Related to: Law
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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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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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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The Family Policy Compliance Office (FPCO), the division of the U.S. Department of Education that enforces federal laws related to student privacy, has advised that safety concerns may outweigh a parent’s right to access information contained in his or her child’s student records. In Letter to Arakaki, 119 LRP 1066 (FPCO 08/01/18), the FPCO concluded…
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Which employees are most likely to seek union assistance in the workplace and/or file claims against their employer? The answer, of course, is those who are dissatisfied with their work environment. In general, employees who feel they are respected and treated fairly at work, and enjoy a positive work culture, are less likely to turn…
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On December 26, 2018, the Seventh Circuit Court of Appeals issued a decision affirming summary judgment and dismissing claims of sexual discrimination, sexual harassment and retaliation against an employer, in Swyear v. Fare Foods Corporation. The Seventh Circuit reiterated that single or isolated incidents of inappropriate conduct in the workplace may not always rise to…
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As National Bullying Prevention Month draws to a close, it is important to reflect on the legal requirements and best practices for addressing reports of bullying and harassment. Effectively responding to reports of bullying and harassment is critical, not only for protecting the safety and wellbeing of the students, but also for protecting the school…
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Most employers understand the importance of having legitimate business reasons for terminating an employee. However, it is also critical for all decision makers involved in the termination to have the same understanding of both the reasons for, and the facts leading to, the termination. Failure to ensure a consistent understanding of all the facts can…
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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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The Department of Labor (DOL) has updated 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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