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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 […]

President Obama Expands Military Leave Provisions Under FMLA – H.R. 2647

Posted on October 29, 2009 by

On October 28, 2009, President Obama signed the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647) into law. H.R. 2647 expands the leave rights of employees for certain family members in the armed forces under the federal Family and Medical Leave Act (FMLA). Military Exigency Leave Expansion   Currently, the federal FMLA provides an […]

At It Again – FMLA Revised

Posted on July 9, 2009 by

Most employers in Wisconsin recently revised their Family and Medical Leave Act (FMLA) policy and forms to comply with the revised federal regulations that became effective on January 16, 2009. This was the first revision to the federal regulations since they were issued by the Department of Labor back in 1996. Therefore, employers felt they […]

Status of Legislative Discussions Regarding Elimination of Qualified Economic Offer Language

Posted on June 23, 2009 by

We are providing an update regarding the discussions over potential changes to state law impacting collective bargaining for school districts.   As you know, the State Senate and State Assembly are meeting this week to consider compromises to the state Budget Bills adopted by each entity to see if they can reach an amicable compromise […]

New Wisconsin Law Prohibits Discrimination Against Employees For Failure to Attend Religious or Political Meetings

Posted on June 11, 2009 by

As of May 26, 2010, Wisconsin law prohibits employers from discriminating against employees who do not wish to attend religious or political meetings, or take part in any communication regarding religious or political matters. If an employee refuses to attend a religious or political meeting or participate in communications on such matters at the request […]