Related to: Law
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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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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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…
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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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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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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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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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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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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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June 2, 2017 – On May 30, 2017, the Seventh Circuit Court of Appeals affirmed a preliminary injunction which allows a 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 transgender restroom access to students for whichever facilities…
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