As COVID-19 vaccines are approved and distributed, public school districts must determine whether they will impose any rules governing employees and the COVID-19 vaccine. This Legal Update will review the legal issues surrounding such decisions. This Legal Update will not address the laws governing the administration of the COVID-19 vaccines to students. In December 2020,…
On December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (Act), which provides another round of stimulus payments and other initiatives intended to combat the economic fallout of the COVID-19 pandemic. The Act also provides funding for general government operations. Of particular interest to employers and small businesses, the Act makes changes to…
Contrary to what most know, easements, like most things, are not immortal and they do have a specific lifespan. However, appropriate action can be taken to renew the legal enforceability of the easement. An easement is simply defined by Black’s Law Dictionary as “a right of use over the property of another”. There are multiple…
The Covid-19 pandemic has spurred several changes in education, most notably related to in-person learning. For those who have taken or plan to take the General Education Development (GED) test, the move to an increasingly virtual world has led to much uncertainty about whether these individuals may enter post-secondary education or the workforce according to…
Absent an Order from the Governor or Department of Health Services closing schools, school districts may provide in-person instruction so long as they deem it safe to do so. The issue for those school districts electing to provide in-person instruction is ensuring employee safety and health (as well as student safety and health). In light…
School districts across Wisconsin have adopted new or modified existing modes of instruction to address the effects of the COVID-19 pandemic. For instance, many school districts now offer virtual options that did not exist at the start of 2020. Even though the 2020-2021 school year is not half over, a critical deadline looms for the…
Beginning November 2, 2020, Wisconsin employers must provide notice to employees about the availability of unemployment insurance benefits at the time of an employee’s separation from employment with the employer. The Wisconsin Department of Workforce Development (DWD) created the new notice requirement as a result of the Families First Coronavirus Response Act (FFCRA). The Emergency…
In addition to restrictions contained in municipal zoning regulations, landowners, including developers, sometimes place restrictions on the manner in which real property may be used or improved for future owners of the real property. These restrictions, called “restrictive covenants,” often become relevant when an individual or entity is considering purchasing or selling the property to…
The COVID-19 virus has continued to have a widespread impact. In light of that unfortunate reality, employers must carefully balance maintaining a workforce and minimizing the presence of the virus in their workplaces. Part of this process involves evaluating an employer’s obligations under the Americans with Disabilities Act (ADA) regarding reasonable accommodations for employees with…
On September 10, 2020, the Wisconsin Supreme Court issued an emergency temporary injunction, barring Public Health Madison & Dane County (PHMDC) from enforcing its own Emergency Order #9. The PHMDC Order prohibited in-person instruction for certain students in Dane County public and private schools. The Supreme Court’s Decision In James, et al., v. Heinrich/Parisi, et…