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Federal Minimum Wage to Increase to $7.25 by 2009

Posted on May 30, 2007 by

Known as the “Fair Minimum Wage Act of 2007,” a new law will amend the Fair Labor Standards Act (FLSA) to raise the federal minimum wage to $5.85 an hour 60 days after enactment, to $6.55 an hour one year later, and then to $7.25 an hour in 2009. This will result in a 41% […]

Employee Only Needs to Inform Employer of Probable Need for FMLA

Posted on May 24, 2007 by

The Seventh Circuit Court of Appeals, whose jurisdiction encompasses Wisconsin, recently issued a decision under the Family and Medical Leave Act of importance for employers. In Burnett v. LFW, Inc., Case No. 06-1013 (12/26/06), a janitor filed a claim against his former employer, the Habitat Company, alleging the employer had violated the federal Family and […]

The Twelve Months That an Employee Must Be Employed to Qualify for Federal FMLA Need Not Be Consecutive

Posted on May 24, 2007 by

For purposes of the federal Family and Medical Leave Act (FMLA), an employee must have been employed by his or her employer for at least 12 months and worked at least 1,250 hours in the last 12-month period to be eligible for FMLA leave. A federal Department of Labor (DOL) regulation (29 C.F.R. 825.110 (a)(1) […]

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 […]