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Sticks and Stones Can Break My Bones But Words Will Never Hurt Me….Unless I Work in California!

Posted on May 1, 2015 by

A California law that recently took effect requires company supervisors to undergo anti-bullying training. Mandated training is nothing new for California employers. Since 2005, California has required employers with 50 or more employees to conduct sexual harassment training of supervisors within 6 months of assuming a supervisory position and biennially thereafter. However, the new law […]

What Keeps Me up at Night About the Affordable Care Act?

Posted on April 29, 2015 by

Expert? Guru? While I’d like to think that I merit those descriptions when it relates to the Affordable Care Act, I know for a fact that there is a lot about the ACA that, as they say, “keeps me up at night.” The practice of law is just that, practice, and practicing in the area […]

Must Companies “Ban the Box” in Wisconsin?

Posted on April 29, 2015 by

“Ban the box” legislation has become popular throughout the country. Fifteen states and a number of local jurisdictions have adopted legislation that involves arrest and conviction record discrimination and specifically “bans the box” that must be checked on an employment application if an applicant has been arrested or convicted of a crime. Many employers have […]

What You Do During A Meal Break May Mean More Pay

Posted on April 29, 2015 by

A recent decision from the Sixth Circuit Court of Appeals addressed whether employees performing certain activities during a meal break must be compensated in the form of pay for that work. Fortunately, the Court of Appeals held in favor of the employer when security guards were asking for pay while on a meal break because […]

Wisconsin Court of Appeals Allows “Stacking” for Revision Prosthetic Procedures

Posted on April 29, 2015 by

The Wisconsin Court of Appeals issued its decision on February 4 in a consolidated appeal that allows permanent partial disability benefits to be “stacked” where revision prosthetic surgical procedures were necessary. The effect of the ruling is to double permanent partial disability benefits. Three workers had prostheses resulting from compensable industrial injuries: John Blasius had […]

A Quick Fix to the Quickie Election Rules?

Posted on April 29, 2015 by

The United States Chamber of Commerce and several trade associations have filed a motion for summary judgment in a federal court in Washington D.C. seeking to overturn the “quickie election” rules recently adopted by the National Labor Relations Board. These rules are scheduled to go into effect on April 14 and are designed to create […]

Retaliation Claims are at the Top

Posted on April 29, 2015 by

A recent report issued by the Equal Employment Opportunity Commission shows that retaliation claims are the largest number of claims that are brought to the EEOC for consideration. Sex discrimination claims rank second and disability discrimination claims rank third, but for the second year, retaliation claims are the most prevalent claims that are brought to […]

Court Decision Leaves Bad Taste in Mouth of Restaurant Company: Found Liable for Predecessor Company’s Workplace Retaliation

Posted on April 29, 2015 by

We’ve all heard of the concept of “paying for the sins of our ancestors.” Well, in that same vein, the federal Seventh Circuit Court of Appeals [which presides over Wisconsin employers] recently concluded that a Wisconsin restaurant company is liable for its predecessor’s past act of workplace reprisal, in response to an employee’s complaint concerning […]

U.S. Supreme Court will Answer the Question of Who Must Give Notice of an Accommodation

Posted on April 29, 2015 by

Yesterday, the United States Supreme Court heard oral argument in a religious discrimination case that asks the question whether an employee/applicant needs to request an accommodation of religious beliefs in order for an employer to be required to consider an accommodation. In this case, an applicant for a position with Abercrombie Fitch Stores, Inc. appeared […]

“Waters of the United States”: Something More Than Actually Navigable Waters

Posted on April 29, 2015 by

The joint initiative of the United States Environmental Protection Agency (“EPA”) and the United States Army Corps of Engineers (“Corps”) to define the “waters of the United States” is the result of three U.S. Supreme Court cases that develop the “significant nexus” test of jurisdiction under the Clean Water Act (“CWA”). This article discusses the […]