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Legal Updates Archive

Published Before January 16, 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.

Employees Allowed 180-Days to File Title VII Claims

June 18, 2007
In Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074 (U.S. May 29, 2007), the U.S. Supreme Court ruled that for purposes of calculating an employee's 180-day time limit for bringing a Title VII claim, the employer's initial unlawful decision to set…

Termination During Healing Period Requires Renewed TTD Payment Under Worker's Compensation Law

Authored by Russell W. Wilson
Russell W. Wilson
Of Counsel
Wausau Office
, June 18, 2007
The Wisconsin Court of Appeals has ruled in favor of an employee's claim for renewed workers' compensation temporary total disability benefits ("TTD") after he was fired for having violated a very important safety rule. The employee, Dennis Race, was an…

Federal Minimum Wage to Increase to $7.25 by 2009

May 30, 2007
Known as the "Fair Minimum Wage Act of 2007," a new law will amend the Fair Labor Standards Act (FLSA) to raise the federal minimum wage to $5.85 an hour 60 days after enactment, to $6.55 an hour one year later, and then to $7.25 an hour in 2009. This…

The Twelve Months That an Employee Must Be Employed to Qualify for Federal FMLA Need Not Be Consecutive

May 24, 2007
For purposes of the federal Family and Medical Leave Act (FMLA), an employee must have been employed by his or her employer for at least 12 months and worked at least 1,250 hours in the last 12-month period to be eligible for FMLA leave. A federal…

Employee Only Needs to Inform Employer of Probable Need for FMLA

May 24, 2007
The Seventh Circuit Court of Appeals, whose jurisdiction encompasses Wisconsin, recently issued a decision under the Family and Medical Leave Act of importance for employers. In Burnett v. LFW, Inc., Case No. 06-1013 (12/26/06), a janitor filed a claim…

HIPAA Privacy Notice Reminder

Authored by Mary Ellen Schill
Mary Ellen Schill
Attorney
Wausau Office
, April 11, 2007
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") requires certain group health plans to provide enrollees with a notice of privacy practices. The HIPAA Privacy Rule requires health plans remind individuals about this privacy…

DOL Says: Information Technology (IT) Support Specialist Should Be Non-exempt

Authored by Sara J. Ackermann
Sara J. Ackermann
Chair of Employment, Benefits & Labor Relations Practice Group
Attorney
Wausau Office
, January 26, 2007
On October 26, 2006, the U.S. Department of Labor issued an opinion letter regarding whether an Information (IT) Support Specialist qualified for exemption under the Fair Labor Standards Act. It found the position did not qualify.   The Duties of the…

Opportunity to Comment on Federal FMLA

December 14, 2006
The U.S. Department of Labor was expected to issue revised rules under the Federal Family and Medical Leave Act (FMLA) . However, in lieu of doing so, the DOL recently published a request for information on FMLA in the Federal Register. The notice…

FMLA Leave May Be Held Against Employee

December 7, 2006
A Judge in the U.S. District Court for the Eastern District of Virginia recently held that leave taken under the federal Family and Medical Leave Act may be held against an employee in determining whether the employee can perform his essential function of…

Charitable Giving Provisions for Individuals in the Pension Protection Act of 2006

October 19, 2006
The Pension Protection Act of 2006 contains important provisions designed to encourage charitable contributions by individuals. At the same time, Congress was concerned about reining in what it perceives as abuses of the charitable contribution deduction,…