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 County Circuit Court Judge John J....

Labor & Employment Attorney Bruce Deadman Discusses Overtime Regulation Changes in New North B2B Publication
By Bruce B. Deadman
Summary of Public Safety Interest Arbitration Cases, Volume 4
This information update summarizes public safety interest arbitration awards that have been issued since November 2014 when our third update appeared. (For prior editions, visit https://www.dkattorneys.com/publications.cfm?st_id=192.) Readers are encouraged to read the entire award for a complete understanding of each case. (See: http://www.werc.wi.gov.)
New Laws Impact School Districts
By D|K's School and Higher Education Law Team

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 the framework for that...

Table of Experts: The Benefits of Design-Build
D&K's Real Estate practice chair, Joseph E. Tierney, recently sat down with D. Phillip Corbin of J. F. Ahern and Craig Coursin of MSI General Corporation to discuss the benefits of what's trending within design-build. Their commentary was featured in the Milwaukee Business Journal's Table of Experts column on June 12, 2015.
Shifting Sands: Uncertainty Emerges for Businesses Expecting Insurance Companies to Defend Their Coverage
In the wake of recent pro-insurance company rulings in Wisconsin courts, businesses and their owners will need to proceed with extra caution when asking their insurance company to defend lawsuits that may arise from their business dealings. While many suits are typically covered under a policy, all too often an insurance company disputes coverage, which...

Attention Employers: The IRS May Be Googling Your Employee Benefits Communications
By Mark G. Kmiecik
“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,...
Is Your Estate Plan Jeopardizing your S-Corporation?
Many of us are familiar with the basic S-corporation mantra – avoid the so-called double taxation of regular C-corporations, all while maintaining the limited liability and practical advantages of a corporation. While many business owners engage in detailed planning to ensure compliance with Subchapter S of the Internal Revenue Code in order to maximize the...