COVID-19 Presents Unique Considerations for School Districts’ Setting 2021-2022 Open Enrollment Space Limitations
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 […]
New Unemployment Insurance Notice Requirements for Employers
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 […]
Restrictive Covenants on Real Property
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 […]
EEOC Updates Guidance During Ongoing Pandemic
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 […]
Wisconsin Supreme Court Strikes Down Dane County Emergency Order
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 […]
School Districts Must Report to DPI on Virtual Instruction and Other Impacts of the School Closure
By November 1, 2020, public school districts must report information to the Wisconsin Department of Public Instruction (DPI) regarding the period of school closure (March 18 – June 30, 2020). The report must include information about the delivery of virtual instruction to students during the period of school closure, the meals served to students during […]
Distributing CARES Act Funds to Private Schools in Light of the Recent Preliminary Injunction
The federal District Court for the Northern District of California has issued a preliminary injunction temporarily prohibiting enforcement of the Department of Education’s (DOE) rules for how public-school districts are to distribute Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funds to private schools. State of Michigan v. Betsy Devos, No. 20-4478, 2020 WL 5074397 […]
Department of Labor Updates FFCRA Frequently Asked Questions
Continuing concerns regarding COVID-19 have led Wisconsin’s public and private schools to implement a variety of different plans for the beginning of the new school year. These plans include in-person schooling five days per week to a fully virtual (remote) learning plan, or a hybrid approach combining in-person and remote learning approaches. Parents and their […]
New York Federal Court Invalidates Portions of Department of Labor’s FFCRA Regulations
In a decision dated August 3, 2020, the federal court for the Southern District of New York held that the Department of Labor (DOL) exceeded its authority in aspects of its regulations implementing the Families First Coronavirus Response Act (FFCRA). The Court’s decision in State of New York v. United States Department of Labor, 2020 […]
How to Properly Protect District Property From Trespass
You realize that a neighboring property owner is encroaching upon District property. Your first instinct is to confront the neighboring property owner with a claim of trespass. However, there are necessary procedures to protect the District’s legal interest to the land in dispute before pursuing litigation on this matter. According to Wisconsin Statute 943.13[1], trespass […]
