Wisconsin Unemployment Insurance Benefits in the Wake of COVID-19
Claims for Unemployment Insurance benefits in Wisconsin spiked 1,111% this past week as a number of businesses elected to voluntarily close or were forced to close (at least temporarily) in response to COVID-19. Employees who are laid off or whose weekly hours or wages are reduced as a result of COVID-19 are potentially eligible for […]
Instructional Hour and Testing Waivers
Wisconsin’s schools continue to be under closure orders from the Governor and Department of Health Services due to COVID-19 concerns. It is increasingly likely that many, if not most, school districts will not be able to meet state law mandates for instructional hours and pupil assessments for the 2019-2020 school year. Many school officials have […]
Legal Update: Special Education and Related Issues During School Closure Due to COVID-19 Pandemic
The Wisconsin Department of Health Services (DHS) ordered all public and private schools closed from March 18, 2020, through April 6, 2020, due to the health emergency caused by COVID-19. DHS extended the school closures on March 17, 2020, for the “duration of the health emergency or until a subsequent order lifts this specific restriction.” […]
Families First Coronavirus Response Act: Leave Provisions
On March 18, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA). President Trump signed it into law shortly thereafter. The FFCRA will become effective within 15 days and remains in effect until December 31, 2020. The FFCRA is intended to assist the country with the COVID-19 pandemic. This Legal Update will highlight two […]
School Board Meetings During the “Mass Gathering” Prohibition
Yesterday, March 17, 2020, the Wisconsin Department of Health Services, under the direction of Governor Evers, issued Emergency Order #5 (“the Order”). The Order is entitled “Prohibiting Mass Gatherings of 10 People or More”. The Order then does what its title suggests and places a “moratorium” on gatherings that are intended or likely to bring together more […]
Seventh Circuit Issues Favorable Decision for Employers in Retaliation Case
The United States Court of Appeals for the Seventh Circuit, whose jurisdiction includes Wisconsin, recently issued a decision in a case involving an employee’s claims of retaliation by her public employer under Title VII. Robertson v. Dep’t of Health Servs., 949 F.3d 371 (7th Cir. 2020). The employee claimed that she was denied a promotion despite […]
Employers Cautioned When Taking Employment Action Related to Use of FMLA Leave
Employee absences due to the use of federal and state protected leave entitlements can create hardships for employers. Employee absences can be disruptive, cause overtime, delay projects, or present other similar hardships and frustrations for employers. As a result, it is in some instances in the employer’s interest to evaluate potential abuses of protected leave […]
New Wisconsin Law Provides Added Flexibility for Providing Notice of Special Meetings to School Board Members
On February 5, 2020, 2019 Wisconsin Act 96 (Act 96) was enacted into law and subsequently became effective on February 6, 2020. Act 96 takes an important step in modernizing the manner in which school boards may notify their school board members of upcoming special meetings. In its previous form, Wis. Stat. § 120.11(2) provided […]
Court Approves of School District Plan to Restrict Parent’s Communications with School District Personnel
A school district can lawfully limit parents’ communications with a school district and its personnel according to a recent federal court of appeals decision. L.F. et. al. v. Lake Washington School Dist., #414, No. 18-35792 (9th Cir. 1/17/20) (“Lake Washington School District”). Introduction School districts’ communications with parents[1] can be challenging and present a bedeviling subject for […]
Small Territory Detachment and Attachment (School District Reorganization)
Every year, school districts across the state receive school district reorganization petitions; yet, the process of addressing such petitions can be confusing. This article will provide an overview of the process for addressing small territory detachment and attachment petitions. School district reorganizations are governed by Wis. Stat. Ch. 117. A school district “reorganization” is “the […]
