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OSHA Pulls Back on Electronic Reporting Rule

Posted on February 1, 2019 by

The Occupational Safety and Health Administration (OSHA) has partly pulled back on its controversial requirement that certain employers electronically file injury and illness data with OSHA.  Last week, OSHA announced that employers with 250 or more employees no longer need to electronically submit information from their OSHA 300 forms (the Log of Work-Related Injuries and […]

Increased Gasoline Prices Lead to Increase in Optional Standard Mileage Rates for 2019

Posted on December 14, 2018 by

The Internal Revenue Service has announced the optional standard mileage rates for computing the deductible cost of operating an automobile for business, medical, and moving expenses for 2019, and the increased rates reflect the increase in the fixed and variable costs of operating a vehicle.  Effective January 1, 2019, the optional standard mileage rates will […]

October OSHA News in Brief – New Interpretation on Drug Testing and Safety Incentives, Targeting Employers Using Form 300A Data, and Limiting Inspection Warrants

Posted on November 6, 2018 by

Three related developments on the OSHA front in October have implications for employers.  First, OSHA has walked back its previous interpretation of the anti-retaliation rule it implemented in 2016.  That rule prohibits employers from retaliating against employees for or discouraging them from reporting on-the-job injuries and illnesses.  OSHA had interpreted the rule, controversially, as prohibiting […]

2019 Qualified Plan Cost of Living Increases, 2019 Social Security Taxable Wage Base

Posted on November 2, 2018 by

On November 1, 2018 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. The vast majority of the limits shown below have increased from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2018-$18,500 2019-$19,000 $200,000 compensation limit 2018-$275,000 2019-$280,000 $160,000 defined benefit limit 2018-$220,000 […]

Attendance at Work May Not Be An Essential Function of a Job

Posted on July 25, 2018 by

There have been a lot of court cases over the years that have acknowledged that attendance at work is a critical (and logical) essential function of someone’s job.  A recent decision by the Sixth Circuit Court of Appeals has raised a caution about this conclusion.  In its decision, the Court of Appeals reversed a summary […]

Employee Use of Company E-mail May be Protected from Company View

Posted on July 25, 2018 by

Companies have always taken the position that an employee’s use of company e-mail is not private, and can be accessed and reviewed by the company at any time.  There have been a large number of court cases, which have held that a company that has issued a policy, stating that private use of company e-mail […]

Recent Decisions Support Requirements for Working Extra Hours

Posted on July 2, 2018 by

Several recent federal court decisions have reaffirmed the right of an employer to require an employee to work extra hours or rotating hours of work as a part of the normal duties of a position provided there is legitimate reason for such requirement.  In two cases, the federal courts have acknowledged that overtime can be […]

Yes, Employees Can Be Required to Behave Civilly and Reasonably

Posted on June 21, 2018 by

The National Labor Relations Board (NLRB) is continuing to expand on its newfound flexibility toward employee handbook rules.  The NLRB’s General Counsel, Peter Robb, recently issued a memo defining in greater detail which types of handbook rules are acceptable and which will merit greater scrutiny.  Significantly, the memo instructs NLRB regional offices that ambiguities in […]

2019 HSA Contribution Limits Are Announced

Posted on June 1, 2018 by

If it seems like the IRS just announced the 2018 limits, you are not mistaken.  Just over a month ago the IRS declared a do over for the 2018 limits, see The IRS Says Never Mind – You Can Have Your Higher HSA Limit!  With the arrival of 90 degree temperatures in Wisconsin, it is […]

“Ban the Box” Legislation Expands – What should Employers Do?

Posted on May 21, 2018 by

We have seen a recent expansion of “Ban the Box Legislation” which prevents employers from asking information about the arrest or conviction record of an applicant for a position.  Some legislation prevents employers from conducting criminal background checks on applicants until a final selection has been made and a final candidate is being considered.  Wisconsin […]