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Department of Homeland Security Issues Final Regulation Regarding “Safe Harbor” Procedures for Employers Who Receive “No-Match” Letters”

Posted on September 6, 2007 by

On August 15, 2007, the Federal Register published the Department of Homeland Security’s final regulation outlining the safe harbor procedures for employers who receive no-match letters (i.e., name of employee/job applicant does not match listed social security number). The rule is effective September 14, 2007. The rule imposes certain safe harbor procedures for employers to […]

Senate Bill 165 – Wisconsin Fair Employment Act

Posted on August 28, 2007 by

The Wisconsin State Senate Labor Committee is hearing Senate Bill 165 on Tuesday, August 28, 2007, at 11:00 a.m. in Room 411 South of the State Capitol Building.   Senate Bill 165 creates unlimited compensatory and punitive damages for WFEA Claims. The bill permits the Wisconsin Department of Workforce Development (DWD) or a person who […]

Court Authorizes EEOC to Create Exemption Under ADEA

Posted on August 7, 2007 by

The Third Circuit Court of Appeals recently issued an opinion that supports the ability of employers to reduce or eliminate the health benefits payable to retirees who qualify for Medicare. The road leading to this decision began with the Third Circuit’s decision in Erie County Retirees Ass’n v. County of Erie. In that case, the […]

Employers Dealt Another Blow by Wisconsin Supreme Court

Posted on August 1, 2007 by

The Wisconsin Supreme Court recently issued a decision that will have a dramatic impact upon an employer’s obligation to provide reasonable accommodations for disabled employees.   We are providing a detailed analysis of this decision because it will be of vital importance to employers. The facts must be given in detail if there is to […]

Family Military Leave

Posted on July 26, 2007 by

A bill has been introduced in the Wisconsin legislature, Senate Bill 173, which amends Wisconsin’s Family and Medical Leave Act (FMLA) to include Family Military Leave. The Bill entitles an employee who is member of the United States Armed Forces, the National Guard of this state or any other state, or the state defense force […]

School Districts Should Prepare For IRS Contact Regarding Tax-Sheltered Annuity Plans

Posted on June 22, 2007 by

The IRS recently announced an expansion of the 403(b) Universal Availability project originally launched in June 2006 which involves sending questionnaires to public school districts throughout the U.S. in an effort to ensure compliance with the universal availability requirement for tax-sheltered annuities. If your school district has a tax-sheltered annuity (403(b) plan), it may receive […]

Termination During Healing Period Requires Renewed TTD Payment Under Worker’s Compensation Law

Posted on June 18, 2007 by

The Wisconsin Court of Appeals has ruled in favor of an employee’s claim for renewed workers’ compensation temporary total disability benefits (“TTD”) after he was fired for having violated a very important safety rule. The employee, Dennis Race, was an electrician for Emmpack Foods. Race suffered an on-the-job injury to his left hand. Race returned […]

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) […]