Federal Court Invalidates DOL’s 2024 Overtime Rule
On November 15, 2024, the United States District Court for the Eastern District of Texas issued a decision, in Plano Chamber of Commerce v. United States Department of Labor, which set aside and vacated the Fair Labor Standards Act (FLSA) regulations that substantially increased the minimum weekly salary for employees to qualify as exempt from […]
President-Elect Trump’s Agenda: What Does It Mean for Schools?
Since the Presidential election on November 5, 2024, many are wondering how President-Elect Trump’s second term in office will affect education. It’s impossible to know at this point which policies discussed on the campaign trail will come to fruition. That said, it’s worth reviewing key policy issues that could directly or indirectly impact Wisconsin schools. […]
A Second Chance is not a Reasonable Accommodation of an Employee’s Disability
Public and private sector employers may receive requests for job-related accommodations from applicants or employees related to their disabilities. The Wisconsin Fair Employment Act and the Americans with Disabilities Act (ADA) include protections for qualified individuals with disabilities, including that an employer may not refuse to reasonably accommodate an employee or job applicant’s disability unless […]
Annual Recertification Election Reminders for School Districts
The Wisconsin Employment Relations Commission (WERC) balloting period for school districts’ annual recertification elections opens at 12:00 PM CST on November 7, 2024, and closes at 12:00 PM CST on November 27, 2024. The annual recertification election requirements arose out of Act 10. Prior to Act 10, a representative for purposes of collective bargaining remained […]
Federal Court Reviews Ability to Control Social Media Comments
Social media is, depending on one’s perspective, a powerful messaging tool or a distraction full of unhelpful comments at best, and oftentimes outright nasty, vitriolic comments. Social media content designed to inform the public about the workings of their government can very easily be taken over by those more interested in pursuing their negative personal […]
Restraining Orders – When It’s Time To Take A Stand
There are certain situations that occur in one’s life that cause an individual to seek the protections of the law to prevent acts of another party. In these instances, Courts may grant injunctions against the aggrieving party, enjoining that party from partaking in a certain type of action. These types of actions are known as […]
Refresher on Student Disciplinary Procedures
Student discipline issues can be challenging for school districts, even at the start of a new school year. When issuing discipline, districts must adhere to prescriptive procedural requirements in state and federal laws, to ensure students receive due process. As the Department of Public Instruction continues to scrutinize district disciplinary actions, it is important for […]
Referendum Advocacy: What Can School Districts/School District Officials Do?
A number of Wisconsin school districts are preparing for referendum elections as part of the November 2024 general election. Inasmuch as school districts have significant interest in the outcome of their referendum election, we are regularly asked to weigh in as to what extent school districts, school board members, school district administrators, and school district […]
Wisconsin School District Employee Sues for Defamation
On May 30, 2024, a Wisconsin Court of Appeals granted a petition for appeal in Johnson v. MacCudden, a Milwaukee County case involving claims of defamation against Scarlett Johnson, a self-proclaimed local parents’ rights activist and member of Moms for Liberty. Ms. Johnson allegedly posted various statements criticizing her local school district and an individual, […]
The End of Chevron: Judicial Review and Agency Deference
When the United States Congress passes laws, it regularly delegates authority to federal agencies to enforce and administer the law’s provisions. For example, the Department of Education enforces Title IX of the Education Amendments of 1972, the Department of Labor enforces the Fair Labor Standards Act and the Environmental Protection Agency enforces the Clean Air […]
