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Interactive Process is a Must

Posted on May 16, 2014 by

A recent decision from the Seventh Circuit Court of Appeals (which covers Wisconsin) again emphasized the absolute necessity that an employer engage in an interactive process with an employee claiming a disability before making any decision regarding accommodations or continued employment by the employee. In reviewing a lower court’s decision to grant summary judgment in […]

Mom’s Bucket List Request Leads to Lawsuit – Seventh Circuit Declares Daughter’s Care of Dying Mother During Trip to Vegas is FMLA Protected

Posted on May 16, 2014 by

Recently, the federal Court of Appeals for the Seventh Circuit (which covers Wisconsin), clarified that the FMLA applies when an employee requests leave so that she or he can provide physical and psychological care to a terminally ill parent while that parent is traveling away from home. In doing so, the Court disagreed with other […]

What Now? Is a Temporary Impairment Now Considered a Disability?

Posted on May 16, 2014 by

Employers have always been told that an employee that suffers a temporary impairment or injury does not qualify as a disabled employee under the Americans with Disabilities Act. For example, an employee falling out of a deer stand and breaking his leg would not be considered disabled for purposes of an accommodation requirement under the […]

Treasury Department Delays Employer Mandate for Small Employers; Lower Threshold for Avoiding Penalties

Posted on May 16, 2014 by

This afternoon the Treasury Department announced that employers with 50 or more full-time equivalent employees (FTEs), but less than 100 FTEs, will not have to comply with the employer mandate of the Affordable Care Act until 2016. The determination of whether an employer meets the small employer requirements for this purpose would be based on […]

25 Days or Less

Posted on May 16, 2014 by

The notion of 25 days or less is the new watch word for the National Labor Relations Board and the proposed rules on “quickie elections.” The NLRB has promulgated new rules that are subject to public comment which would expedite the union election process to be less than 25 days from the filing of a […]

Vote Now and be Excluded Later

Posted on May 16, 2014 by

Our recent blog talked about a proposed rule from the NLRB to establish new procedures for union elections. Known as the “quickie election” rule, it has been proposed by the NLRB for comment although there are strong indications that the rule will be adopted as proposed. One of the most significant aspects of the proposed […]

Turn Over the Voter List – You Have No Choice

Posted on May 16, 2014 by

We have written about the proposed “quickie election” rule being considered by the National Labor Relations Board which is designed to expedite a union election proceeding. Another element of the proposed Rule requires the employer to turn over a list of all individuals (names) that would be considered eligible to vote in the union election […]

Revisit Your Choice of Entity—Is Pass-Through Taxation Right For You?

Posted on May 16, 2014 by

Did you pay more tax on the income generated by your business or investments in 2013 than in years past? With the 2013 tax year in the books, we are getting our first look at the impacts of the American Taxpayer Relief Act of 2012 and the 3.8% net investment income tax enacted by the […]

Pom-poms and Circumstances: Professional Baseball Players’ and Cheerleaders’ March to the Courthouse – Provide Good Wage and Hour Reminder

Posted on May 15, 2014 by

Recently, the professional sports world has experienced a slew of wage and hour lawsuits, through which the stars on and off the field (well, maybe not off the field completely, but definitely on the sidelines) have claimed their larger-than-life employers failed to pay them the applicable minimum wages and overtime, as required under federal and […]

The Ultimate Bait and Switch? Female Job Applicant Who Claims She Was Forced to Perform Sexual Favors as Part of “Application Process” has no Title VII Claim Because the Job she was “Applying for” Did Not Exist.

Posted on May 15, 2014 by

The story begins when Phil Vanaria, an employee of Cook County’s Oak Forest Hospital learns from a friend that Krystal Wilson, an out-of-work massage therapist, was offering to perform massages at her home studio. Vanaria contacted Wilson regarding her services, and suggested there may be some positions open at the Hospital for which she would […]