Employment
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Joint Employer Status Rebuffed?
Posted on June 14, 2017, Authored by Dean R. Dietrich, Filed under Employment
Dean R. DietrichAttorney
Wausau OfficeRecent 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…
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Protected Employee Must Notify Employer of Need for Time Off
Posted on May 31, 2017, Authored by Dean R. Dietrich, Filed under EmploymentDean R. DietrichAttorney
Wausau OfficeA 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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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
Russell W. WilsonOf Counsel
Wausau OfficeThe 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…
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OSHA Extends Deadline for Electronically Submitting Worker Injury and Illness Records
Posted on May 18, 2017, Authored by Robert J. Reinertson, Filed under Employment
Robert J. ReinertsonAttorney
Wausau OfficeThe 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…
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One Racial Slur Constitutes Harassment?
Posted on May 4, 2017, Authored by Dean R. Dietrich, Filed under EmploymentDean R. DietrichAttorney
Wausau OfficeA 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…
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Seventh Circuit Court of Appeals Speaks Out on Employment Issues
Posted on May 3, 2017, Authored by Dean R. Dietrich, Filed under EmploymentDean R. DietrichAttorney
Wausau OfficeSeveral 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.…
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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 EmploymentRussell W. WilsonOf Counsel
Wausau OfficeThe 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…
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Are You a Joint Employer? Watch Out for Potential Liability
Posted on March 13, 2017, Authored by Dean R. Dietrich, Filed under EmploymentDean R. DietrichAttorney
Wausau OfficeMany 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 …
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Harassment Discrimination Covers the Waterfront
Posted on March 6, 2017, Authored by Dean R. Dietrich, Filed under EmploymentDean R. DietrichAttorney
Wausau OfficeWe 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…
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Employee Absenteeism Due to Disability: What are Reasonable Accommodations?
Posted on March 2, 2017, Authored by Dean R. Dietrich, Filed under EmploymentDean R. DietrichAttorney
Wausau OfficeOne 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 …
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Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit
Posted on February 9, 2017, Authored by Russell W. Wilson, Filed under EmploymentRussell W. WilsonOf Counsel
Wausau OfficeOn 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…
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Asking for Current Salary in Application?
Posted on January 27, 2017, Authored by Dean R. Dietrich, Filed under EmploymentDean R. DietrichAttorney
Wausau OfficeThe 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…
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OSHA’s New Guidelines for Employer Anti-Retaliation Policies
Posted on January 18, 2017, Authored by Robert J. Reinertson, Filed under EmploymentRobert J. ReinertsonAttorney
Wausau OfficeMost 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 …
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Limited Right to Ask for Discontinuance of Dues Deductions
Posted on January 10, 2017, Authored by Dean R. Dietrich, Filed under EmploymentDean R. DietrichAttorney
Wausau OfficeA 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…
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National Origin Discrimination – A New Frontier?
Posted on January 4, 2017, Authored by Dean R. Dietrich, Filed under EmploymentDean R. DietrichAttorney
Wausau OfficeImmigration 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…
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