A sometimes overlooked provision can cause big trouble for Wisconsin residential landlords. That provision centers around disputes with the tenant and specifically who will be responsible for paying the legal fees associated with the dispute. Under Wisconsin law, a landlord may not charge a tenant for actual attorney fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement. Any rental provision mandating that tenants pay actual legal fees renders the entire
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Latest from von Briesen & Roper, S.C. News
von Briesen Welcomes Michael R. Sherer
von Briesen & Roper, s.c., today announced that attorney Michael R. Sherer joined the Firm’s Waukesha office, located at 20975 Swenson Drive.
As a member of the Labor and Employment Section, Sherer focuses his practice on employment litigation, employment law counseling, collective bargaining, contract administration, and representation before the National Labor Relations Board (NLRB). He has significant experience in employment litigation and specifically with handling wage and hour claims, employment discrimination, Title I of the Americans with Disability Act
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The EPA and Army Corps’ “Waters of the U.S.” (WOTUS) Rule to Become Effective on March 20
In January of 2023, the federal Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) published in the Federal Register (see Federal Register/Vol. 88, No. 11, January 18, 2023) new rules that define which water bodies are classified under the Clean Water Act (CWA) as “waters of the U.S.” (WOTUS). While this may not appear to be significant, the adoption of these rules will have major implications for how federal agencies will identify the types of
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NLRB Case Impacts Severance Agreements for Union and Non-Union Employees
The National Labor Relations Board (NLRB) recently issued a decision holding that severance agreements containing certain nondisparagement and confidentiality clauses interfere with employee rights under Section 7 of the National Labor Relations Act (NLRA). The decision will impact employer severance agreements with both non-unionized and unionized employees.
In McLaren Macomb, 372 NLRB No. 58 (2023), eleven front desk/greeter employees of McLaren Macomb Hospital in Michigan (the “Hospital”) were permanently furloughed in 2020 due to the pandemic. The employees were
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Wisconsin Supreme Court Addresses "Occurrence" in Case involving Insured’s Reckless Homicide Conviction
Dostal v. Strand, 2023 WI 6
In Dostal, Dostal filed suit against Strand for negligence and wrongful death arising out of the death of their infant daughter, Haeven, who died due to head trauma sustained while in Strand’s care. Strand sought defense and indemnification from his homeowner’s insurer, State Farm. The circuit court and court of appeals determined that Strand’s conduct did not constitute an “occurrence” under the State Farm policy because his conviction for second-degree reckless homicide established
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Ninth Circuit Holds MAGA Hat is Free Speech
On December 29, 2022, the United States Court of Appeals for the Ninth Circuit held that a Washington principal violated a middle school teacher’s free speech rights by threatening discipline, if the teacher continued wearing a “Make America Great Again” (“MAGA”) hat to staff training sessions. The Court found no evidence that the teacher caused any actual disruption by repeatedly bringing or wearing the hat to teacher-only trainings. The decision can be found here.
Background
A teacher repeatedly
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The SECURE Act 2.0: What’s In It For You?
On December 29, 2022, President Biden signed into law the Omnibus Appropriation Act, 2023, which includes the SECURE 2.0 Act of 2022 (the “SECURE Act 2.0”). The Setting Every Community Up for Retirement Act of 2019 (the “original SECURE Act”) included a number of legislative changes designed to encourage retirement savings and expand employee participation in retirement plans. The SECURE Act 2.0 again modifies the Internal Revenue Code (the “Code”) and the Employee Retirement Income Security Act of 1974
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What Compliance Officers Need to Know Going Into 2023
Health care compliance programs must be dynamic in order to enhance their effectiveness. This dynamic aspect requires that compliance professionals be on top of recent government pronouncements and enforcement trends so that they can adjust and fine-tune their programs to incorporate and address developments and trends that impact their organization. This Legal Update focuses on key 2022 pronouncements from the government, including recent guidance from the Department of Health and Human Services (“HHS”), HHS’s Office of the Inspector General
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School Safety: Adolescent Athletes & Cardiac Arrest
On January 2, 2023, during a National Football League game involving the Buffalo Bills and Cincinnati Bengals, Bills’ safety Damar Hamlin collapsed from an apparent cardiac arrest. Thankfully, numerous medical personnel were able to respond and render care to Mr. Hamlin. The incident was frightening—fellow players and spectators prayed for his survival while medical personnel worked feverously to keep his heart beating. The collateral impact of this incident on the reputations of the NFL, the Bengals and Bills, their
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Federal Trade Commission Issues Proposed Rule to Ban Non-Compete Agreements
On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking that would prohibit the use by employers of non-compete clauses, agreement terms that have the effect of imposing a non-competition obligation and would preempt all state laws that provide less protection than the proposed rule. This change would require the undoing of existing restrictive provisions with employees, with notice of the relief from compliance (with certain limited exceptions in business purchase agreements).
