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Poorly Drafted Nonsolicitation Agreement Ruled Unenforceable

Posted on March 21, 2005 by

A recent Wisconsin Court of Appeals decision involved the interpretation of a nonsolicitation clause contained in an employment agreement between an employer and four former employees. In The Hayes Benefit Group of Wisconsin, LLC v. Palmer and Cay of Wisconsin, the District Court held that the nonsolicitation language contained in the agreement was overly broad […]

Arbitrators May Have Ability to Award Punitive Damages Unless Limited by Arbitration Agreement

Posted on March 21, 2005 by

In Winkelman v. Kraft Foods, Inc., John Winkelman sued to terminate a contract he signed with the Defendant Kraft Foods, Inc. As a condition of entering the contract, a representative from Kraft indicated to Winkelman if milk prices fluctuated, Winkelman would be able terminate the contract by giving Kraft a one-month notice. The contract between […]

Employers Do Not Have Duty to Predict Future Economic Conditions of Company

Posted on March 21, 2005 by

When is an employer guilty of misrepresentation when recruiting employees? In Bellon v. Ripon College, Christina Bellon sued her former employer, Ripon College, for misrepresentation to induce employment. At the District Court level, Ripon College prevailed. The Court of Appeals ruled in favor of Ripon College, and held that an employer is not required to […]

Mergers and Acquisitions Affected By Amended Thresholds Under Hart-Scott-Rodino Act Effective March 2, 2005

Posted on February 28, 2005 by

A recent rulemaking announced by the Federal Trade Commission has amended the various filing thresholds for parties engaged in merger and acquisition activity subject to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”), effective as of March 2, 2005. These filing thresholds are being amended as required by statute based upon increases in the United […]

Sundance Rehabilitation Corporation v. EEOC

Posted on August 26, 2004 by

The above decision was issued by the United States District Court, Northern District of Ohio, Eastern Division on July 26, 2004. The decision pertains to the enforceability of a general release of all claims that includes a provision that states that the individual will not file a claim with an administrative agency, such as the […]

State of Wisconsin Will Not Follow New Federal “White Collar” Rules Issued by the Department of Labor

Posted on August 10, 2004 by

In late April of 2004, the U.S. Department of Labor (DOL) issued final revisions to its new regulations pertaining to the “white collar” overtime pay exemptions under the Fair Labor Standard Act (FLSA). The white collar exemptions apply to executive, administrative, professional, computer and outside sales employees. The new regulations redefine the criteria used to […]

Important WFEA Development – Wisconsin Supreme Court Decides Hutchinson Technology Case

Posted on July 13, 2004 by

On June 30, 2004, the Wisconsin Supreme Court upheld a decision issued by the Labor and Industry Review Commission, holding an employer violated the Wisconsin Fair Employment Act (WFEA) by failing to reasonably accommodate a disabled employee or showing that doing so would impose a hardship on the employer. Hutchinson Technology, Inc. v. Labor and […]

Jobs and Growth Tax Relief Reconciliation Act of 2003

Posted on May 30, 2003 by

On May 28, 2003, President Bush signed the Jobs and Growth Tax Relief Reconciliation Act of 2003 (the “Act”). The Act provides a tax cut package of $350 billion and contains no provisions for raising revenue. Outlined below are several key provisions for investors and businesses. Reduction in Ordinary Income Tax Rates for Individuals. The […]

Managing Environmental Impairment

Posted on April 10, 2003 by

Environmental issues permeate commercial and industrial real estate development and acquisition of businesses. In addition to traditional contractual mechanisms to allocate the risk of environmental liability, there are a variety of statutory protections to encourage Brownfield redevelopment. This outline will describe mechanisms available to the stakeholders in commercial and industrial development. I. LOCAL GOVERNMENTAL UNIT […]

New Burden Placed on Employers to Disprove Discrimination

Posted on September 1, 2001 by

Last year, the United States Supreme Court increased the burden on employers to disprove claims of discrimination. In a case known as the Reeves decision, the Supreme Court, for the first time, allowed a jury to find that discrimination had occurred based on “inferences” of discrimination rather than on direct evidence of discrimination. In other […]