Employee Benefits

Circuit Court Rules That WERC Exceeded Its Rule-Making Authority

Just when you thought all of the Act 10 litigation had been resolved, along comes Wisconsin Association of State Prosecutors and Service Employees International Union, Local 150 v. WERC in several combined cases challenging the rule-making authority of the Wisconsin Employment Relations Commission (WERC) regarding the election process. Milwaukee...

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New Laws Impact School Districts

By D|K's School and Higher Education Law Team Last week, Governor Scott Walker signed five (5) education-related bills (below) that will impact Wisconsin school districts in a variety of ways. A number of the changes will provide more efficient school operations. School districts should review and revise their policies, procedures and practices...

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Labor & Employment Attorney Bruce Deadman Discusses Overtime Regulation Changes in New North B2B Publication

Proposed FLSA Regulations Impact Compensation of Salaried Employees

On June 30, the United States Department of Labor (DOL) released a 295-page Notice of Proposed Rulemaking (NPRM), seeking public comment on proposed rules amending the Fair Labor Standard Act’s (FLSA’s) “white collar” overtime regulations. The proposed changes will nearly double the salary exemption floor for full-time salaried employees and lay...

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Attention Employers: The IRS May Be Googling Your Employee Benefits Communications

Attention Employers: The IRS May Be Googling Your Employee Benefits Communications

By Mark G. Kmiecik Public sector and tax-exempt employers in Wisconsin should be aware that the IRS appears to be targeting section 403(b) plans for examination. Prior to and during recent IRS examinations of 403(b) plans in the state, we have learned that the audit trigger more than once was the IRS’s review of the employers’ websites for...

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“Notes” Are Not Subject to Disclosure Under the Public Records Law

The Wisconsin Court of Appeals ruled on June 4, 2015 that notes from an investigation by school district officials into alleged hazing and sexual abuse within its wrestling program were not records and therefore not subject to disclosure under the public records law. The Voice of Wisconsin Rapids, LLC v. Wisconsin Rapids Public School District,...

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Runzheimer Decision Signals Change of View Toward Restrictive Covenants

Runzheimer Decision Signals Change of View Toward Restrictive Covenants

The Wisconsin Supreme Court has issued its decision in Runzheimer International, Ltd. v. Friedlen, 2015 WI 45, holding that an employer’s agreement to refrain from terminating a current at-will employee, without any further promise or benefit, constitutes lawful consideration for signing restrictive covenants, such that the restrictive covenants...

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Effective Communication Under Title II of the Americans With Disabilities Act

By D|K's School and Higher Education Law Team The obligations of public school districts to meet the needs of students with disabilities is addressed in Title II of the Americans with Disabilities Act of 1990 (Title II) as well as Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Individuals with Disabilities Act (IDEA). The...

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Long-Awaited Proposed EEOC Wellness Plan Rules Released

After years of silence as to how the Americans with Disabilities Act (the ADA) impacts employer compliance with workplace wellness programs, the EEOC late last week issued proposed rules, and a Fact Sheet (http://www.eeoc.gov/laws/regulations/facts_nprm_wellness.cfm) on the topic. The issuance of proposed rules is a welcome development for...

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When a Retiree Returns to Work, WRS, ACA, and Tax Rules Impact Public Employers

As described in our February 23, 2015 Client Update, “Act 10 and Total Employee Compensation,” rules under the Wisconsin Retirement System (WRS) affect public employees throughout the employment life-cycle, from the initial determination of WRS eligibility through the termination of employment. An individual’s employment life-cycle is sometimes...

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