Employment
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Settling Discrimination Complaints in Wisconsin
A recent decision from the Wisconsin Labor and Industry Review Commission has placed a cloud over the settlement of discrimination complaints in Wisconsin. The cloud may not be very dark, but it is a matter that needs to be considered by employers when they pursue an effort to settle a discrimination complaint brought by an employee. In the recen…
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What Does New Employee Handbook Standard Mean?
Attorney Bob Reinertson wrote recently about a decision of the National Labor Relations Board that significantly changed how the NLRB will review workplace policies and employee handbooks to determine whether they are in compliance with federal law. The issue has always been that workplace policies (normally included in an employee handbook) may n…
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The NLRB Announces a Major Reversal on Employee Policies and Handbooks
Posted on December 21, 2017, Authored by Robert J. Reinertson, Filed under Employment
Robert J. ReinertsonAttorney
Wausau OfficeWe have reported in blog articles and seminars in recent years on decisions by the National Labor Relations Board (NLRB) that invalidated employee policies and handbook provisions which sought, among other things, to promote workplace civility and reasonable behavior. Last week the NLRB overturned the 2004 case that started that trend. In the 200…
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2018 IRS Standard Mileage Rates Reflect Rising Fuel Prices
Posted on December 15, 2017, Authored by Mary Ellen Schill, Filed under Employment
Mary Ellen SchillAttorney
Wausau OfficeThe 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…
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Ageism in the Workplace?
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 …
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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 EmploymentMary Ellen SchillAttorney
Wausau OfficeThe 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 …
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OSHA Extends 300A Electronic Reporting Deadline to December 15
Posted on November 27, 2017, Authored by Robert J. Reinertson, Filed under EmploymentRobert J. ReinertsonAttorney
Wausau OfficeThe 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…
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Extended Leave is an Accommodation – Maybe Not
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…
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Don’t Ask – Don’t Tell in Job Interview?
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…
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Seventh Circuit Court of Appeals – Super Human Resource Department?
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…
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EEOC Sues for Transgender Discrimination
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…
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Judge Strikes Down DOL’s Proposed Overtime Rule!
Posted on September 8, 2017, Authored by Sara J. Ackermann, Filed under Employment
Sara J. AckermannChair of Employment, Benefits & Labor Relations Practice GroupAttorney
Wausau OfficeFinally, 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…
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Check Your Handbooks!!! UPS Settles Maximum Leave Policy Violations for $2 million.
Posted on August 9, 2017, Authored by Sara J. Ackermann, Filed under EmploymentSara J. AckermannChair of Employment, Benefits & Labor Relations Practice GroupAttorney
Wausau OfficeThe 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…
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IRS Encourages Self-Assessment to Identify Fringe Benefit Errors
Posted on August 3, 2017, Authored by Mary Ellen Schill, Filed under EmploymentMary Ellen SchillAttorney
Wausau OfficeAs 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…
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Federal Court Reverses NLRB “Positive Work Environment” Handbook Decision
Posted on August 1, 2017, Authored by Robert J. Reinertson, Filed under EmploymentRobert J. ReinertsonAttorney
Wausau OfficeThe 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…
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