Municipal Labor Counsel

Changes to Wisconsin’s Unemployment Compensation Laws

By D&K's School and Higher Education Law Team The 2013-2015 Biennial Budget Bill, 2013 Wisconsin Act 20 (“Act 20”) made substantial changes to Wisconsin’s Unemployment Compensation Laws. These changes, some of which became effective on September 30, 2013, and the rest on January 5, 2014, are intended to assist Wisconsin employers in reducing...

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Public Union Recertification Elections Still On Hold

By D&K's School and Higher Education Law Team The Wisconsin Court of Appeals has refused to suspend an order issued just over a week ago by Dane County Circuit Court Judge Juan Colas. Judge Colas found the Wisconsin Employment Relations Commission (WERC) in contempt of court for proceeding with union recertification elections around the state...

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WERC Found in Contempt for Enforcing Act 10

By D&K's School and Higher Education Law Team In a decision issued earlier this week, Judge Juan Colas of the Dane County Circuit Court found the Wisconsin Employment Relations Commission (WERC) Commissioners in contempt of court for enforcing 2011 Wisconsin Act 10. In September of 2012, Judge Colas ruled that certain provisions of Act 10...

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How to Post and Distribute the Notice of WERC’s Annual Certification Election

By D&K's School and Higher Education Law Team In school districts[1] where the labor organization representing district employees filed a timely Petition for an Annual Certification Election with the Wisconsin Employment Relations Commission (WERC), the school district has an obligation to post and distribute the Notice of Election form,...

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Risky Choices In Unused Sick Leave Benefit Plans

Risky Choices In Unused Sick Leave Benefit Plans

Employers that convert or pay out certain leave benefits may be stuck with unexpected tax results or even commit violations of the tax code, according to a July 9, 2013 tax compliance newsletter for federal, state, and local government employers issued by the Internal Revenue Service (“IRS”). The newsletter’s lead article serves to remind...

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Supreme Court Accepts Act 10 Case; Resolution Closer

Supreme Court Accepts Act 10 Case; Resolution Closer

By D&K's Labor & Employment Team On Friday, June 14, 2013, the Wisconsin Supreme Court announced that it has agreed to hear the constitutional challenges to the changes to public sector collective bargaining passed as 2011 Wisconsin Act 10. In accepting the appeal in Madison Teachers, Inc., et al. v. Walker, et. al. the Supreme Court has...

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Supreme Court Accepts Act 10 Case; Resolution Closer

ADA: Employees Who Do Not Show Up Are Not Qualified for the Position

If an employee has an established medical condition, employers tend to be gun shy about disciplining the employee for absences, fearing that the employee may bring a complaint for failure to accommodate under the Americans with Disabilities Act ("ADA"). This fear is well-founded based on the employee protections provided by the ADA and pertinent...

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Non-Enforcement Period Still In Effect for Insured Plan Nondiscrimination Rules

Non-Enforcement Period Still In Effect for Insured Plan Nondiscrimination Rules

By Kelly S. Kuglitsch As most Wisconsin employers know by now, the Patient Protection and Affordable Care Act (the "ACA") introduced new nondiscrimination requirements for insured group health plans; however, many employers remain confused about the impact of these rules. The simple answer is that no formal implementation must commence until the...

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