Related to: Municipal/Public Sector

FFCRA impact on governmental employers

Tax Obligations and Credits for Governmental Employers Under the FFCRA

As employers prepare to implement the provisions of the Families First Coronavirus Response Act (FFCRA), we have received a number of questions regarding the application of the tax credit provisions to governmental employers. While the paid leave credits provided under the FFCRA do not currently apply to governmental employers, the FFCRA does provide governmental employers,…

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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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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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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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Dane County Judge Issues an Outlier Decision to Strike Down Wisconsin’s Right to Work Law

On Friday, April 8, 2016, a Dane County Circuit Court judge struck down Wisconsin’s Right to Work law, thirteen months after the law first took effect in the state. In his opinion, Judge William Foust held that Wisconsin’s Right to Work law is an unlawful taking that violates the Wisconsin Constitution because the law obligates…

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New Federal Court Decision Addresses Bonus Systems and FLSA Overtime

Earlier this month, a federal judge issued a decision that could have significant financial implications for employers. The case involved the calculation of the overtime rate under the Fair Labor Standards Act (FLSA) and whether merit bonuses and other forms of compensation must be included in the calculation of the rate of pay for FLSA…

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EEOC Loses Challenge to Workplace Wellness Program

A federal district court in Wisconsin recently dismissed one of the U.S. Equal Employment Opportunity Commission’s (“EEOC”) well-publicized attacks on employer wellness programs. Our earlier legal updates regarding this case and some other EEOC challenges can be found here: August 2014 Legal Update and October 2014 Legal Update. In EEOC v. Flambeau, Inc., No. 14-cv-638…

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Wisconsin Budget Bill Creates New Standard for Union Organizing

Under Act 10, public sector unions must recertify annually by obtaining the support of at least 51% of all employees within the bargaining unit. If the union fails to receive such support, it will be decertified and one full year must pass prior to any union attempt to re-organize. After the one-year period expires, the…

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