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Supreme Court Finds Employees Have Greater Protection Under Title VII’s Anti-Retaliation Provision

Posted on June 27, 2006 by

On June 22, 2006, the United States Supreme Court held that Title VII’s anti-retaliation provision is not limited to actions affecting employment terms and conditions, but can cover a much broader range of employer acts. Burlington Northern & Santa Fe Railway Co. v. White, No. 05-259 (2006). The Facts of the Case: Sheila White was […]

Proposed Rule Requires Employers Take Action Upon Receipt of “No-Match” Letter

Posted on June 22, 2006 by

The Department of Homeland Security (“DHS”) wants to eliminate unauthorized workers. To further its goal, on June 14, 2006 the DHS published proposed rules regarding what an employer must do when it receives a “no-match letter.” What is a “no-match letter?” Annually, employers send the Social Security Administration (“SSA”) millions of W-2 Forms in which […]

Livestock Siting Rules – ATCP 51

Posted on June 13, 2006 by

Background Livestock operations are poised to expand now that Wis. Admin. Code ATCP 51 will take effect after a long and highly visible rule-making process. Livestock operators have faced contentious and expensive local zoning and judicial review proceedings with unpredictable results that varied from locality to locality. Rep. David Ward, R-Jefferson, whose own family farm […]

Family and Medical Leave Act Matters – Eligibility for Leave

Posted on June 7, 2006 by

We thought the following matters pertaining to the federal Family and Medical Leave Act would be of interest to you.   I. Minard v. ITC Deltacom Communications, Inc., Case No. 04-30230 (5th Cir. Ct. App. 4/18/2006):   In this matter, an employee was to undergo surgery. The employer informed the employee she was eligible for […]

Wage and Hour Issues

Posted on June 7, 2006 by

We thought the following legal developments regarding wage and hour issues would be of interest.   I. Sehie v. City of Aurora, Case No. 04-2308 (U.S. Dis. Ct. of N. Dis. of Ill.):   In this case, the U.S. District Court for the Northern District of Illinois concluded that the time an employee spends attending […]

Court Requires Employer to Take Affirmative Action Regarding Pornography in Workplace

Posted on May 18, 2006 by

In Doe v. XYC Corporation, 887 A.2d 1156 (2005), a coworker notified management officials that an employee had been visiting pornographic sites. However, no action was taken. Some time later, several coworkers complained the same employee was again viewing pornography on his computer. Again, no action was taken. The following year, another coworker complained about […]

What You Need to Know About Notice and Opportunity to Repair Legislation

Posted on May 1, 2006 by

Homeowners file a complaint against you alleging that defects exist in their new home. The complaint is the first notice you have received from the disgruntled homeowners. You notify your insurance company, get the complaint to your attorney, and the time-consuming and expensive litigation process begins. Well, not so fast. In many states – perhaps […]

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 […]