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HIPAA Privacy Notice Reminder

Posted on April 11, 2007 by

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 notice no less frequently than every three years. A new notice may be sent to all enrollees, but HIPAA […]

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

Posted on January 26, 2007 by

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 Position: The employer had described the duties of the position as follows:   55% […]

Opportunity to Comment on Federal FMLA

Posted on December 14, 2006 by

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 provides a (60) day comment period ending on February 2, 2007. Employers […]

FMLA Leave May Be Held Against Employee

Posted on December 7, 2006 by

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 attendance for purposes of an Americans with Disabilities Act claim. Payne v. […]

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

Posted on October 19, 2006 by

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, so the Pension Act contains a number of restrictions on your ability to obtain a deduction for donations of […]

WI Court of Appeals Overturns LIRC: Employee’s Off-Duty Use of Alcohol That Violated Last Chance Agreement Constitutes “Misconduct”

Posted on October 11, 2006 by

On September 26, 2006, the Wisconsin Court of Appeals overturned the Labor and Industry Review Commission in deciding that an employee’s violation of a last chance agreement was sufficient to warrant a denial of unemployment benefits. Patrick Cudahy, Inc., v. Daryl Cross, 2005AP2074 (Wis. Ct. App. Sept. 26, 2006.) Facts of the Case: Daryl Cross […]

NLRB Issues Guidelines for Determining Who is a “Supervisor”

Posted on October 10, 2006 by

The issue of what duties and responsibilities an individual must perform in order to be considered a “supervisor” as defined by the National Labor Relations Act (the “Act”) has been in a state of flux for several years. In 2001, the U.S. Supreme Court criticized the Board’s interpretation of the section of the National Labor […]

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

Posted on October 4, 2006 by

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 properly enjoining a municipality from awarding a contract to another bidder and either recovering […]

Wisconsin Employment Posters

Posted on September 7, 2006 by

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 Wisconsin employers post the updated posters with the new information in their work place. You may have been contacted […]

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

Posted on August 8, 2006 by

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 and Geen, (Wis. Ct. App. July 27, 2006). Unfortunately, the court’s decision is troubling news for Wisconsin employers already […]