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26 Results for Articles by Kevin J.T. Terry
Kevin J.T. Terry
Attorney
Wausau Office
In The Blue Ink Blog.

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Allergy Relief

Through the signing of Senate Bill 375, school districts now have more flexibility in assisting students with life-threatening allergies. Prior to the signing of this bill in April, only certain authorized school personnel were allowed to administer a…

Cruel Intentions

Last week, a Wisconsin Court of Appeals decided the case of Ardell v. Milwaukee Board of School Directors and Lynne A. Sobczak. The case is important to school districts and local governments alike because the outcome may change the way municipalities re…

Council of State Governments Provides Recommendations for Student Discipline

One of the more difficult areas of our practice deals with assisting school districts through student discipline and serving as counsel to districts during student expulsions. This week, I came across an interesting article in the Washington Post which a…

Conflicted?

If it hasn't happened yet, trust me, it will. Every public official seems to be put in a position of conflict while in office. Here is a link to a recent article about a City of Green Bay public official who has chosen to abstain from any further voting …

Retaliation Against a Public Employee for Giving Testimony is a No-No

A recent decision by the United States Supreme Court has clarified a very murky area of the law. Statements by a government employee may or may not be protected speech based upon the content of the speech and the circumstances under which the statements …

Obesity as a Disability Under the ADA

Posted on July 8, 2014, Authored by Kevin J.T. Terry
Kevin J.T. Terry
Attorney
Wausau Office
, Filed under Employment

Recent court actions continue to support a claim that obesity is a covered disability. America's Car-Mart (Car-Mart) reached a mutual agreement to settle a claim brought by a former employee alleging that Car-Mart discharged him from his General Manager …

Protecting Your Workplace May Be Getting Easier

Posted on August 27, 2014, Authored by Kevin J.T. Terry
Kevin J.T. Terry
Attorney
Wausau Office
, Filed under Employment

On numerous occasions, we have received a phone call from a client that goes something like this: "An employee has reported to human resources that their (family member/friend/acquaintance) has been engaging in harassing behavior that the employee is con…

DOJ Provides Guidance to School Districts

Over the weekend, I was able to read a letter from the U.S. Department of Justice, Civil Rights Division, which addressed the responsibility of public schools to ensure effective communication with students with hearing, vision, or speech disabilities. …

When it Comes to Criminal Background Checks, Honesty is the Best Policy (For Employers Too!)

Posted on October 28, 2015, Authored by Kevin J.T. Terry
Kevin J.T. Terry
Attorney
Wausau Office
, Filed under Employment

Last week I was asked to present, along with a panel of attorneys, to a group of law students. For a group of students facing a tough job market, the most common theme of the discussion related to the hiring process and how these students could maximize …

Legal Updates on Bills Affecting Employers, Schools, and Local Governments

Posted on November 17, 2015, Authored by Kevin J.T. Terry
Kevin J.T. Terry
Attorney
Wausau Office
, Filed under Employment

As a service to our clients, contributors to the Blue Ink will be drafting legal updates regarding the recent bills signed by Governor Walker. Many of the bills directly affect both public sector and private sector employers. The first update in this ser…

Town’s TIF Participation Expanded

On November 11, 2015, Governor Walker signed 2015 Wisconsin Act 96 which authorizes towns to participate in multijurisdictional tax incremental financing districts. Wisconsin Statute Section 66.1105(18)(c) was amended to read “Any town which may creat…

New Proposed EEOC Guidelines on Retaliation

Posted on January 29, 2016, Authored by Kevin J.T. Terry
Kevin J.T. Terry
Attorney
Wausau Office
, Filed under Employment

On January 21, 2016, the EEOC issued its Proposed Enforcement Guidance on Retaliation and Related Issues which is to be used as a reference for staff investigators on charges alleging retaliation and other related issues.  The stated purpose of the guida…

EEOC Releases Proposed Guidelines on Retaliation

We recently posted a blog to our Employment Blog that might be of interest to this group.

Legislative Changes Affecting Local Government Units

On Thursday, February 4th Governor Walker signed 21 bills into law at the Wisconsin State Capitol in Madison.  Many of these laws addressed transportation, hunting, and other miscellaneous issues.  Two of these bills however directly affect municipalitie…

Do Municipalities have to Disclose Driver’s License Information?

On Tuesday, May 10, the Wisconsin Court of Appeals ruled that the Drivers Privacy Protection Act, or DPPA, a federal law protecting drivers license data, does not allow Wisconsin police departments to withhold driver information from accident reports.  T…

E-mail Communication to Board Members Creates Meeting?

At our recent Local Government Seminar, a question was asked as to whether other states are aggressively enforcing open meeting or public meeting laws involving local governments.  A recent decision by an Appellate Court in Ohio shows that other states a…

Overtime Final Rule for State and Local Governments

The Department of Labor’s final overtime rule (“the Final Rule”) updates the salary level required for the executive, administrative, and professional (“white collar”) exemption to overtime pay requirements to assure that the FLSA’s intended overtime pro…

BREAKING: Supreme Court to Weigh in on Transgender Restroom Access in Schools

The U.S. Supreme Court on Friday accepted a closely watched case over restroom access for transgender students. Gloucester County School Board v. G.G., will examine whether the Title IX education code’s prohibition on “sex” discrimination includes discri…

Liquidated Damages: A Tool for Teacher Retention?

A common struggle for school districts across Wisconsin is how to attract and retain quality teachers and administrative staff.  In a post-Act 10 world where districts are free to recruit the best and the brightest from their neighboring school district,…

Trump Administration Withdraws Transgender Guidance

On February 22, 2017, one day before briefs were submitted to the Supreme Court in a case involving a transgender student in Pennsylvania, the Trump Administration, through the Department of Justice (DOJ) and the Department of Education (DOE) changed the…

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