Governor Evers Issues Order Requiring Face Coverings
Governor Tony Evers issued an Emergency Order yesterday, July 30, 2020, requiring that every individual five years of age and older wear a face covering if they are indoors or in an enclosed space, and “[a]nother person or persons who are not members of individual’s household or living unit are present in the same room […]
Can a Claim for Nominal Damages Save an Otherwise Moot Constitutional Challenge?
The United States Supreme Court on July 9, 2020 granted review in a case that raises a procedural question with significant practical implications for the types of constitutional lawsuits often brought against public school districts. The grant of certiorari in Uzuegbunam v. Preczewski (Case No. 19-968) came on the last day of the Court’s term and will […]
Graduation Time: The Class of 2020
It is difficult to name a subject concerning our public schools that has been more emotional or ignited greater controversy than graduation ceremonies for the Class of 2020. The COVID-19 pandemic has transformed what is traditionally a time of celebration and recognition for graduating seniors into a battleground of conflicting and deeply held convictions. School […]
Wisconsin Supreme Court Strikes Down “Safer at Home” Order
The Wisconsin Supreme Court has struck down the “Safer at Home” Order (Emergency Order #28) (“Order”) issued by Secretary-Designee of the Department of Health Services, Andrea Palm, at the direction of Governor Tony Evers. In a 4-3 decision accompanied by several concurring and dissenting opinions, the Court’s majority concluded that the Order was “unlawful, invalid, […]
Legal Issues Involved with Protective Gear in the Workplace
Wisconsin’s recent emergency orders signal that the process of re-opening the state’s economy after the COVID-19 public health emergency is starting, but slowly. With some businesses starting to reopen, and other businesses continuing operations to the extent permitted, many employers are utilizing personal protective equipment (PPE), signage and other social distance control measures to help […]
WIAA Cancels Spring Sports Season but Extends Opportunities Into Summer
On April 21, 2020, the Wisconsin Interscholastic Athletic Association (WIAA) Board of Control voted to cancel the 2020 spring sports regular season and tournament competitions. While this news did not come as a surprise, in light of the COVID-19 pandemic and Wisconsin’s Safer-at-Home Order, the WIAA’s decision does not make this most recent development any […]
2019 Wisconsin Act 185: Provisions that Affect Public and Private Employers
On April 15, 2020, Governor Evers signed into law 2019 Wisconsin Act 185 (“Act 185”). Many of Act 185’s provisions aim to take advantage of and/or facilitate the various enactments of the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). In addition to Act 185’s provisions affecting Wisconsin school districts, which were thoroughly […]
School Board Organizational Meetings
With the spring election of school board members completed, school boards must now focus on the school board organizational meeting for purposes of electing officers. This Legal Update provides a review of the laws governing that organizational meeting, and addresses some of the concerns about accomplishing the organizational meeting tasks when one or more school board […]
Governor Evers Signs 2019 Wisconsin Act 185
Governor Tony Evers signed 2019 Wisconsin Act 185 (“Act 185” or “the Act”) into law on April 15, 2020. The Act produced a series of statutory changes concerning the COVID-19 pandemic and its impact on Wisconsin school districts. Nonstatutory Provisions On April 16, 2020, the Department of Public Instruction (“DPI” or “the Department”) emailed Wisconsin […]
Five Takeaways from the Department of Labor’s FFCRA Regulations
On April 1, 2020, the U.S. Department of Labor (DOL) issued regulations to clarify the paid leave provisions in the recently-enacted Families First Coronavirus Relief Act (FFCRA). The new regulations, which were effective as of April 2, 2020, provide detailed rules for implementing the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and […]
