Municipal Labor Counsel

Summary of Public Safety Interest Arbitration Cases, Volume 3

This information update summarizes public safety interest arbitration awards that have been issued since our update of July 2013. (See: Davis & Kuelthau “Arbitrators' Awards Arrive”, December 19, 2012, and “Arbitrators’ Awards Update”, July 18, 2013). Readers are encouraged to read the entire award for a complete understanding of each case....

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Workplace Wellness Programs Under Attack

Within the last four months, the Equal Employment Opportunity Commission (EEOC) has filed lawsuits against two (2) Wisconsin employers and one Minnesota employer alleging that each of the employers’ workplace wellness programs were in violation of the Americans with Disabilities Act (ADA). The EEOC has been able to file such lawsuits because the...

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Student Teachers and Video Recording in the K-12 Classroom

By D&K's School and Higher Education Law Team As part of Educator Effectiveness, student teachers in Wisconsin must create and submit to peer review video clips of the student teacher engaged in teaching activities. The video clips will capture the student teacher interacting with K-12 students in the classrooms of Wisconsin public school...

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New Annual Recertification Election Rules

By D&K's School and Higher Education Law Team The Wisconsin Employment Relations Commission’s administrative rules governing annual union certification elections are permanent as of July 1, 2014. The only difference between the previous temporary rules and the new permanent rules is the deadline for unions representing school district...

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Wisconsin Supreme Court Declares Act 10 Is Constitutional

By D&K's School and Higher Education Law Team On July 31, 2014, the Wisconsin Supreme Court declared 2011 Wisconsin Act 10 (Act 10 or the Act) constitutional in its entirety. It may be hard to believe, but it has been over three years since Act 10 became law. Act 10, which prohibited virtually all collective bargaining for general municipal...

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EEOC Issues Updated Guidance on Pregnancy Discrimination and Related Issues

EEOC Issues Updated Guidance on Pregnancy Discrimination and Related Issues

By Laurie E. Meyer On July 14, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued “Enforcement Guidance on Pregnancy Discrimination and Related Issues,” along with a Question and Answer document about the guidance and a Fact Sheet for small businesses. All are available on the EEOC’s website, www.eeoc.gov. This guidance...

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Changes in State Wage and Hour Laws Impact Employers

President Obama directed the Department of Labor in March to come up with a way to update overtime pay rules to reflect the “changing nature of the American workplace” and to make them more” in keeping with the intention of the Fair Labor Standards Act." The review is intended to focus on the current “White Collar” exemptions which exclude...

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