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Employment

  • 2018 IRS Standard Mileage Rates Reflect Rising Fuel Prices

    Posted on December 15, 2017, Authored by Mary Ellen Schill, Filed under Employment

    The Internal Revenue Service has announced the optional standard mileage rates for computing the deductible cost of operating an automobile for business, medical, and moving expenses for 2018, and the increased rates reflect the increase in gasoline prices. Effective January 1, 2018, the optional standard mileage rates will increase to 54.5 cents p…   

  • Ageism in the Workplace?

    Posted on November 30, 2017, Authored by Dean R. Dietrich, Filed under Employment

    There has been a lot of discussion lately about “ageism” in the workplace.  People are wondering what this means and what type of steps need to be taken by an employer to avoid age discrimination complaints. Ageism is the key word being used today to describe attitudes and behaviors in the workplace that reflect negatively on individuals over age …   

  • 2018 Qualified Plan Cost of Living Increases, 2018 Social Security Taxable Wage Base - Updated for New Taxable Wage Base

    Posted on November 29, 2017, Authored by Mary Ellen Schill, Filed under Employment

    The Social Security Administration has revised its earlier pronouncement on the Taxable Wage Base for 2018.  The Taxable Wage Base will now be $128,400, not $128,700.  We have updated this blog post post accordingly (original publish date October 27, 2017.) The Internal Revenue Service has announced the cost-of-living adjustments for the various …   

  • OSHA Extends 300A Electronic Reporting Deadline to December 15

    Posted on November 27, 2017, Authored by Robert J. Reinertson, Filed under Employment

    The Occupational and Safety Administration (OSHA) has announced the December 1, 2017 deadline for certain employers to electronically submit 300A injury and illness reports for 2016 has been extended by two weeks, to December 15, 2017. This deadline extension affects employers with 250 or more employees and employers with 20 to 249 employees in de…   

  • Extended Leave is an Accommodation – Maybe Not

    Posted on November 20, 2017, Authored by Dean R. Dietrich, Filed under Employment

    As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an extended leave to a person with a disability who has exhausted their twelve weeks of federal medical leave.  The Seventh Circuit Co…   

  • Don’t Ask – Don’t Tell in Job Interview?

    Posted on November 16, 2017, Authored by Dean R. Dietrich, Filed under Employment

    A number of states have passed legislation prohibiting an employer from asking a candidate for a new job about his or her salary history in other employment settings.  While such a law has not passed in the State of Wisconsin, there is clearly a ground swell of support for employers to stop asking salary history questions during a new employee inte…   

  • Seventh Circuit Court of Appeals – Super Human Resource Department?

    Posted on October 9, 2017, Authored by Dean R. Dietrich, Filed under Employment

    The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers.  Recent court decisions have suggested that the Federal Court may be reconsidering that position.  There have been a number of employment law decision…   

  • EEOC Sues for Transgender Discrimination

    Posted on October 6, 2017, Authored by Dean R. Dietrich, Filed under Employment

    Recent action by the Equal Employment Opportunity Commission has raised the specter of whether transgender persons are considered protected under the federal discrimination laws.  The EEOC has sued a company in Denver that allegedly discriminated against a transgender man who applied for a position as manager.  This case addresses the question whet…   

  • Judge Strikes Down DOL’s Proposed Overtime Rule!

    Posted on September 8, 2017, Authored by Sara J. Ackermann, Filed under Employment

    Finally, it appears we have closure on this saga that started over a year ago!  On August 31st, the same Texas federal district court judge who granted a preliminary injunction last November delaying the effective date of the Department of Labor’s new overtime rule, issued a final judgment invalidating the rule.  As you may recall, the Obama-era ov…   

  • Check Your Handbooks!!! UPS Settles Maximum Leave Policy Violations for $2 million.

    Posted on August 9, 2017, Authored by Sara J. Ackermann, Filed under Employment

    The EEOC filed suit against UPS on behalf of approximately 90 current and former employees for multiple violations of the Americans with Disabilities Act (ADA).  The agency charged UPS with failing to properly accommodate employees with disabilities.  Most importantly, the EEOC alleged that UPS had a maximum leave policy that automatically terminat…   

  • IRS Encourages Self-Assessment to Identify Fringe Benefit Errors

    Posted on August 3, 2017, Authored by Mary Ellen Schill, Filed under Employment

    As much as I love tax law, filling out another tax form isn’t high on my list of fun things to do.  So when the IRS issues a form that isn’t legally required to complete, should you?  If you are an employer that provides one or more fringe benefits to your employees, you may want to put IRS Form 14581-A on your bucket list.  Here’s a link to the Fo…   

  • Federal Court Reverses NLRB “Positive Work Environment” Handbook Decision

    Posted on August 1, 2017, Authored by Robert J. Reinertson, Filed under Employment

    The National Labor Relations Board (NLRB) created controversy a couple of years ago when it ruled that handbook policies maintained by T-Mobile USA requiring employees to maintain a positive work environment were illegal because they could be seen as having a chilling effect on employees’ unionizing and collective bargaining rights.  Last week, th…   

  • Eligibility for Overtime Pay – Redo?

    Posted on July 31, 2017, Authored by Dean R. Dietrich, Filed under Employment

    Recent action taken by the Department of Labor has started to signal the likely “redo” of the Fair Labor Standards Act regulations regarding overtime pay and which employees are eligible for overtime pay.  The Department of Labor issued a Request for Information document that asks employers to respond to a series of questions on overtime pay eligib…   

  • Wisconsin Court Re-affirms Employment At Will Principles

    Posted on July 27, 2017, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision from the Wisconsin Court of Appeals has upheld the concept of “employment-at-will” and determined that an employment-at-will provision in an employment contract superseded company policies that provided alternative procedures to be followed when investigating inappropriate conduct of an employee.  In a recent decision of the Distr…   

  • Right-to-Work Law Upheld

    Posted on July 17, 2017, Authored by Dean R. Dietrich, Filed under Employment

    Without much fanfare, the Seventh Circuit Court of Appeals has upheld the Wisconsin Right-to-Work Law.  The Right-to-Work Law passed in Wisconsin is similar to a law passed in Indiana and holds that a company may not enter into a labor agreement with a union representing company employees that requires the employees to join the union or to have uni…   

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