Related to: Labor Law

Janus v AFSCME

U.S. Supreme Court Decides Janus v. AFSCME Agency Fee Case

Today, the United States Supreme Court issued a decision in Janus v. American Federation, et al., concluding that public sector employees cannot be required to pay so-called “fair share” union fees. This decision is likely to cause a significant decrease in union revenue and may result in further decline of union membership. The petitioner in…

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medical marijuana small

Navigating the Rapidly Changing World of Marijuana and the Workplace

Within the last few years, 28 states and the District of Columbia have legalized marijuana in varying degrees – for recreational and/or medical use – and many others are showing signs of considering legalization to some degree. According to a 2015 National Survey on Drug Use and Health, marijuana is the most commonly used illicit…

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School Law

State Budget Bill Includes Significant Changes for School Districts

Today, the Budget Bill (2011 Wisconsin Act 32) was published, which results in an effective date of July 1, 2011. Included in the Budget Bill are significant changes to the rights of public employees, including employees of school districts. This Legal Update will provide a summary of these changes, and how they impact the changes…

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Right to Work Gets Reinstated in WI

Right to Work Gets Reinstated in Wisconsin

Right to Work is back in Wisconsin, for now. On Tuesday, May 24, 2016, Wisconsin Court of Appeals Judge Lisa Stark granted the State’s request for a stay of a circuit court judge’s ruling, which overturned Wisconsin’s Right to Work law in April 2016. As outlined in our previous client alert on this matter, Dane…

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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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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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Right to Work Poised to Become the Law in Wisconsin

Last week, the State Senate passed its version of the Right to Work bill (2015 Senate Bill 44); and, today, the State Assembly passed an identical bill (2015 Assembly Bill 61). Governor Scott Walker is expected to sign the bill on Monday, making it law. Wisconsin’s Right to Work legislation provides freedom of choice to…

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The Supreme Court Has Spoken: Act 10 Is Here To Stay

This morning, the Wisconsin Supreme Court upheld the constitutionality of 2011 Wisconsin Act 10 (“Act 10”), the law responsible for dramatically altering the collective bargaining relationship for public sector employers and employees. Although several federal court decisions previously found Act 10 to be constitutional, today’s decision removes the last major hurdle facing this controversial legislation.…

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Buelow Vetter Successfully Argues That Act 32 Allows the Village of Menomonee Falls to Unilaterally Make Changes to Its Health Care Plan Upon the Expiration of The 2011-2012 Collective Bargaining Agreement

On May 22, 2013, Wisconsin Employment Relations Commission Hearing Examiner Raleigh Jones issued a decision denying the Menomonee Falls Police Association’s prohibited practice complaint and grievance over the Village of Menomonee Falls’ decision to unilaterally implement a new health care plan at the expiration of the parties’ 2011-2012 collective bargaining agreement. Examiner Jones agreed with…

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President Obama’s Recess Appointments to the NLRB Held Unconstitutional

Today, a three judge panel from the Court of Appeals for the D.C. Circuit unanimously ruled that President Obama did not have the power to make three recess appointments last year to the National Labor Relations Board (NLRB). The Court rejected President Obama’s argument that he acted properly in the making the NLRB appointments because…

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