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Legal Updates Archive

Published Before January 21, 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.

New Department of Labor Military Leave Posting Requirement

March 24, 2005
On March 10,2005 the Department of Labor issued a new regulation that requires employers to post a notice describing an employee's rights, benefits and obligations under the Uniformed Services Employment and Re-employment Rights Act or "USERRA." USSERRA…

Employer Must Give 60 Days Notice Where Layoff is Reasonably Foreseeable

March 24, 2005
The WARN Act requires that an employer give 60 days notice to employees before laying them off. An exception to this rule is where the business faces "unforeseen business circumstances." A business circumstance may be reasonably unforeseeable if it was…

Employer Violates NLRA by Attempting to Defeat Union Election by Promise of Improved Benefits

March 24, 2005
In NLRB and Graphic Communication Union v. Curwood, Inc., the employer, Curwood, was alleged to have violated the NLRA when it attempted to counter a union campaign by promising improvements in its pension benefits to employees in the voting unit. As a…

Poorly Drafted Nonsolicitation Agreement Ruled Unenforceable

March 21, 2005
A recent Wisconsin Court of Appeals decision involved the interpretation of a nonsolicitation clause contained in an employment agreement between an employer and four former employees. In The Hayes Benefit Group of Wisconsin, LLC v. Palmer and Cay of…

Court of Appeals Provides Guidance on Protecting Company Trade Secret/Confidential Information

March 21, 2005
In Burbank Grease Services, LLC v. Larry Sokolowski, the Defendant, Larry Sokolowski, was a former sales executive of Plaintiff Burbank Grease Services, LLC. Burbank is in the business of collecting and processing used restaurant fry grease, trap grease,…

Employers Do Not Have Duty to Predict Future Economic Conditions of Company

March 21, 2005
When is an employer guilty of misrepresentation when recruiting employees? In Bellon v. Ripon College, Christina Bellon sued her former employer, Ripon College, for misrepresentation to induce employment. At the District Court level, Ripon College…

Arbitrators May Have Ability to Award Punitive Damages Unless Limited by Arbitration Agreement

March 21, 2005
In Winkelman v. Kraft Foods, Inc., John Winkelman sued to terminate a contract he signed with the Defendant Kraft Foods, Inc. As a condition of entering the contract, a representative from Kraft indicated to Winkelman if milk prices fluctuated, Winkelman…

Mergers and Acquisitions Affected By Amended Thresholds Under Hart-Scott-Rodino Act Effective March 2, 2005

Authored by Steven P. Lipowski
Steven P. Lipowski
Chair of Business Transactions Practice Group
Attorney
Wausau Office
, February 28, 2005
A recent rulemaking announced by the Federal Trade Commission has amended the various filing thresholds for parties engaged in merger and acquisition activity subject to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR"), effective as of…

Sundance Rehabilitation Corporation v. EEOC

August 26, 2004
The above decision was issued by the United States District Court, Northern District of Ohio, Eastern Division on July 26, 2004. The decision pertains to the enforceability of a general release of all claims that includes a provision that states that the…

State of Wisconsin Will Not Follow New Federal White Collar Rules Issued by the Department of Labor

August 10, 2004
In late April of 2004, the U.S. Department of Labor (DOL) issued final revisions to its new regulations pertaining to the "white collar" overtime pay exemptions under the Fair Labor Standard Act (FLSA). The white collar exemptions apply to executive,…