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Paying Overtime to Managers in 2015?

Posted on May 4, 2015 by

We are anticipating the Department of Labor will propose new regulations governing the payment of overtime to employees under the Fair Labor Standards Act. These new regulations, originally promised in November of 2014, will likely change the tests for determining whether or not an employee is exempt from the overtime pay requirements. The result of […]

EEOC Gains Upper Hand in Biometric Time Clock Religious Discrimination Case

Posted on May 1, 2015 by

Let’s face it, not all employees are saints—unfortunately, there will always be that one employee who brazenly decides to color outside of the lines. Recently, several clients have asked me for my opinion about biometric time clocks – in response to “buddy punching,” or falsification of time-cards and other electronic time-management records.  Biometric time clocks […]

Dean Dietrich Receives Speaker of the Year Award from United Way of Marathon County

Posted on May 1, 2015

Attorney Dean Dietrich was recently awarded the Speaker of the Year Award from the United Way of Marathon County.  Visit our Community Blog to see what the organization had to say about Dean and the award. 

Employer’s Failure to Accommodate Needle Phobia Leads to 2.6 Million Dollar ADA Verdict

Posted on May 1, 2015 by

Last week, a federal jury in an Americans with Disabilities Act case entered a 2.6 million dollar plaintiff’s verdict in favor of a former Rite Aid Corporation pharmacist who Rite Aid allegedly discharged in response to his inability to administer flu shots. According to court records, the former Rite Aid pharmacist suffered from trypanophobia, which […]

Unsigned Legislative Memo: Drastic Changes Planned for Worker’s Compensation?

Posted on May 1, 2015 by

Senator Jon Erpenbach’s (D-Madison) office released an unsigned memorandum addressed to “WC Stakeholders.” The memorandum is dated January 15, 2015, and its subject line reads “WC Reorganization.” While the memorandum is unsigned, it is clear that the author is an administrator within the Worker’s Compensation Division of the Department of Workforce Development (DWD). The author […]

And Now There are Five

Posted on May 1, 2015 by

The United States Senate has confirmed Lauren McFerran as the fifth member of the National Labor Relations Board. The Board now stands fully staffed with a majority being labeled pro-employee. This means “beware” for employers. The confirmation of Lauren McFerran as Obama’s appointment to the National Labor Relations Board sets the stage for more pro-union […]

Independent Contractor, Not Employee?

Posted on May 1, 2015 by

There has been a lot of discussion about independent contractor status and initiatives by the Department of Labor to investigate whether a particular worker has been improperly classified as an independent contractor and not an employee of a company. The State of Wisconsin has signed on to cooperate directly with the Department of Labor in […]

Sticks and Stones Can Break My Bones But Words Will Never Hurt Me….Unless I Work in California!

Posted on May 1, 2015 by

A California law that recently took effect requires company supervisors to undergo anti-bullying training. Mandated training is nothing new for California employers. Since 2005, California has required employers with 50 or more employees to conduct sexual harassment training of supervisors within 6 months of assuming a supervisory position and biennially thereafter. However, the new law […]

What Keeps Me up at Night About the Affordable Care Act?

Posted on April 29, 2015 by

Expert? Guru? While I’d like to think that I merit those descriptions when it relates to the Affordable Care Act, I know for a fact that there is a lot about the ACA that, as they say, “keeps me up at night.” The practice of law is just that, practice, and practicing in the area […]

Must Companies “Ban the Box” in Wisconsin?

Posted on April 29, 2015 by

“Ban the box” legislation has become popular throughout the country. Fifteen states and a number of local jurisdictions have adopted legislation that involves arrest and conviction record discrimination and specifically “bans the box” that must be checked on an employment application if an applicant has been arrested or convicted of a crime. Many employers have […]