The Terminology of Real Estate Law
As a layperson trying to navigate the legal world of real estate, a lot of times the vocabulary used is hard to understand. Herein, I define some common legal terms and provide examples of the use of those legal terms that are commonly used in real estate law. This should help one to better understand […]
Booster Club Donations & Title IX Regulations
Amidst the season of giving, this article comes as a reminder regarding the obligations school districts have with respect to receiving donations from booster clubs or other support organizations. While Wis. Stat. § 118.27(2) allows school boards to receive donations from booster clubs or other support organizations, the subsection creates a potential conflict with Title […]
Student Expulsion Procedure Reminder
Already during the 2021-2022 school year, students’ return to regular in-person instruction from hybrid and virtual instructional programming seems to have increased the incidence of student misconduct leading to expulsion. As a result, we are using this Legal Update to provide a refresher on some of the necessary student expulsion procedures for school district administrators […]
Employer COVID-19 Vaccination Mandate Does Not Apply to Wisconsin Public Entities
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. […]
The Public Has a Strong Interest in Obtaining Information about Its Public Officials
Wisconsin’s pubic records law provides that “all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them.” Wis. Stat. § 19.31. Accordingly, “[t]he denial of public access generally is contrary to the public interest, and only in an exceptional case […]
Court of Appeals Issues Ruling in Theft by Contractor Case
Disputes often arise during the course of construction projects, whether minor or significant in nature. At times, disputes may arise regarding payment for work performed or materials provided for the project. The Wisconsin Court of Appeals recently issued a decision in a case of this nature. In Century Fence Company v. American Sewer Services, Inc., […]
United States District Court Addresses School District’s Duty to Provide Religious Accommodations
On July 12, 2021, the United States District Court Southern District of Indiana, awarded summary judgment to the Brownsburg Community School Corporation, dismissing a former teacher’s religious discrimination claim under Title VII of the Civil Rights Act. Kluge v. Brownsburg Community School Corporation, 2021 WL 2915023 (S.D. Ind., 2021). This Legal Update will review the […]
The Recall of a School Board Member
Parents and others across the State of Wisconsin, who are frustrated with their school board’s decisions regarding COVID-19 protocols, are threatening to pursue the recall of school board members. However, the process of recalling a school board member is not an easy feat. This Legal Update will provide an overview of the laws governing the […]
Preparing for Annual Meetings and Elector Attempts to Change Health and Safety Measures within Schools
Wisconsin Statute Section 120.08(1) dictates that common and union high school districts hold annual meetings of their electors. Many annual meetings are taking place this month when there is significant controversy over school districts’ COVID-19 protocols. Electors within those school districts serve an important role in their annual meetings by having the authority to exercise […]
Employers May Wish to Reevaluate Traditional Independent Contractor Designations
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. […]
