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Permanent and Total Disability Award – The Importance of Light Duty Work

Posted on October 24, 2007 by

A recent decision reached by the Wisconsin Court of Appeals has highlighted the serious risk of permanent and total disability of worker’s compensation awards to older workers and the importance of light duty work. Thomas J. Gutoski, a high school graduate, spent his entire employment life working for one employer, Kohler Company. Over the years […]

Are You Prepared for E-mail Discovery?

Posted on October 2, 2007 by

During the discovery period of litigation, one side digs for information from its opponent by asking written questions, submitting requests for documents, and conducting face-to-face interviews (i.e., depositions). Attorneys are bound by ethics and the law to turn over the requested information, even if it is incriminating or harmful to their case. In modern litigation, […]

EEOC Challenges Terms of Severance Agreements

Posted on September 19, 2007 by

It’s a little known fact: employees are terminated every day. Many employers present employees that are about to be terminated with a severance agreement. The severance agreement will usually provide the employee with compensation beyond what the employee would normally be entitled to in return for a release of all claims. By the release of […]

Limited 409A Relief! IRS Delays Plan Document Compliance Deadline One Year

Posted on September 11, 2007 by

Late yesterday the IRS issued Notice 2007-78 in response to employer requests for an extension of the deadline to bring nonqualified deferred compensation plans into compliance with the final regulations under Code Section 409A (issued April 10, 2007). The final regulations are effective January 1, 2008, and plan documents until yesterday must have been made […]

Update – Final Regulation Regarding “Safe Harbor” Procedures for Employers Who Receive “No-Match” Letter

Posted on September 11, 2007 by

“No-match” letters are sent to employers by the Social Security Administration when social security numbers submitted for workers do not match the data in the government’s files. The reason may be that workers are undocumented and using fake or “borrowed” social security numbers. However, a misspelled name, an unreported change of surname due to a […]

New EEO-1 Deadline Fast Approaching

Posted on September 7, 2007 by

The federal EEO-1 report requires employers with 100 or more workers, federal contractors with 50 or more workers and $50,000 or more in federal business, and some financial organizations (e.g., banks), regardless of size, to annually report the racial and ethnic composition of their workforce. The data is used to assess diversity in the American […]

Department of Homeland Security Issues Final Regulation Regarding “Safe Harbor” Procedures for Employers Who Receive “No-Match” Letters”

Posted on September 6, 2007 by

On August 15, 2007, the Federal Register published the Department of Homeland Security’s final regulation outlining the safe harbor procedures for employers who receive no-match letters (i.e., name of employee/job applicant does not match listed social security number). The rule is effective September 14, 2007. The rule imposes certain safe harbor procedures for employers to […]

Senate Bill 165 – Wisconsin Fair Employment Act

Posted on August 28, 2007 by

The Wisconsin State Senate Labor Committee is hearing Senate Bill 165 on Tuesday, August 28, 2007, at 11:00 a.m. in Room 411 South of the State Capitol Building.   Senate Bill 165 creates unlimited compensatory and punitive damages for WFEA Claims. The bill permits the Wisconsin Department of Workforce Development (DWD) or a person who […]

Court Authorizes EEOC to Create Exemption Under ADEA

Posted on August 7, 2007 by

The Third Circuit Court of Appeals recently issued an opinion that supports the ability of employers to reduce or eliminate the health benefits payable to retirees who qualify for Medicare. The road leading to this decision began with the Third Circuit’s decision in Erie County Retirees Ass’n v. County of Erie. In that case, the […]

Employers Dealt Another Blow by Wisconsin Supreme Court

Posted on August 1, 2007 by

The Wisconsin Supreme Court recently issued a decision that will have a dramatic impact upon an employer’s obligation to provide reasonable accommodations for disabled employees.   We are providing a detailed analysis of this decision because it will be of vital importance to employers. The facts must be given in detail if there is to […]