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Protected Employee Must Notify Employer of Need for Time Off

Posted on May 31, 2017 by

A recent decision in the Northern District of California highlighted the importance of employers applying a consistent rule that employees must notify the employer if they are unable to report to work, even if the employee suffers from a disabling condition.  In a recent decision, the Federal Court Judge held that a Company properly terminated […]

Breaking News-House Passes Comp Time Bill!

Posted on May 23, 2017 by

Some Frequently Asked Questions for the Curious… The House passed a bill named the Working Families Flexibility Act of 2017 earlier this month that, if signed into law, would dramatically change private sector compensation in the United States.  Interested? Keep reading. What is “comp time”?  “Comp time” is the concept of allowing an employee who […]

Unemployment Benefits Cannot Be Denied Based on Eight Cash Transaction Inadvertent Errors Out of 80,000 Transactions in a 21-Month Period

Posted on May 22, 2017 by

The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well.  The case is Operton v. Labor and Industry Review Commission, 2017 WL 1743039.  In doing so the Supreme Court affirmed the ruling of the Wisconsin Court of Appeals, which […]

OSHA Extends Deadline for Electronically Submitting Worker Injury and Illness Records

Posted on May 18, 2017 by

The Occupational Safety and Health Administration (OSHA) announced on May 17, 2017 that the deadline for employers with 250 and more employees to electronically submit information from their 2016 Form 300A to OSHA is being extended.  Under the electronic reporting rule that went into effect on January 1, 2017, the original deadline was to be […]

2018 Health Savings Account Cost of Living Adjustments

Posted on May 8, 2017 by

The Internal Revenue Service on May 5th announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2018.  HSA/HDHP Requirement  Cost-of-Living Adjustments  Limit on HSA Contributions – Self-only HDHP  2017 – $3,400  2018 – $3,450  Limit on HSA Contributions – Family HDHP  2017 – […]

One Racial Slur Constitutes Harassment?

Posted on May 4, 2017 by

A recent decision from the Second Circuit Court of Appeals in New York has again opened the door to questions about hostile work environment and racial harassment.  The particular question addressed in this court decision was whether one racial epitaph (use of the “n-word”) would support a claim for racial harassment and the creation of […]

Seventh Circuit Court of Appeals Speaks Out on Employment Issues

Posted on May 3, 2017 by

Several recent decisions by the Seventh Circuit Court of Appeals have set the tone for court decisions in the employment law field.  The Seventh Circuit Court of Appeals covers a number of states in the Midwest, including Wisconsin, so the rulings are important for Wisconsin employers up to a point.  The first decision involves sexual […]

EPA’s Risk Management Plan (RMP) Final Rule Delayed

Posted on April 6, 2017 by

EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017.  EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry petitions for reconsideration and judicial review. On February 28, 2017, the “RMP Coalition” filed its […]

Wisconsin Unemployment Insurance Benefits Upon Discharge for Absenteeism – the Employer’s Policy May Be More Generous, But Not More Restrictive, Than the Statutory Default

Posted on March 21, 2017 by

The Wisconsin Court of Appeals issued a decision in an unemployment insurance benefits case on March 8 that provides clarity where an employee is discharged for absenteeism.  The case is Wisconsin Department of Workforce Development v. Wisconsin Labor and Industry Review Commission, et al (2017 WL 946724).  In doing so the court of appeals described […]

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

Posted on February 28, 2017 by

One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work.  A good example is an employee who suffers from episodes of depression that affect the employee’s ability to come to work.  It is almost impossible to challenge […]