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Seventh Circuit Court of Appeals – Super Human Resource Department?

Posted on October 9, 2017 by

The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers.  Recent court decisions have suggested that the Federal Court may be reconsidering that position.  There have been a number of employment law […]

EEOC Sues for Transgender Discrimination

Posted on October 6, 2017 by

Recent action by the Equal Employment Opportunity Commission has raised the specter of whether transgender persons are considered protected under the federal discrimination laws.  The EEOC has sued a company in Denver that allegedly discriminated against a transgender man who applied for a position as manager.  This case addresses the question whether a transgender person […]

Inspector General Audit Could Impact Skilled Nursing Facilities

Posted on September 12, 2017 by

Skilled nursing facilities (SNF) may see even more scrutiny from the Centers of Medicare and Medicaid Services (CMS) because of a recent audit conducted by the Office of Inspector General of the U.S. Department of Health and Human Services.  The audit looked into abuse and neglect of Medicare recipients residing in SNFs and the associated […]

Judge Strikes Down DOL’s Proposed Overtime Rule!

Posted on September 8, 2017 by

Finally, it appears we have closure on this saga that started over a year ago!  On August 31st, the same Texas federal district court judge who granted a preliminary injunction last November delaying the effective date of the Department of Labor’s new overtime rule, issued a final judgment invalidating the rule.  As you may recall, […]

Check Your Handbooks!!! UPS Settles Maximum Leave Policy Violations for $2 million.

Posted on August 9, 2017 by

The EEOC filed suit against UPS on behalf of approximately 90 current and former employees for multiple violations of the Americans with Disabilities Act (ADA).  The agency charged UPS with failing to properly accommodate employees with disabilities.  Most importantly, the EEOC alleged that UPS had a maximum leave policy that automatically terminated employees when they […]

IRS Encourages Self-Assessment to Identify Fringe Benefit Errors

Posted on August 3, 2017 by

As much as I love tax law, filling out another tax form isn’t high on my list of fun things to do.  So when the IRS issues a form that isn’t legally required to complete, should you?  If you are an employer that provides one or more fringe benefits to your employees, you may want […]

To Arbitrate or Not Arbitrate? House Weighs In on CFPB Arbitration Rule

Posted on August 2, 2017 by

Yesterday, the U.S. House of Representatives overwhelmingly passed House Joint Resolution 111 which would rescind the Consumer Financial Protection Bureau’s “Arbitration Rule”. Finalized on July 17, 2017, the Arbitration Rule places significant limitations on financial institutions’ ability to designate arbitration as the dispute resolution mechanism in its contracts with depositors and borrowers; additionally, the Rule […]

Wisconsin Court Re-affirms Employment At Will Principles

Posted on August 2, 2017 by

A recent decision from the Wisconsin Court of Appeals has upheld the concept of “employment-at-will” and determined that an employment-at-will provision in an employment contract superseded company policies that provided alternative procedures to be followed when investigating inappropriate conduct of an employee.  In a recent decision of the District IV Court of Appeals, the Court […]

Federal Court Reverses NLRB “Positive Work Environment” Handbook Decision

Posted on August 1, 2017 by

The National Labor Relations Board (NLRB) created controversy a couple of years ago when it ruled that handbook policies maintained by T-Mobile USA requiring employees to maintain a positive work environment were illegal because they could be seen as having a chilling effect on employees’ unionizing and collective bargaining rights.  Last week, the U.S. 5th […]

Eligibility for Overtime Pay – Redo?

Posted on August 1, 2017 by

Recent action taken by the Department of Labor has started to signal the likely “redo” of the Fair Labor Standards Act regulations regarding overtime pay and which employees are eligible for overtime pay.  The Department of Labor issued a Request for Information document that asks employers to respond to a series of questions on overtime […]