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Senate Bill 165/Assembly Bill 310 – Cause of Action in Court and Punitive Damages for Wisconsin Fair Employment Act Cases

Posted on February 26, 2008 by

We wish to alert you to the following pending Wisconsin legislation. I. BACKGROUND. A federal law, Title VII of the U.S. Code (Title VII), permits discrimination claims to be brought in federal court. Under Title VII, punitive damages can be awarded against an employer in some circumstances. Small Wisconsin employers (under 15 employees) are not […]

Proposed FMLA Regulations Clarify Covered Conditions, Certification

Posted on February 12, 2008 by

The U.S. Department of Labor finally published the long-awaited proposed revisions to the federal FMLA regulations in the Federal Register on February 11, 2008. The proposed regulations are not yet law.   The regulations are intended to improve communication between employees, employers, and healthcare providers.   Among other things, the proposed revisions address:   Medical […]

Breaking News! President Bush Signs Law Extending Leave to Families of Military Service Members

Posted on January 30, 2008 by

It is now law! On Monday, January 28, 2008, President Bush signed the National Defense Authorization Act into law. Section 585 of this Act adds two new qualified events under the federal Family and Medical Leave Act (FMLA) that extend the FMLA leaves to include employees caring for injured service members and family members who […]

OSHA 300-A Posting Deadline

Posted on January 30, 2008 by

Beginning February 1 of each year, covered employers with 10 or more employees must post the OSHA-required Form 300A, which summarizes an employer’s reportable injuries and illnesses for the prior year. The Form 300-A posting period is February 1 – April 30. An employer subject to this requirement must post the OSHA Form 300-A even […]

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 […]