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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 […]

Supreme Court Finds Employees Have Greater Protection Under Title VII’s Anti-Retaliation Provision

Posted on June 27, 2006 by

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 Railway Co. v. White, No. 05-259 (2006). The Facts of the Case: Sheila White was […]

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

Posted on June 22, 2006 by

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 letter?” Annually, employers send the Social Security Administration (“SSA”) millions of W-2 Forms in which […]

Livestock Siting Rules – ATCP 51

Posted on June 13, 2006 by

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 proceedings with unpredictable results that varied from locality to locality. Rep. David Ward, R-Jefferson, whose own family farm […]

Family and Medical Leave Act Matters – Eligibility for Leave

Posted on June 7, 2006 by

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 to undergo surgery. The employer informed the employee she was eligible for […]

Wage and Hour Issues

Posted on June 7, 2006 by

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 Illinois concluded that the time an employee spends attending […]