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Employment

  • Unemployment Benefits Cannot Be Denied Based on Eight Cash Transaction Inadvertent Errors Out of 80,000 Transactions in a 21-Month Period

    Posted on May 22, 2017, Authored by Russell W. Wilson, Filed under Employment

    The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well.  The case is Operton v. Labor and Industry Review Commission, 2017 WL 1743039.  In doing so the Supreme Court affirmed the ruling of the Wisconsin Court of Appeals, which…   

  • OSHA Extends Deadline for Electronically Submitting Worker Injury and Illness Records

    Posted on May 18, 2017, Authored by Robert J. Reinertson, Filed under Employment

    The Occupational Safety and Health Administration (OSHA) announced on May 17, 2017 that the deadline for employers with 250 and more employees to electronically submit information from their 2016 Form 300A to OSHA is being extended.  Under the electronic reporting rule that went into effect on January 1, 2017, the original deadline was to be July 1…   

  • One Racial Slur Constitutes Harassment?

    Posted on May 4, 2017, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision from the Second Circuit Court of Appeals in New York has again opened the door to questions about hostile work environment and racial harassment.  The particular question addressed in this court decision was whether one racial epitaph (use of the “n-word”) would support a claim for racial harassment and the creation of a hostile w…   

  • Seventh Circuit Court of Appeals Speaks Out on Employment Issues

    Posted on May 3, 2017, Authored by Dean R. Dietrich, Filed under Employment

    Several recent decisions by the Seventh Circuit Court of Appeals have set the tone for court decisions in the employment law field.  The Seventh Circuit Court of Appeals covers a number of states in the Midwest, including Wisconsin, so the rulings are important for Wisconsin employers up to a point.  The first decision involves sexual orientation.…   

  • Wisconsin Unemployment Insurance Benefits Upon Discharge for Absenteeism – the Employer’s Policy May Be More Generous, But Not More Restrictive, Than the Statutory Default

    Posted on March 21, 2017, Authored by Russell W. Wilson, Filed under Employment

    The Wisconsin Court of Appeals issued a decision in an unemployment insurance benefits case on March 8 that provides clarity where an employee is discharged for absenteeism.  The case is Wisconsin Department of Workforce Development v. Wisconsin Labor and Industry Review Commission, et al (2017 WL 946724).  In doing so the court of appeals describe…   

  • Are You a Joint Employer? Watch Out for Potential Liability

    Posted on March 13, 2017, Authored by Dean R. Dietrich, Filed under Employment

    Many businesses today use other entities to provide employees for their business operations.  This type of structure is often viewed as a good way for a company to avoid many of the pitfalls of being an employer under state and federal laws.  A recent court ruling has redefined what it means to be a joint employer and may cause companies to change …   

  • Harassment Discrimination Covers the Waterfront

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

    We have always been concerned about the extent to which employees or the Equal Employment Opportunity Commission (EEOC) could claim they were suffering from harassment in the workplace.  Recent guidance from the EEOC clarifies its position regarding the extent of the types of harassment that could occur and for which employers will be held responsi…   

  • Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

    Posted on March 2, 2017, Authored by Dean R. Dietrich, Filed under Employment

    One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work.  A good example is an employee who suffers from episodes of depression that affect the employee’s ability to come to work.  It is almost impossible to challenge that type of condition …   

  • Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit

    Posted on February 9, 2017, Authored by Russell W. Wilson, Filed under Employment

    On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the permit-required confined space entry standard.  In doing so the Seventh Circuit discussed imputed knowledge to the employer, fo…   

  • Asking for Current Salary in Application?

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

    The City of Philadelphia has passed legislation that prohibits an employer from asking for the current salary of an applicant being considered for employment with a public or private employer.  The theory behind this legislation is to prevent employers from excluding applicants who may be interested in a position even though the salary level of the…   

  • OSHA’s New Guidelines for Employer Anti-Retaliation Policies

    Posted on January 18, 2017, Authored by Robert J. Reinertson, Filed under Employment

    Most employers and employees know that the Occupational Safety and Health Administration (OSHA) is the federal agency charged with overseeing safety and health in U.S. workplaces.  Many are surprised, however, to learn OSHA is also responsible for enforcing 22 whistleblower protection statutes that don’t necessarily have anything to do with worker …   

  • Limited Right to Ask for Discontinuance of Dues Deductions

    Posted on January 10, 2017, Authored by Dean R. Dietrich, Filed under Employment

    A recent federal court decision in Madison has struck down a portion of the Right-to-Work law applicable to all employers in Wisconsin.  Under this decision by U.S. District Judge William Conley, the Court has issued a permanent injunction stopping employers from following the language in Section 111.06(1)(i) of the Wisconsin Statutes.  This provis…   

  • National Origin Discrimination – A New Frontier?

    Posted on January 4, 2017, Authored by Dean R. Dietrich, Filed under Employment

    Immigration law is said to be the next major debate in both state legislatures and Congress.  While that debate will focus on the rights of immigrants to gain legal status in our country, employers can anticipate many new issues arising under national origin discrimination. I wrote about this topic several weeks ago, but now see it being played ou…   

  • Reassignment to a Vacant Position Under the ADA: Eleventh Circuit Concludes the Best Candidate Gets the Job - But What About Wisconsin?

    Posted on December 22, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    Earlier this month, the United State's Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph's Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the transfer of a disabled employee into a vacant position without consideration of the qualifications of other candidates compe…   

  • Christmas Disability?

    Posted on December 21, 2016, Authored by Dean R. Dietrich, Filed under Employment

    I have written over the year regarding disability discrimination and the notion that an employer can be subject to a discrimination complaint under both state and federal law if the employer “perceives” an individual to be disabled and unable to perform the duties of his/her position.  I often wonder if the public “perceives” Santa Claus to be disa…