The proposed
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The Wisconsin Natural Resources Board Votes to Allow WDNR to Develop PFAS Regulations for Groundwater
In December 2022, the Wisconsin Natural Resources Board (NRB), the board that establishes policy for the Wisconsin Department of Natural Resources (WDNR), voted to allow the WDNR to move forward with developing regulatory standards for per- and polyfluorolalkyl substances (PFAS) in groundwater.
It is anticipated that the WDNR’s process of gathering data, researching safe concentrations of PFAS, and adopting groundwater regulatory standards to be incorporated into Wisc. Admin. Code Section NR 140 could require as much as one to
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EPA Approves Use of the ASTM E1527-21 Standard Practice for Phase I Environmental Site Assessments
On December 15, 2022, the U.S. Environmental Protection Agency (EPA) provided notice of a Final Rule approving the use of the American Society for Testing & Materials (ASTM) “E1527-21 – Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ESA).” The goal of an ASTM E1527 Phase I ESA is to identify the confirmed presence, likely presence or a material threat of the presence of hazardous substances or petroleum products at a real property, also known
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von Briesen & Roper, s.c. Welcomes Mark S. Kapocius
von Briesen & Roper, s.c., today announced that attorney Mark S. Kapocius joined the Milwaukee office as a Shareholder in the Government Law Group and School Law Section.“Mark Kapocius brings significant school law and labor and employment law experience to our firm, our Government Law Group, and our School Law Team. Our School District and other public-sector clients will benefit from Mark’s creativity and innovation, and they will enjoy working with an Attorney who cares and intrinsically understands their needs,”
Continue Reading von Briesen & Roper, s.c. Welcomes Mark S. Kapocius
von Briesen Welcomes Mark S. Kapocius
von Briesen & Roper, s.c., today announced that attorney Mark S. Kapocius joined the Milwaukee office as a Shareholder in the Government Law Group and School Law Section.“Mark Kapocius brings significant school law and labor and employment law experience to our firm, our Government Law Group, and our School Law Team. Our School District and other public-sector clients will benefit from Mark’s creativity and innovation, and they will enjoy working with an Attorney who cares and intrinsically understands their needs,”
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The EPA Proposes to Change Toxic Release Inventory (TRI) Reporting for PFAS
On December 5, 2022, the U.S. Environmental Protection Agency (EPA) provided notice in the Federal Register (see “Federal Register”/Vol. 87, No. 232/Monday December 5, 2022) of a Proposed Rule that would make significant changes for reporting of PFAS compounds pursuant to the “Toxic Release Inventory” (TRI) reporting requirements of the Emergency Planning Community Right-to-Know Act (EPCRA).
The TRI Rules require that specific industries identified under a variety of SIC Codes, which includes most manufacturers, mining facilities, electric power generating
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Wisconsin Court of Appeals Requires Disclosure of E-Mail Listserv Maintained by Public School District Used for Community Outreach
On December 7, 2022, the Wisconsin Court of Appeals ordered the Mequon-Thiensville School District (“MTSD”) to release a parent e-mail list to a public records requestor.1
BackgroundMTSD collected parent e-mail addresses for the purpose of communicating with parents about student-focused matters (school closures, bus routing, enrollment reminders, etc.). In addition, MTSD also used the email distribution list to communicate on “community outreach” matters that “may stray from what traditionally would be considered school related.”
A local resident, Mark Gierl,
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