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2005 Wisconsin Act 86 — Changes to Unemployment Compensation Law

Posted on March 28, 2006 by

A new state law, 2005 Wisconsin Act 86, made various changes to the unemployment insurance provision of the state statutes. The changes became effective January 1, 2006. The new law increased the weekly benefit rates for eligible individuals. A second rate increase will take effect on January 1, 2007. The weekly rates had not been […]

Wal-Mart Wisconsin Employees Fail in Effort to Certify Class Action for Unpaid Meal and Rest Breaks

Posted on March 28, 2006 by

Recently, the Wisconsin Court of Appeals decided that Wisconsin will not be a state where Wal-Mart employees can litigate whether they were properly paid for meal and rest breaks. Hermanson, et al v. Wal-Mart Stores, Inc., 2001 CV8080 (Feb 21, 2006.)   The complaint sought class action certification for tens of thousands of current and […]

USERRA Regulation Update

Posted on February 21, 2006 by

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. 4301-4333 was enacted by Congress to protect the rights of persons who leave employment positions to undertake military services. The Department of Labor recently issued final regulations interpreting USERRA that went into effect on January 18, 2006. 20 CFR Part 1002.210. The […]

Employer’s Policies May Have Violated FMLA

Posted on February 14, 2006 by

I. One Hour Advance Notice Policy.   Many employers have adopted policies stating employees must provide a certain amount of advance notice if they will not be reporting for work. For example, an employer may require an employee to call-in and provide the employer with at least one hour of notice that the employee will […]

Are you in Compliance With the Affirmative Action Plan Requirements?

Posted on February 7, 2006 by

By federal law, certain employers are required to develop and maintain an affirmative action plan (AAP). The central premise underlying an AAP is that an employer’s workforce should reflect the gender, racial, and ethnic profile of the labor pools from which the employer recruits and selects. An AAP targets problem areas in the employer’s workforce, […]

Supreme Court Rules In “Donning and Doffing” Cases

Posted on November 11, 2005 by

On November 8, 2005, the United States Supreme Court unanimously held that the time employees spend walking to and from the production floor after putting on (“donning”) unique protective clothing [1] and gear and before taking off (“doffing”) such gear, as well as time spent waiting to take off such gear, is compensable under the […]

Szleszinski v. LIRC, 2005 Wisc. App. 832

Posted on October 31, 2005 by

In a recent case, the Wisconsin Court of Appeals found that an employer violated the Wisconsin Fair Employment Act (“WFEA”) when it terminated an employee without sufficient evidence to support the “valid safety” defense. The plaintiff, Leon Szleszinski, was a truck driver who had been previously diagnosed with Wilson’s disease. Wilson’s disease is a disorder […]

Finally – OFCCP Issues Final Rule on Internet Applicants for Federal Contractors!

Posted on October 24, 2005 by

The Office of Federal Contract Compliance Programs (“OFCCP”) has issued its final regulations regarding recordkeeping requirements for Internet applicants. Federal Register, Vol. 70, No. 194 (Oct. 7, 2005). The following is an outline of the new regulations. If you have questions or concerns about how these new regulations affect your current recordkeeping practices, please contact […]

Seventh Circuit Affirms $175,000.00 Award for Emotional Distress in Title VII Claim Despite Employee’s Lack of Medical Evidence

Posted on September 22, 2005 by

On September 7, 2005, the United States Court of Appeals for the Seventh Circuit affirmed a district court decision that had awarded $175,000 to a Hispanic woman who claimed she was wrongfully denied a promotion by the City of Chicago. Deloughery v. City of Chicago, No. 02 C 2722 (7th Cir. Sept. 7, 2005). Delores […]

Wisconsin Labor and Industry Review Commission Rejects Faragher/Ellerth Defense

Posted on June 9, 2005 by

In a recent decision, the Wisconsin Labor and Industry Review Commission (LIRC) expressly rejected the Faragher/Ellerth defense that the Supreme Court articulated for employers in its infamous 1998 decisions.   In Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), the United States Supreme […]