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Employment

  • Breaking News: Judge Says He Will Issue Ruling on November 22 Regarding DOL Proposed OT Rule!

    Posted on November 17, 2016, Authored by Sara J. Ackermann, Filed under Employment

    As we reported recently, (see DOL Overtime Rule Update: Breaking News!!!!!) 21 States and multiple business groups have filed suit in the Eastern District of Texas seeking a delay in the implementation of the proposed OT rule set for December 1.   Yesterday, the judge assigned to that case advised the parties he will issue his ruling on November 22…   

  • Worker's Compensation: Opt Out in Wisconsin?

    Posted on November 7, 2016, Authored by Russell W. Wilson, Filed under Employment

    In 2014 Oklahoma enacted a radical change to its workers’ compensation statute, and on September 13, 2016, the Oklahoma Supreme Court held that it violates the state constitution. The case is Dillard’s, Inc. v. Vasquez, 2016 OK 89. Some version of the Oklahoma legislative plan might be considered by the Wisconsin Legislature. This article explores …   

  • Recent Disability Discrimination Cases Outline Employer Responsibilities

    Posted on November 4, 2016, Authored by Dean R. Dietrich, Filed under Employment

    Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation.  These decisions offer reminders for employers of the importance of recognizing potential disability claims and addressing them promptly. In the first decision, the Eigh…   

  • Tortious Interference with Contract/Employment Relationship/Truthfulness of Statements/Defense to Tort Claim

    Posted on November 2, 2016, Authored by Dean R. Dietrich, Filed under Employment

    A recent ruling from the Seventh Circuit Court of Appeals extended the notion of “truth as a defense” to a tortious interference with employment claim under Wisconsin law.  This establishes a sound defense to a claim by an employee against other employees that they have tortiously interfered with the employee’s contract for employment with a busine…   

  • IRS Announces 2017 Qualified Plan Limits; Pumpkin Spice Inexplicably Lacking

    Posted on October 27, 2016, Authored by Mary Ellen Schill, Filed under Employment

    Late each October, the IRS gets around to announcing the cost of living adjustments for qualified plans for the upcoming year.  This year was no exception, and here they are [Plan Limits].   Unlike last year, 2017 brings some increases to the limits, like the increase in the compensation limit (the maximum amount of compensation a plan can take int…   

  • NLRB Gives It the Old College Try – Again Hints that Athletes May Indeed Be Employees

    Posted on October 24, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    Labor and employment practitioners will undoubtedly recall the NLRB’s well-publicized foray last year into the ongoing public debate surrounding whether certain college athletes should be considered compensated employees—Northwestern University, 362 NLRB No. 167 (Aug. 17, 2015). Through Northwestern University, the Board punted—but left open—the su…   

  • Hairstyle Is Not a Protected Category but Sexual Orientation Likely Is

    Posted on September 20, 2016, Authored by Dean R. Dietrich, Filed under Employment

    Several recent decisions have opened the door to further scrutiny regarding discrimination and the basis for a finding of discriminatory conduct by an employer.  These decisions continue to show the volatility of discrimination claims and determinations of whether or not an employee can claim discrimination based on company actions. In one court d…   

  • Recognition of Same-Sex Marriage Officially the Tax Law of the Land

    Posted on September 1, 2016, Authored by Mary Ellen Schill, Filed under Employment

    Effective tomorrow, September 2, 2016, new IRS final regulations will take effect which provide that for federal tax purposes, the terms “spouse,” “husband,” and “wife” mean an individual lawfully married to another individual.  The terms “husband and wife” mean two individuals lawfully married to each other.  Lawful marriage means the marriage is …   

  • Agreement Prohibiting Solicitation of Employees by Former Employee may be Unenforceable

    Posted on August 23, 2016, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision from the Wisconsin Court of Appeals has raised serious questions regarding non-solicitation agreements that are often included as part of an employment agreement or severance agreement.  A non-solicitation agreement typically prohibits a departing employee from soliciting to hire other employees of your company to go to work for a…   

  • Employers Who “Usually” Employ 3 or More Employees: the Threshold for Mandatory Worker’s Compensation in Wisconsin

    Posted on August 2, 2016, Authored by Russell W. Wilson, Filed under Employment

    In general (i.e. non-farm) employment, Wisconsin’s Worker’s Compensation Act becomes mandatory for employers under either of two circumstances.  In the event such an employer pays $500 in wages during any calendar quarter, worker’s compensation becomes mandatory on the 10th day of the next quarter.  That’s a “bright line” rule.  Alternatively, work…   

  • OSHA Ban on Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing Programs Delayed

    Posted on July 18, 2016, Authored by Russell W. Wilson, Filed under Employment

    The date for implementation of OSHA’s ban on two programs – Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing – has been set back from August 10, 2016, to November 1, 2016, as a result of motion practice in a legal challenge.  The ban on these programs are part of a new regulation.  The U.S. Department of Labor Occupa…   

  • Collegiality in the Workplace – Not Authorized by NLRB

    Posted on July 13, 2016, Authored by Dean R. Dietrich, Filed under Employment

    Collegiality in the workplace is the goal of every employer in order to provide the proper atmosphere for productive employees.  Many employers have taken this desire to heart by publishing rules that encourage collegiality amongst employees and prohibit conduct that would adversely affect morale in the workplace.  A recent ruling by the National L…   

  • Payment for Not Taking Benefits – Additional Compensation

    Posted on July 5, 2016, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision in the Ninth Circuit Court of Appeals has highlighted another problem with determining the rate of pay for paying  overtime hours worked by non-exempt employees.  Under the Fair Labor Standards Act, employees are required to be paid time and one-half their regular rate of pay when they work more than 40 hours in a work week.  Ther…   

  • Withdrawal of Recognition of Union – Automatic Complaint

    Posted on June 29, 2016, Authored by Dean R. Dietrich, Filed under Employment

    Recent action by the National Labor Relations Board has challenged a long-standing labor precedent that may directly affect Wisconsin companies because of the implementation of the Wisconsin Right-to-Work Law.  Because of the Right-to-Work Law, many companies with union representation of its employees are learning the employees no longer support t…   

  • Wisconsin Court of Appeals Rejects Labor and Industry Review Commission's Worker's Compensation Determination as Unreasonable

    Posted on June 28, 2016, Authored by Russell W. Wilson, Filed under Employment

    Circuit courts and appellate courts commonly apply “great weight deference” to worker’s compensation benefit determinations made by the Labor and Industry Review Commission (“LIRC”), but not this time.  In an unpublished opinion issued by the Wisconsin Court of Appeals on June 21, 2016, the appellate court found that LIRC impermissibly read into a …