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New Law Allows Employees to Seek Compensatory and Punitive Damages in Wisconsin Discrimination Cases

Posted on June 11, 2009 by

On Monday, June 8, 2009, Governor Doyle signed 2009 Wisconsin Act 20 (“the Act”), which amends the Wisconsin Fair Employment Act (“WFEA”) by permitting employees in employment discrimination, unfair genetic testing, and unfair honesty testing cases to seek and be awarded compensatory and punitive damages. Before this law, employees in Wisconsin were only entitled to […]

EEOC Says Employers Cannot Require Participation In Health Risk Assessment

Posted on May 18, 2009 by

In a recent informal opinion letter, the Equal Employment Opportunity Commission (“EEOC”) held that an employer violated the Americans with Disabilities Act (“ADA”) when it required employees to undertake a health risk assessment (“HRA”) as a condition of participating in the employer s group health plan. Facts: The employer had implemented an HRA which included […]

Reminder: New FMLA Regulations In Effect!

Posted on March 23, 2009 by

The Department of Labor’s (DOL) revisions to the federal Family and Medical Leave Act (FMLA) regulations became effective January 16, 2009. The revisions are extensive. Significant changes were made that impact an employer’s responsibilities under the law. In addition to adopting regulations that implement the new military call-to-duty and military caregiver FMLA leaves, the important […]

Increase in WRS Rates Expected

Posted on March 5, 2009 by

At the end of 2008, it is estimated that the Wisconsin Retirement System (WRS) lost $18.6 billion as a result of the turndown in the economy. This estimate reflects a -26.2% return in 2008. In light of these losses, the Secretary of the Wisconsin Department of Employee Trust Funds board, Mr. David Stella, reported that […]

Judge Halts Milwaukee’s Paid Sick-Day Ordinance

Posted on February 11, 2009 by

On February 6, just four days before Milwaukee’s sick-pay ordinance was scheduled to go into effect, a Milwaukee County circuit court judge granted a temporary injunction sought by the Metropolitan Milwaukee Association of Commerce. This means the ordinance is stayed pending a hearing on a permanent injunction now scheduled for May 11, 2009. Under the […]

Employee’s Termination for Failing to Report for Work Not a Violation of Federal FMLA

Posted on February 10, 2009 by

In a recent case, Phillips v. Mathews, 547 F.3d 905 (8th Cir. 2008), the Eighth Circuit Court of Appeals ruled that an employer did not violate the federal Family and Medical Leave Act (FMLA) when it terminated an employee after she failed to show up for work, even though the employer had sufficient notice that […]

2009 Senate Bill 46

Posted on February 10, 2009 by

2009 Senate Bill 46 was submitted in the Wisconsin State Senate on February 5, 2009. If adopted, the Bill will affect grievance arbitration and complying with fair-share agreements in collective bargaining agreements during contract hiatus. Under the current Municipal Employment Relations Act (MERA), an employer must maintain the status quo during contract negotiations (i.e., commonly […]

Senate Bill 20 – Increase of Fair Employment Act Compensatory and Punitive Damages

Posted on February 4, 2009 by

We wish to alert you to a pending Wisconsin Senate Bill which could have a devastating impact on employers if it becomes law. The Wisconsin Fair Employment Act (WFEA) protects employees and job applicants from discrimination on certain protected grounds, such as age, sex, race, disability, marital status, arrest or conviction record, etc. Under the […]

Urgent – Date for Using Revised Form I-9 Extended

Posted on February 2, 2009 by

Employers must complete a Form I-9 (i.e., immigration) for all newly hired employees. We previously provided you with information in regard to the new I-9 form and the date it would be effective, today, February 2, 2009. The U.S. Citizenship and Immigration Services (USCIS) has announced that it has delayed, by 60 days, until April […]

President Obama Signs the Lilly Ledbetter Fair Pay Act

Posted on January 30, 2009 by

On January 29, 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act. The Act is the first bill signed into law by President Obama since taking office. Under the new law, it is now easier for workers to sue their current and former employers for pay discrimination. The Ledbetter Fair Pay Act […]