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Management Comments can Create a “Smoking Gun” for Discrimination Claims

Posted on May 20, 2014 by

A recent decision by the U.S. Court of Appeals for the Sixth Circuit gives a prime example of how comments by an employer-representative can support a claim of discrimination. A sales manager in his late fifties showed a potential basis for a claim of age discrimination because of the comments made by a younger supervisor. […]

Wisconsin Insurance Commissioner Announces Insurers Participating in Marketplace

Posted on May 20, 2014 by

On August 6 the Wisconsin Office of Commissioner of Insurance released the names of the insurers who have applied to participate in Wisconsin’s federally facilitated Exchange (the Wisconsin Marketplace). Thirteen insurers have applied to participate in the individual Marketplace (marketing qualified health plans to individuals only), while nine insurers have agreed to participate in the […]

Employee Requests for Accommodations for Non-Traditional Religious Observances – Practice What You “PREACH”

Posted on May 20, 2014 by

Most employers are at least remotely familiar with the requirement under Title VII of the Civil Rights Act of 1964 to provide reasonable accommodations in response to employee requests to participate in religious observances or practices, if doing so does not cause demonstrable (not hypothetical or speculative) undue hardship to the employer’s business operations. Recently, […]

Fox Searchlight Decision Brings Risks of Using Unpaid Interns Out of the Dark

Posted on May 20, 2014 by

Recently, a federal court in New York concluded that a group of workers (production workers who worked on production of the film Black Swan) classified as “unpaid interns” by a motion picture distribution company should have been classified as employees for purposes of federal wage and overtime laws. The case is Glatt v. Fox Searchlight […]

Federal Court Decision Supports Strict Call-In Procedures

Posted on May 20, 2014 by

Many employers maintain no-fault attendance policies requiring advanced notice of absences and a voluntary quit provision when an employee fails to report to work for two days without providing notice. These policies assist companies in meeting client deadlines and properly monitoring employee performance. The Sixth Circuit Court of Appeals recently ruled that an employer may […]

Duty to Accommodate Pre-Existing Conditions of an Employee?

Posted on May 20, 2014 by

There has always been a question whether an employer is required to provide accommodations to an employee who has suffered an injury that impacts the employee’s ability to work when the injury occurred before the employee was hired. These types of injuries are called pre-existing injuries or pre-existing conditions and many employers believe they do […]

What’s in Store for the Future – National Labor Relations Board

Posted on May 20, 2014 by

On August 22, I spoke to the Employment Law Institute sponsored by the State Bar of Wisconsin on the topic of, “National Labor Relations Board:  What Will the Future Bring?” This topic focused on the recent congressional approval of new members to the NLRB which will eliminate legal challenges going forward to decisions made by the […]

IRS Announces Recognition of Legally Married Same-Sex Couples

Posted on May 20, 2014 by

Earlier today, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) announced that all legally married same-sex couples, regardless of where they live, will be recognized for federal tax purposes, including income, estate, and gift taxes. The Supreme Court of the United States’ decision on June 26, 2013 declaring the federal Defense […]

Federal Court Upholds NLRB Approval of Mini-Bargaining Unit

Posted on May 20, 2014 by

A recent decision by the 6th Circuit Court of Appeals (the Federal Court covering the states of Kentucky, Michigan, Ohio and Tennessee) held that the NLRB decision allowing for a “mini-union” was a valid and proper exercise of Board authority. In this case, the NLRB approved a bargaining unit that was comprised of a small […]

Obesity as a Protected Category?

Posted on May 20, 2014 by

I have written blogs in the past about obesity not being a protected category under the Americans with Disabilities Act and the Wisconsin Fair Employment Act. Over the weekend, the American Medical Association announced that obesity should now be considered a disease. It is anticipated that insurance companies will now recognize obesity as a covered […]