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DOL Opinion Expands FMLA Leave Rights

Posted on June 25, 2010 by

The Federal Family Medical Leave Act entitles an employee up to 12 weeks of leave for the birth or adoption of a son or daughter, or to care for a son or daughter with a serious health condition. The definition of a “son or daughter” includes not only a biological or adopted child, but also […]

U.S. Supreme Court Rules That a Two Member National Labor Relations Board Lacked Authority to Issue Decisions

Posted on June 18, 2010 by

On Thursday, June 17, 2010 the U.S. Supreme Court ruled that the National Labor Relations Board (NLRB) did not have authority to issue any decisions during the period January 1, 2008 through March 27, 2010. During that 27- month period, the NLRB operated with only two members. Normally, the NLRB is a five-member board. In […]

Follow Up: Wisconsin Goes Smoke-Free – Are You Ready?

Posted on June 7, 2010 by

We have had many inquiries with regard to the alert we issued late last week referencing Wisconsin s new smoke-free law titled Wisconsin Goes Smoke Free – Are You Ready?. In light of those inquiries, we are providing a copy of the newly revised statute that was created by 2009 Wisconsin Act 12. The statute […]

Plan/Prevent/Protect – The New Strategy to Enforce Compliance with Federal Employment Laws

Posted on May 21, 2010 by

On April 26, 2010, the Department of Labor (“DOL”) announced a new program to enforce compliance with federal employment laws. The program is one of President Obama’s initiatives. The program, entitled “Plan/Prevent/Protect,” will allow the DOL to leverage its limited resources by shifting the burden of proving compliance to the employer. While this program has […]

Mortgage Loan Officers Do Not Qualify as Exempt Employees Under the FLSA

Posted on April 23, 2010 by

The Fair Labor Standards Act (“FLSA”) requires the payment of overtime pay to employees who work more than forty (40) hours in a work week. However, certain employees are exempt from the overtime pay requirements, including executive, professional, and administrative employees. These exemptions are commonly known as “white collar” overtime pay exemptions. Although some employee […]

Mothers Have Legal Right to Express Milk at Work

Posted on April 20, 2010 by

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law. This Act contains a provision that requires employers to furnish “reasonable” breaks to mothers so they can express milk for infants under one year old. The law also requires covered employers to furnish a private space that is shielded […]

Employee Benefits Security Administration Issues Updated Model COBRA Notices

Posted on January 15, 2010 by

The Employee Benefits Security Administration (EBSA) has issued updated model COBRA notices to reflect the COBRA subsidy extension which was part of the Fiscal Year 2010 Department of Defense Appropriations Act. We issued a legal update on December 22, 2009 which summarized the extension and its effect on an employer’s obligations under the American Recovery […]

Is it Too Late to Put GINA Back in the Bottle??

Posted on January 14, 2010 by

The Genetic Information Nondiscrimination Act of 2008, affectionately known as “GINA,” is a big deal for employers and sponsors of group health plans. For those of you who have been busy with your day job, here are the answers to all of the questions you would have asked if you had the time… What is […]

Employees Owe Duty of Loyalty to Their Employer

Posted on January 12, 2010 by

Many states in the nation have adopted laws that address an employee’s duty of loyalty to his or her employer. Wisconsin courts have generally taken a restrictive view on such a duty. However, the courts have applied it to officers of a company and employees who hold positions that involve policy making. Recently, the Wisconsin […]

Employees Allowed 180-Days to File Title VII Claims

Posted on December 31, 2009 by

In Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074 (U.S. May 29, 2007), the U.S. Supreme Court ruled that for purposes of calculating an employee’s 180-day time limit for bringing a Title VII claim, the employer’s initial unlawful decision to set the employee’s pay, rather than each subsequent issuance of a paycheck based on […]