ahead to the Biden Administration.

Happy National Special Education Day! Today commemorates the anniversary of the Individuals with Disabilities Education Act (formerly the Education for all Handicapped Children Act) being signed into law in 1975. This was truly a historic milestone. Until then, many children with disabilities were excluded from school. The IDEA was enacted to ensure that every child…

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403(b) Plan

New FMLA Forms Released

Today, the Department of Labor (DOL) announced the release of new optional forms for administering the federal Family and Medical Leave Act (FMLA). While the DOL’s specific forms are not required, they are widely used by employers to ensure compliance with the law. The new FMLA forms can be found here. According to the DOL,…

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Governor Evers’ Safer-at-Home Order Extended to May 26, 2020

Yesterday, April 16, 2020, Governor Evers’ issued an extension to his March 24, 2020 Safer-at-Home Order in an attempt to further “flatten the curve” of COVID-19 in the State of Wisconsin. While the intent of the Order is to loosen certain restrictions currently in place, it does impose additional requirements on business operations not found…

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Governor Evers’ Interim Order to “Turn the Dial”

Today, April 27, 2020, Governor Evers issued another Emergency Order on the heels of his April 16, 2020 Safer-at-Home extension and his Badger Bounce Back Order of April 20, 2020. The Badger Bounce Back Order outlined a plan to “turn the dial down” on the Safer-at-Home Order. The Order issued today relaxes some restrictions currently…

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Wisconsin Supreme Court Strikes Down Governor Evers’ Safer-At-Home Order

Late this afternoon, the Wisconsin Supreme Court struck down Gov. Tony Evers’ Safer-At-Home Order by a vote of 4-3. The Court ruled that the Evers’ Administration exceeded its authority when State Department of Health Services Secretary Andrea Palm issued the Safer-At-Home extension through Tuesday, May 26.  The action was brought by Republican state lawmakers who…

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Special Education during COVID-19

Additional Guidance on Educating Students with Disabilities During COVID-19 School Closures

Since our March 17th Legal Update, the Wisconsin Department of Public Instruction (DPI) and the Office for Special Education and Rehabilitative Services (OSERS) have issued additional guidance related to the education of students with disabilities while schools are closed due to the COVID-19 pandemic. The guidance reinforces the importance of making determinations regarding individual services…

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