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Legal Updates Archive

Published Before November 23, 2015

The content in the following publications is based upon the state of the law at the time of its original publication. As legal developments change quickly, the content in these publications may not remain accurate as laws change over time. None of the information contained in these publications is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. You should not act upon the information in these publications without discussing your specific situation with legal counsel.

NOTICE! - He’s Back! Almost 50 Bills Signed into Law Recently by Governor Walker


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Authored by Kevin J.T. Terry, November 16, 2015
Last week, Governor Walker signed into law almost fifty new bills, many of which affect local government units, schools, and private employers’ human resource departments. My intent over coming days and weeks is to provide a summary of some of the…

Governor Signs Bill Requiring School Boards to Adopt or Amend Policy Regarding School Board Vacancies


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Authored by Kevin J.T. Terry, October 25, 2015

2016 Qualified Plan Cost of Living Increases, 2016 Social Security Taxable Wage Base


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Authored by Mary Ellen Schill, October 21, 2015
The Internal Revenue Service has announced the cost-of-living adjustments for the various qualified retirement plan limits. All of the limits shown below remain unchanged from last year.   All of the above are plan year limits (i.e., for the plan year…

Sixth Circuit Court of Appeals Issues Nationwide Stay of Proceedings in the Clean Water Rule


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Authored by Russell W. Wilson, October 13, 2015
Various challenges to the Clean Water Rule, issued by the EPA and the Corps of Engineers on June 29, 2015, and effective August 28, 2015, have been consolidated by the Judicial Panel on Multi-District Litigation in the Sixth Circuit Court of Appeals.  On…

Clean Water Rule: Definition of “Waters of the United States” under the Clean Water Act


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Authored by Russell W. Wilson, October 12, 2015
I. Introduction The terms “waters of the United States” and “navigable waters of the United States” are two separate definitions applied by the United States Army Corps of Engineers (“Corps”) in different contexts pursuant to different statutes.  Let’s…

WOTUS Legal Challenges Update


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Authored by Russell W. Wilson, September 9, 2015
There are numerous pending lawsuits challenging the EPA and Corps of Engineers’ “Waters of the United States” (WOTUS) Rule.  The Rule took effect in thirty-seven states on August 28, 2015, after proceedings in three of these lawsuits. The explanation…

Rapanos v. United States: The Narrow View, The Broad View, and the Search for the Significant Nexus to Clean Water Act Jurisdiction


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Authored by Russell W. Wilson, August 10, 2015
United States v. Riverside Bayview Homes, Inc. and Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers created a jurisdictional vacuum which Rapanos v. United States (“Rapanos”), 547 U.S. 715 (2006) attempted to fill by developing…

Hey Employers! The DOL is Watching—Are Your Workers Properly Classified?


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Authored by Sara J. Ackermann, July 28, 2015
On July 15, 2015, the U.S. Department of Labor (“DOL”) released an administrative interpretation that addresses the standard under the Fair Labor Standards Act (“FLSA”) for properly classifying workers as employees or independent contractors.  While there…

One Instance of Racial Harassment Can Be Enough


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Authored by Dean R. Dietrich, July 21, 2015
Harassment and discrimination in the workplace continue to be evolving areas of law.  In most U.S. jurisdictions, the rules seem to be fairly well-established as fair and balanced for both employer and employee.  However, when the right case comes along,…

What is the Overtime Proposal and Why Should I Care?


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Authored by Sara J. Ackermann, July 7, 2015
By now you probably have heard that the U.S. Department of Labor (DOL) has issued a “proposed rule and request for comments” regarding overtime eligibility.  For those of you who want to chat intelligently about this topic at cocktail parties—but would…