On August 30, 2023, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking that, if approved, would increase the number of workers entitled to overtime compensation by more than three million workers. The proposed rule was published in the Federal Register on September 8, 2023, and is subject to a sixty…
On August 24, 2023, the Department of Education Office for Civil Rights (“OCR”) published a “Dear Colleague” letter to provide federal guidance to schools on how they can develop curricula and engage in activities that promote racially inclusive school communities compliant with Title VI of the Civil Rights Act of 1964 (“Title VI”). To fully…
On August 4, 2023, the United States Department of Justice (DOJ) notified the public of the intent to amend Title II of the Americans with Disabilities Act (ADA). The proposed amendments aim at ensuring website and application (app) content made available by public entities to provide services and programs is accessible to and usable by…
Employers may be required to provide paid military leave for employees serving in the armed forces. This was the holding in White v. United Airlines, Inc., a recent case decided by the United States Court of Appeals for the Seventh Circuit. In 1994, Congress enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA) which…
Wisconsin public school districts have a responsibility to ensure schools are safe places to learn. Student discipline, including suspensions, often assist school districts in maintaining the safety of the educational environment. The Wisconsin Constitution guarantees a free public education for children ages 4 through 20, who have not graduated from high school. Because a disciplinary…
On February 9, 2023, the US Department of Labor Wage and Hour Division (DOL) issued an opinion concerning whether an employer is required to allow an employee to work a reduced schedule due to a chronic serious health condition under the federal Family and Medical Leave Act (FMLA). This Legal Update will review the legal…
Late fall is when school boards often consider their options regarding administrator contracts for the following school year. An administrator employment contract cannot simply be allowed to “run out”; rather, there are specific procedures that must be followed if a school board would like to terminate its relationship with an administrator at the end of…
Many school districts are still looking to fill vacant positions before the school year begins. As a result, school districts may be considering hiring someone who previously retired from employment in the school district or in another school district. If the potential employee is receiving a Wisconsin Retirement System (WRS) annuity, the school district will…
The Wisconsin Statutes establish standards of ethical conduct for all of local public officials, including school board members, school district administrators, and others leading Wisconsin counties, cities, villages, towns, and sewerage and other special districts. This Legal Update will review the legal obligations found in Wisconsin’s Code of Ethics for Local Public Officials (Code). The…
The 2022 spring election resulted in a number of elections decided by only a few votes. Consequently, it is expected that many school districts will be asked to conduct a recount of ballots, which is the exclusive remedy to test in court the right of a candidate to hold office based on the number of…