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Employers Should Take Required FMLA Notices Seriously – But All Hope is Not Lost if Mistakes are Made

Posted on May 14, 2014 by

When an employee requests a leave of absence that may be for an FMLA-qualifying reason, his or her employer is required to provide notice to the employee of eligibility for leave under the FMLA (as most employers are aware, the Department of Labor has created a handy-dandy form to accomplish this purpose WH 381). The […]

No More Friend Me or You’re Fired: Walker Signs Bill to Regulate Employer Access to Employee Social Media Sites

Posted on April 11, 2014 by

On April 8, Gov. Scott Walker signed the Wisconsin Social Media Protection Act. Prudent Wisconsin employers should make sure to understand how this law affects both workplace and recruiting practices. With some exceptions, the Wisconsin Social Media Protection Act prohibits employers from requesting that employees provide passwords for (or any access to) an employee’s personal […]

Clothing Optional? The US Supreme Court Rules Employers Need Not Pay Workers for Time Spent Putting On/Taking Off Protective Gear

Posted on January 27, 2014 by

Today the United States Supreme Court held that time spent “donning and doffing” protective clothing is not compensable under the Fair Labor Standards Act. In Sandifer v. United States Steel Corp, Sandifer and other steelworkers filed a putative collective action under the Fair Labor Standards Act (the Act), seeking back pay for time spent donning […]

Wisconsin Court of Appeals Upholds Worker’s Compensation Safety Violation Penalty

Posted on October 31, 2013 by

The maximum penalty imposed on employers for safety violations in worker’s compensation is $15,000. Seldom does a safety violation case make its way through a hearing before an administrative law judge, to appeal to the Labor and Industry Review commission, to a circuit court appeal, and then finally to the Wisconsin Court of Appeals. The […]

Attention Employers! New I-9 Form Required by May 7, 2013

Posted on May 7, 2013 by

On March 8, 2013, the U.S. Citizen and Immigration Services division of the Department of Homeland Security released a new I-9 Form. Here is a list of frequently asked questions regarding the new form: When do we need to start using the new form? The USCIS recommends that employers start using the new form immediately. […]

U.S. Supreme Court Decides Important Self-Insured ERISA Plan Reimbursement Case

Posted on April 19, 2013 by

Plan administrators and sponsors of self-insured group health plans under the Employee Retirement Income Security Act of 1974 (“ERISA”) should be aware of a case decided by the U.S. Supreme Court on April 16, 2013, US Airways, Inc. v. McCutcheon. The facts that gave rise to the lawsuit are typical. A participant in a self-insured […]

FMLA Spring Cleaning: Toss That Old FMLA Poster and Post the New One by March 8!

Posted on February 27, 2013 by

By March 8, 2013, employers covered under the federal Family Medical Leave Act (those with 50 or more employees) must display the Department of Labor’s new version of the Employee Rights and Responsibilities Under the Family and Medical Leave Act poster. Where can I get the new poster? A copy is available via download from […]

NLRB’s “Quickie Election” Rule Struck Down by District Court

Posted on May 16, 2012 by

On Monday, May 14, 2012, the United States District Court for the District of Columbia struck down the National Labor Relations Board’s published rule implementing “quickie elections.” As we discussed in January (blog post link), the “quickie election” provisions were designed to make union avoidance a more challenging proposition for private-sector employers. The recent decision […]

NLRB Postpones Implementation of Notice-Posting Rule

Posted on April 20, 2012 by

On Tuesday, April 17, the National Labor Relations Board (NLRB) issued a press release stating that in light of the strong interest in the uniform implementation and administration of agency rules, its regional offices will not implement the controversial notice-posting rule pending the resolution of a federal court case. (For more background information regarding the […]

President Obama Recess Appoints Three to Quorum-less NLRB

Posted on January 9, 2012 by

On January 5, 2012, President Barack Obama recess appointed Sharon Block (D), Terence Flynn (R) and Richard Griffin (D) to the National Labor Relations Board (“Board”), restoring the Board to its full, five-member complement. Block, Flynn and Griffin join existing member Hayes and Chairman Pearce, after member Becker’s appointment expired at the end of 2011. […]