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...
By Hugo P. Rojas This month marks the 30th anniversary of the adoption of the I-9 – the form that requires employers to check the immigration status of its prospective employees. While employers have become familiar with the process, over that time there have been 11 different versions of the I-9. So the introduction of the latest version,...
By Alec Dobson A federal rule that was to have banned pre-dispute arbitration agreements in nursing homes and other long-term care providers was put on hold by a federal judge on Monday. The new rule, which would apply to facilities participating in Medicare or Medicaid, was to go into effect on November 28, 2016. The rule was postponed...
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...
By Hugo P. Rojas A recent unpublished opinion of the Wisconsin Court of Appeals affirms the principle that Wisconsin school districts are authorized to unilaterally determine the amount of retiree benefits offered in the post-Act 10 era. The Court’s August 2016 ruling in Townsend v. Neenah Joint School District brought closure to a series of...
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...
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...
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...
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...
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...
