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United States Supreme Court Decides That IDEA’s Exhaustion Requirement Does Not Apply When the Only Relief Sought is Money Damage
On March 21, 2023, the United States Supreme Court issued its decision in Perez v. Sturgis Public Schools. The case raised the question of whether a plaintiff is required to exhaust the administrative processes under the Individuals with Disabilities Education Act (IDEA) when the remedy a plaintiff seeks is not available under the IDEA. This…
NLRB Restricts Broad Confidentiality and Non-Disparagement Provisions in Severance Agreements
After being appointed by President Biden as General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo has been vocal about her intent to increase the scope of the National Labor Relationship Act (NLRA) and overturn decades of prior Board precedent. Abruzzo has been making good on her promise and these efforts extend to…
The NLRB Significantly Increases Potential Damages in ULP Cases
In July of 2021, Jennifer Abruzzo stepped into the role of General Counsel for the NLRB after being appointed by President Biden. Since that time, Ms. Abruzzo has been vocal regarding her intent to increase the scope of the National Labor Relations Act (NLRA) and overturn decades of prior Board law. This is the most…
Employee Benefits Update: IRS Benefit Plan Limitations
Earlier this afternoon, the Internal Revenue Service issued the adjusted retirement plan limitations for As expected, most of the limits will significantly increase from 2022: Elective Deferral Limit: $22,500 (increased from $20,500 in 2022) Catch-Up Contributions: $7,500 (increased from $6,500 in 2022) 415 (Total) Plan Limit: $66,000 (increased from $61,000 in 2022) Compensation Limit: $330,000…
IRS Benefit Plan Limitations for 2020
Earlier this week, the Internal Revenue Service issued the various retirement plan limitations for 2020. There are changes to some of the most important limitations from 2019: Elective Deferral Limit $19,500 (increased from $19,000 in 2019) Catch-Up Contributions $6,500 (increased from $6,000 in 2019) 415 (Total) Plan Limit $57,000 (increased from $56,000 in 2019) Compensation…
New Proposed Rule for Classifying Employees and Independent Contractors under the FLSA
On October 13, 2022, the U.S. Department of Labor (the “DOL”) published a New Proposed Rule to assist employers in classifying workers as either employees or independent contractors under the Fair Labor Standards Act (the “FLSA”). In a news release, the DOL states it believes the new proposed rule would preserve essential worker rights and…
U.S. Dept. of Ed. Issues Important IDEA and 504 Guidance Documents
Schools need not choose between keeping their school community safe and complying with the law, Department Secretary Miguel Cardona said in a letter accompanying newly released guidance documents from the U.S. Department of Education. Schools can both protect students’ rights and respond to safety concerns by providing behavioral supports and imposing discipline in a non-discriminatory…
The Wisconsin Court of Appeals Deals Another Blow To Post-Employment Restrictions By Invalidating A Common Confidentiality/Non-Disclosure Provision
Wisconsin courts do not like post-employment restrictions and this most recent decision attacks a very common requirement intended to prevent employees from stealing confidential information. We have long advised our clients about these court practices and we recommend employers regularly review and assess their restrictive covenants. In this most recent decision, the Wisconsin Court of…
Recent EEOC Settlement Cautions Employers on Collecting GINA-Protected Information
Preventing and containing Covid-19 outbreaks in the workplace has become routine for employers over the course of the past two years. A recent settlement announcement from the U.S. Equal Employment Opportunity Commission (EEOC) provides employers with a better understanding of whether information regarding employees’ family medical history may be inquired about or collected, as will…
Updated EEOC Guidance Provides New Standard For Covid-19 Testing
Preventing and containing Covid-19 outbreaks in the workplace has become routine for employers over the course of the past two years. Updated guidance from the U.S. Equal Employment Opportunity Commission (EEOC) provides employers with a better understanding of when to test employees. Previously, employers could require on-site Covid-19 testing of employees at their discretion. However,…