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Legal Updates Archive

Published Before January 18, 2016

The content in the following publications is based upon the state of the law at the time of its original publication. As legal developments change quickly, the content in these publications may not remain accurate as laws change over time. None of the information contained in these publications is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. You should not act upon the information in these publications without discussing your specific situation with legal counsel.

Seventh Circuit Reviews ADA Association Discrimination and ERISA Retaliation

Authored by Mary Ellen Schill
Mary Ellen Schill
Attorney
Wausau Office
, April 15, 2008
The United States Seventh Circuit Court of Appeals, which includes Wisconsin, recently addressed a case in which an employee whose spouse had high medical costs claimed, among other things, that she was terminated because of these costs. Dewitt v. Proctor…

SB 404 and AB712 - Penalties for Wisconsin Businesses Employing Illegal Aliens

February 29, 2008
Senate Bill 404 and Assembly Bill 712 were recently introduced in the Wisconsin Legislature. They are not yet law but proposed laws. They target Wisconsin employers employing illegal aliens. The proposed legislation addresses "no match" letter issues…

Senate Bill 165/Assembly Bill 310 - Cause of Action in Court and Punitive Damages for Wisconsin Fair Employment Act Cases

February 26, 2008
We wish to alert you to the following pending Wisconsin legislation. I. BACKGROUND. A federal law, Title VII of the U.S. Code (Title VII), permits discrimination claims to be brought in federal court. Under Title VII, punitive damages can be awarded…

Proposed FMLA Regulations Clarify Covered Conditions, Certification

February 12, 2008
The U.S. Department of Labor finally published the long-awaited proposed revisions to the federal FMLA regulations in the Federal Register on February 11, 2008. The proposed regulations are not yet law.   The regulations are intended to improve…

Breaking News! President Bush Signs Law Extending Leave to Families of Military Service Members

January 30, 2008
It is now law! On Monday, January 28, 2008, President Bush signed the National Defense Authorization Act into law. Section 585 of this Act adds two new qualified events under the federal Family and Medical Leave Act (FMLA) that extend the FMLA leaves to…

OSHA 300-A Posting Deadline

January 30, 2008
Beginning February 1 of each year, covered employers with 10 or more employees must post the OSHA-required Form 300A, which summarizes an employer's reportable injuries and illnesses for the prior year. The Form 300-A posting period is February 1 - April…

Recent Non-Compete Court Decisions

January 25, 2008
There have been a number of recent court decisions addressing the enforceability of non-compete provisions. We are providing a summary of those decisions below. We thought you would find them of interest.   I. Benchmark Medical Holdings, Inc. v.…

New FMLA Forms Issued by the Department of Labor

January 25, 2008
The Department of Labor (DOL) recently issued an updated Certification of Health Care Provider form (Form WH-380) and an updated Employer Response to Employee Request for Family or Medical Leave form (Form WH-381) with a current OMB Control Number (in…

Granting Unanticipated Absences from Work Does Not Constitute a Reasonable Accommodation Under the ADA

January 17, 2008
The American with Disabilities Act (ADA) prohibits employment discrimination against qualified individuals with disabilities. Under the ADA, a qualified individual with a disability is one who, either with or without a reasonable accommodation, can…

FMLA Military Leave Entitlements - President Bush Vetoes Measure

January 4, 2008
Yesterday, we forwarded an e-mail alert regarding expansion of the federal Family and Medical Leave Act (FMLA) to include leaves for family members who have military service members in active service. The measure would have required employers to give 26…