Arrest and Conviction Record Discrimination and the Substantial Relationship Test
The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against employees or job applicants on the basis of an arrest record or conviction record, subject to certain exceptions. One significant exception involves the substantial relationship test. The Wisconsin Supreme Court interpreted the substantial relationship test in a decision last year, which provides helpful guidance […]
Remote Work and the FLSA – A Perilous Combination
The Fair Labor Standards Act (“FLSA”) is a federal law that requires, among other things, that employers compensate employees at a rate of 1.5 times the employee’s regular pay rate for all overtime work performed (generally, all hours beyond 40 hours of work in a workweek). This requirement applies to all compensable overtime hours unless […]
A Proposed Federal Rule May Result in Employers Paying Overtime Compensation to More Employees in the Future
On August 30, 2023, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking that, if approved, would increase the number of workers entitled to overtime compensation by more than three million workers. The proposed rule was published in the Federal Register on September 8, 2023, and is subject to a sixty […]
Race-Based Programs in the Post-Affirmative Action Era
On August 24, 2023, the Department of Education Office for Civil Rights (“OCR”) published a “Dear Colleague” letter to provide federal guidance to schools on how they can develop curricula and engage in activities that promote racially inclusive school communities compliant with Title VI of the Civil Rights Act of 1964 (“Title VI”). To fully […]
Department of Public Instruction Issues New Special Education Informational Bulletin
Earlier this September, the Department of Public Instruction (DPI) issued Special Education Informational Bulletin 23.01 regarding positive behavioral interventions and supports (PBIS) to students with disabilities and the use of functional behavior assessments (FBA). The new bulletin provides valuable insight into how DPI evaluates school districts’ responses to challenging student behaviors under the Individuals with […]
Third Friday in September Pupil Count Reminder
Wisconsin law requires that public school districts report pupil count data to the Department of Public Instruction (DPI) relative to two (2) dates during the school year: (1) the third Friday in September and (2) the second Friday in January. The data collected is used to determine membership for school finance purposes. Because the third […]
Public Entities Will Likely Need to Increase Website and Other Application Accessibility Issues for People with Disabilities
On August 4, 2023, the United States Department of Justice (DOJ) notified the public of the intent to amend Title II of the Americans with Disabilities Act (ADA). The proposed amendments aim at ensuring website and application (app) content made available by public entities to provide services and programs is accessible to and usable by […]
General Tips to Testifying as a Witness
We often assist clients with reviewing subpoenas, whether for testimony, to produce documents, or both. In this litigious world that we live in, it is possible that you and your staff may become involved in civil litigation or administrative processes, which may require you to testify as a witness at a deposition, hearing, or trial. […]
2023-2025 Biennial Budget Update
After each biennial state budget has been adopted, we have provided a discussion of items contained within that budget that is of interest to our clients. In some previous budget cycles, the budget has contained significant policy components along with financial appropriations, in some instances requiring a series of articles to discuss those updates. The […]
Employers May be Required to Provide Paid Military Leave to Employees
Employers may be required to provide paid military leave for employees serving in the armed forces. This was the holding in White v. United Airlines, Inc., a recent case decided by the United States Court of Appeals for the Seventh Circuit. In 1994, Congress enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA) which […]
