Part of our goal in preparing legal update articles for our clients is to provide practical guidance on matters relevant to our clients. To public entities, the often-convoluted legal landscape of public records law is one of those topics that, while not always exciting, it is nonetheless important to understand. In that vein, this article…
Following the U.S. Supreme Court’s decision in Mahanoy Area School District v. Levy, 141 S.Ct. 2038 (2021), courts have grappled with applying First Amendment freedom of speech law in the context of off campus student speech that implicates potential disciplinary interest relative to the school environment. Mahanoy, often referred to as “the cheerleader case” found…
Wisconsin Schools Professional football fans and others alike, have been gripped by the story of Buffalo Bills defensive back, Damar Hamlin, following his collapse on Monday Night Football. He reportedly suffered cardiac arrest and, because of the immediate and comprehensive medical response, was resuscitated on the field before being taken to a local hospital. As…
As the new school year gets into full swing following the Labor Day weekend, school district officials are working feverishly to assure compliance with the numerous obligations arising out of state and federal law mandates. The volume of notices and disclosures that school districts are required to provide to students, parents, and various state and…
It is not uncommon for students’ parents to try and put school districts and their staff in the middle of custody and other parental disputes. These situations are often uncomfortable for school officials and can threaten the school’s relationship with the students involved. School staff are trained to educate, not to navigate family disputes and…
Wisconsin Winters and Workers Compensation – not a great combination. Unfortunately, Winter in Wisconsin involves potentially treacherous conditions and injuries, such as slip and fall injuries. Typically, when employees are injured in the course of their employment, the Workers Compensation insurance carrier handles the claims, including the medical expenses as well as income replacement in…
As we experience yet another wave of concern regarding COVID-19, coupled with the concurrent flu and cold seasons in Wisconsin, some governmental bodies have again chosen to meet virtually in certain circumstances. Given this reality, a quick reminder of the Wisconsin Open Meetings law and the guidance from Wisconsin Attorney General on the issue is…
Earlier this year, President Biden announced that he intended to direct the Occupational Safety and Health Administration (OSHA) to implement a rule to require that employers with more than 100 employees ensure that their employees are either vaccinated against COVID-19, or that unvaccinated employees provide a weekly negative test in order to continue to work….
Earlier this year, the Biden Administration rescinded a Trump-era regulatory initiative that would have modified the U.S. Department of Labor’s (DOL) criteria for evaluating whether an employer should classify an individual as an independent contractor or an employee. The Trump Administration’s regulation was published January 7, 2021, and scheduled to take effect March 8, 2021….
Virtually every sector of the U.S. economy is currently struggling with a lack of qualified and willing individuals to fill vacant employment positions. Education is no exception to this reality. Wisconsin school districts report high levels of available positions in teaching and administration, while college and university education programs report low enrollment. As a result,…