Labor and Employment

OSHA Issues Recommendations for Anti-Retaliation Programs

By Benjamin J. Sauer The Occupational Health and Safety Administration’s Whistleblower Protection Programs issued Recommended Practices for Anti-Retaliation Programs to assist employers with “creat[ing] workplaces in which workers feel comfortable voicing safety and other concerns without fear of retaliation.” The recommendations, while only...

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Breaking News: Federal Judge Blocks DOL Overtime Rules

Breaking News: Federal Judge Blocks DOL Overtime Rules

Late yesterday, a federal judge in Texas issued a nationwide injunction blocking the Department of Labor (DOL)’s Final Rule and its regulations regarding the new salary thresholds for the so-called “white collar” exemptions that were set to go into effect on December 1st. The injunction not only prevents the regulations related to the Final Rule...

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Court Denies Teachers’ Attempt at Pre-Act 10 Protections

Court Denies Teachers’ Attempt at Pre-Act 10 Protections

By Robert W. Burns & Anthony J. Steffek In a resounding success for Wisconsin school districts, another attempt by the Wisconsin Education Association Council to use the courts to re-insert pre-Act 10 collectively bargained terms into individual teaching contracts has been rejected. In Marks, et al. v. Board of Education of the Wisconsin...

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School and Higher Education Law Newsletter

Featured News: U.S. Supreme Court to Weigh in on Transgender Issue as Wisconsin Federal Judge Allows Transgender Discrimination Lawsuit to Proceed Under Title IX Court Denies Teachers' Attempt at Pre-Act 10 Protections Playing with Fire - Are You Using PBIS Appropriately with Disciplinary Removals? Wisconsin Court of Appeals Upholds School...

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Playing with Fire – Are You Using PBIS Appropriately with Disciplinary Removals?

By D|K's School and Higher Education Law Team In August, the U.S. Department of Education’s Office of Special Education Programs (OSEP) released guidance regarding the use of positive behavioral interventions and supports (PBIS) in individualized education programs (IEPs). OSEP outlined schools’ obligations in providing PBIS to ensure that...

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U.S. Supreme Court to Weigh in on Transgender Issue as Wisconsin Federal Judge Allows Transgender Discrimination Lawsuit to Proceed Under Title IX

By D|K's School and Higher Education Law Team On October 28, 2016, the U.S. Supreme Court agreed to hear the appeal of the 4th Circuit’s decision in the G.G. v. Gloucester County School Board (discussed in our Client Alert dated August 8, 2016), which will clarify the status of the law and split in lower court decisions. The U. S. Supreme Court...

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Are Your District Websites Accessible to Individuals with Disabilities?

By D|K's School and Higher Education Law Team An increasing area of attention for the U.S. Department of Education Office of Civil Rights (OCR) is whether school districts are providing accessible websites for individuals with disabilities. OCR has heightened its enforcement actions against larger educational institutions over the past few years...

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Breaking News: Federal Judge Blocks DOL Overtime Rules

Temporary Workers and the FMLA: What You Don’t Know Can Hurt You

By Laurie E. Meyer Temporary Workers and the FMLA As most employers know, the federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the...

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