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Federal Family and Medical Leave Act Issues

Posted on April 17, 2006 by

I. Meaning of “Care” for FMLA Purposes.   In Tellis v. Alaska Airlines, Inc., 414 F.3d 1045 (9th Cir. 2005), the Ninth Circuit Court of Appeals recently considered what kind of “care” is required to qualify an employee for leave to care for a family member under the federal Family and Medical Leave Act (FMLA). […]

Wage and Hour Trends

Posted on April 17, 2006 by

I. Wage/Hour Claims. The number of minimum wage and overtime pay lawsuits filed under the Fair Labor Standards Act (FLSA) has increased sharply in recent years. After consistently being between 1,000 and 2,000 a year during the 1990s, the number of lawsuits has risen steadily since 2000. By 2004, the annual number of filings has […]

Recent Court Decision Regarding Calculating Overtime Pay

Posted on April 6, 2006 by

The Fair Labor Standards Act (FLSA) requires employers to pay overtime pay to non-exempt employees who work more than a specified number of hours during the work week. The FLSA does not limit the number of hours that an employee may work, either daily or weekly. It simply requires that overtime pay must be paid […]

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 […]