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Automobile Dealerships and Part Suppliers: Unintended Consequences in Whistleblower Rules?

Posted on December 15, 2016 by

OSHA enforces laws that protect whistleblowers under 22 whistleblower statutes ranging from the Asbestos Hazard Emergency Response Act to the Wendell H. Ford Aviation Investment Reform Act for the 21st Century.  This article focuses on OSHA’s final rule under one of those statutes, the Moving Ahead for Progress in the 21st Century Act (“MAP-21”), as […]

2017 IRS Standard Mileage Rates Reflect Steady Gasoline Prices

Posted on December 13, 2016 by

On December 13, 2016 the IRS issued its standard mileage rates for 2017.  Each year (sometimes more frequently than that in times of price volatility) the IRS announces the standard mileage rates for determining the deductible cost for operating automobiles for various purposes, including business, medical, and charitable purposes.  Employers often base their employee reimbursements […]

More Overtime or Not?

Posted on December 12, 2016 by

The table is set for a fight over whether or not more employees will be eligible for overtime pay as a result of the Department of Labor regulation changing the qualifications to be an exempt employee.  President-Elect Trump has nominated Andrew Puzder to serve as Secretary of the Department of Labor.  He has made it […]

Perceived National Origin Discrimination Can be Pitfall for Employers

Posted on December 9, 2016 by

I have always struggled with the notion of “perceived” discrimination and whether an employer has actually discriminated against an employee because they perceive the employee to be disabled or of a different national origin or something else.  The EEOC recently issued updated Enforcement Guidance on national origin discrimination and concluded that national origin discrimination includes […]

Federal Judge Refuses to Block New OSHA Anti-Retaliation Rule from Taking Effect Tomorrow

Posted on November 30, 2016 by

A federal judge has refused to issue a preliminary injunction to block OSHA’s new anti-retaliation and discrimination rule from taking effect as scheduled.  This means that tomorrow, December 1, the rule prohibiting employers from retaliating or discriminating against employees for reporting workplace injuries and illnesses will take effect. Multiple plaintiffs have sued OSHA in federal […]

Breaking News: Texas Judge Delays Overtime Rule!

Posted on November 22, 2016 by

Late today, a Texas federal district court judge issued a ruling that DELAYS the Department of Labor’s proposed overtime rule that was set to go into effect on December 1.  This means that a hearing will be scheduled to determine whether or not the DOL exceeded its authority in issuing the Rule that would increase […]

Breaking News: Judge Says He Will Issue Ruling on November 22 Regarding DOL Proposed OT Rule!

Posted on November 17, 2016 by

As we reported recently, (see DOL Overtime Rule Update: Breaking News!!!!!) 21 States and multiple business groups have filed suit in the Eastern District of Texas seeking a delay in the implementation of the proposed OT rule set for December 1.   Yesterday, the judge assigned to that case advised the parties he will issue his […]

Worker’s Compensation: Opt Out in Wisconsin?

Posted on November 4, 2016 by

In 2014 Oklahoma enacted a radical change to its workers’ compensation statute, and on September 13, 2016, the Oklahoma Supreme Court held that it violates the state constitution. The case is Dillard’s, Inc. v. Vasquez, 2016 OK 89. Some version of the Oklahoma legislative plan might be considered by the Wisconsin Legislature. This article explores […]

Recent Disability Discrimination Cases Outline Employer Responsibilities

Posted on November 3, 2016 by

Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation.  These decisions offer reminders for employers of the importance of recognizing potential disability claims and addressing them promptly. In the first decision, the Eighth Circuit Court of Appeals concluded that an employee […]

Tortious Interference with Contract/Employment Relationship/Truthfulness of Statements/Defense to Tort Claim

Posted on November 2, 2016 by

A recent ruling from the Seventh Circuit Court of Appeals extended the notion of “truth as a defense” to a tortious interference with employment claim under Wisconsin law.  This establishes a sound defense to a claim by an employee against other employees that they have tortiously interfered with the employee’s contract for employment with a […]