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Recent Non-Compete Court Decisions

Posted on January 25, 2008 by

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. Wisconsin Prosthetics & Orthotics, Inc., Appeal No. 2007AP805 (11/21/07).   In this matter, Wisconsin Prosthetics & […]

New FMLA Forms Issued by the Department of Labor

Posted on January 25, 2008 by

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 upper right hand corner), which now expires on September 30, 2010. Both forms are optional […]

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

Posted on January 17, 2008 by

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 perform the essential functions of the job desired or held.   In Rask v. Fresenius Medical Care of North America, Decision […]

FMLA Military Leave Entitlements – President Bush Vetoes Measure

Posted on January 4, 2008 by

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 weeks of unpaid leave to employees who are caring for wounded family members and 12 […]

Breaking News: EEOC Issues New Retiree Health Insurance Rule

Posted on January 2, 2008 by

The Equal Opportunity Commission (EEOC or Commission) enforces the Age Discrimination in Employment Act (ADEA), which prohibits age discrimination in all aspects of employment. The Commission has approved a rule that allows employers to coordinate health benefits they offer to retirees with Medicare (or comparable state health benefits) without violating the ADEA. The rule was […]

Reminder: Date Set for Use of New Form I-9

Posted on December 17, 2007 by

The U.S. Citizenship and Immigration Services (USCIS) announced that employers must transition to the revised Form I-9 no later than December 26, 2007. All employers are required to complete a Form I-9 for each employee hired in the United States. Employers who fail to use the revised form after December 26 will be subject to […]

The Case of the Stray Dog

Posted on December 3, 2007 by

In a recent case, Stevenson v. Hyre Electric Co., No. 06-3501 (7th Cir. Oct. 16, 2007), the Seventh Circuit Court of Appeals (whose jurisdiction encompasses Wisconsin) ruled that an employer may have had “constructive notice” of an employee’s need for leave under the federal Family and Medical Leave Act (FMLA) and should have extended an […]

OSHA Implements New Rules Regarding Payment of Personal Protective Equipment for Employees

Posted on November 30, 2007 by

Production and maintenance employees often need to wear protective equipment, including personal protective equipment, to be protected from injury, illness, and death caused by exposure to workplace hazards. Personal protective equipment includes many different types of protective equipment that an employee uses or wears, such as fall arrest systems, safety-toe shoes, and protective gloves. In […]

FMLA Military Leave

Posted on November 16, 2007 by

We previously advised you of a proposed federal bill that would have provided 26 weeks of job protected leave to certain caregivers for family members who were injured while on active military duty. This bill was attached to a larger bill that would have reauthorized an expanded children’s health insurance program. President Bush vetoed the […]

USCIS Issues new I-9 Form

Posted on November 12, 2007 by

On November 7, 2007, the U.S. Citizenship and Immigration Service (USCIS) issued a revised Form I-9 and revised Handbook for Employers regarding completion of this form. Under the Immigration Reform and Control Act of 1986 (IRCA), U.S. employers are required to document on Form I-9 that all citizen and non-citizen employees hired after November 6, […]