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Employment

  • 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…   

  • Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

    Posted on July 13, 2017, Authored by Russell W. Wilson, Filed under Employment

    Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here).  This bulwark has survived a creative attack in an asbestos case in Pecher v. Owens-Illinois, Inc. 859 F.3d 396 (2017), which was decided on June 6, 2017. The case involved …   

  • A Seemingly Important Win for Wisconsin Worker’s Compensation Insurance Carriers and Employers

    Posted on July 11, 2017, Authored by Russell W. Wilson, Filed under Employment

    On its face the decision of the Wisconsin Supreme Court in Flug v. LIRC, 2017 WI 72 (decided on June 30, 2017), is a clear, important win for the employer side in common injuries that involve pre-existing degenerative conditions.  The general circumstances presented in Flug are familiar.  In that case, a forty-three year old retail store supervisor…   

  • Joint Employer Status Rebuffed?

    Posted on June 14, 2017, Authored by Dean R. Dietrich, Filed under Employment

    Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be considered an employee of the hiring company.  The past Department of Labor issued various memos that indicated a crackdown on in…   

  • Protected Employee Must Notify Employer of Need for Time Off

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

    A recent decision in the Northern District of California highlighted the importance of employers applying a consistent rule that employees must notify the employer if they are unable to report to work, even if the employee suffers from a disabling condition.  In a recent decision, the Federal Court Judge held that a Company properly terminated an e…   

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