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Please Click HerePosted on February 26, 2008 by Ruder Ware Alumni
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 […]
Posted on February 12, 2008 by Ruder Ware Alumni
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 […]
Posted on January 30, 2008 by Ruder Ware Alumni
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 […]
Posted on January 30, 2008 by Ruder Ware Alumni
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 […]
Posted on January 25, 2008 by Ruder Ware Alumni
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 & […]
Posted on January 25, 2008 by Ruder Ware Alumni
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 […]
Posted on January 17, 2008 by Ruder Ware Alumni
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 […]
Posted on January 4, 2008 by Ruder Ware Alumni
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 […]
Posted on January 2, 2008 by Ruder Ware Alumni
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 […]
Posted on December 17, 2007 by Sara J. Ackermann
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 […]