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Legal Updates Archive

Published Before November 19, 2015

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.

Wisconsin Court of Appeals Finds Disappointed Bidders May Not Recover Lost Profits as Damages

October 4, 2006
On February 28, 2006, the Wisconsin Court of Appeals held that lost profit damages are not an available remedy to a disappointed bidder for a municipal road construction project. The court determined that a disappointed bidder may recoup lost profits by…

Wisconsin Employment Posters

September 7, 2006
At the end of August 2006, the State of Wisconsin, Department of Workforce Development, Equal Rights Division, issued updated employment law posters with current contact information for the Equal Rights Division. The Division has recommended that…

Employers Must Temporarily Tolerate Disability- Related Absences While Employee Seeks Medical Evaluation


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Authored by Sara J. Ackermann, August 8, 2006
In a recent decision, the Wisconsin Court of Appeals held that "temporarily tolerating" an employee's absences is required as a reasonable accommodation under the Wisconsin Fair Employment Act. Stoughton Trailers v. Labor and Industry Review Commission…

Supreme Court Finds Employees Have Greater Protection Under Title VIIs Anti-Retaliation Provision


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Authored by Sara J. Ackermann, June 27, 2006
On June 22, 2006, the United States Supreme Court held that Title VII's anti-retaliation provision is not limited to actions affecting employment terms and conditions, but can cover a much broader range of employer acts. Burlington Northern & Santa Fe…

Proposed Rule Requires Employers Take Action Upon Receipt of "No-Match" Letter


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Authored by Sara J. Ackermann, June 22, 2006
The Department of Homeland Security ("DHS") wants to eliminate unauthorized workers. To further its goal, on June 14, 2006 the DHS published proposed rules regarding what an employer must do when it receives a "no-match letter." What is a "no-match…

Livestock Siting Rules - ATCP 51


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Authored by Russell W. Wilson, June 13, 2006
Background Livestock operations are poised to expand now that Wis. Admin. Code ATCP 51 will take effect after a long and highly visible rule-making process. Livestock operators have faced contentious and expensive local zoning and judicial review…

Wage and Hour Issues

June 7, 2006
We thought the following legal developments regarding wage and hour issues would be of interest.   I. Sehie v. City of Aurora, Case No. 04-2308 (U.S. Dis. Ct. of N. Dis. of Ill.):   In this case, the U.S. District Court for the Northern District of…

Family and Medical Leave Act Matters - Eligibility for Leave

June 7, 2006
We thought the following matters pertaining to the federal Family and Medical Leave Act would be of interest to you.   I. Minard v. ITC Deltacom Communications, Inc., Case No. 04-30230 (5th Cir. Ct. App. 4/18/2006):   In this matter, an employee was…

Court Requires Employer to Take Affirmative Action Regarding Pornography in Workplace

May 18, 2006
In Doe v. XYC Corporation, 887 A.2d 1156 (2005), a coworker notified management officials that an employee had been visiting pornographic sites. However, no action was taken. Some time later, several coworkers complained the same employee was again…

What You Need to Know About Notice and Opportunity to Repair Legislation

May 1, 2006
Homeowners file a complaint against you alleging that defects exist in their new home. The complaint is the first notice you have received from the disgruntled homeowners. You notify your insurance company, get the complaint to your attorney, and the…