Filed Under: Employment & Labor Law
NEW SEVENTH CIRCUIT CASE ADDRESSES TRANSFER AS A REASONABLE ACCOMMODATION
Assume an employee came to you and said that he was unable to do his job because of a disability, but that he could perform the duties of a vacant job in another department. You already have three other applicants for the position, each of whom is more qualified than the disabled employee. What do […]
Filed Under: Employment & Labor Law
Can Asking for Social Networking Passwords Get An Employer In Trouble?
Social networking is everywhere. It is rare for anyone in the workforce to not have at least a Facebook or LinkedIn account. Many employers are convinced that access to these accounts will provide tons of valuable information on prospective employees, so much so that some employers have now begun asking potential hires for passwords to […]
Filed Under: Employment & Labor Law
Non-Compete Agreements—Looking At It From The Other Side
A growing number of employers now require employees to sign non-compete agreements as a condition of employment. Not many, however, think to ask prospective employees whether they are subject to a non-compete agreement with their current/former employer. Failure to do so early on in the hiring process can have serious—and expensive—consequences. If you do not […]
Filed Under: Dealership & Franchise Law
Out-of-state franchisor’s royalties and the Wisconsin income tax
Assume you have never set foot in a particular state. Let’s say that state is Iowa. But you do business with a party in Iowa – a party that has contracted for the right to franchise your business concept in Des Moines, Iowa. The Iowa party sends you weekly royalties based on its sales from […]
Filed Under: Employment & Labor Law
Guidance On the $2,500 Health FSA Limit
The IRS has issued a notice providing guidance regarding the $2,500 per plan year health flexible spending account (FSA) limit created by the Patient Protection and Affordable Care Act. Key points from the notice are: the $2,500 limit does not apply for plan years that begin before 2013; the “plan year” is the plan year […]
Filed Under: Employment & Labor Law
NLRB Issues Guidance on Employer Social Media Policies
The National Labor Relations Board (NLRB) has issued a report addressing social media policies that employers create for employees to follow. The report gives examples of employer restrictions that run afoul of the National Labor Relations Act (NLRA), as well as those that are valid. The content of the report applies to both union and […]
Filed Under: Dealership & Franchise Law
Wisconsin Permits Electronic Filing of Franchise Registration Forms
Rarely are the terms “law” and “early adopter of technology” found in the same sentence. This certainly is true as to some aspects of franchise regulation. Whereas most businesses regularly send and receive documents electronically, most state franchise registration forms still are filed the old-fashioned way – by mail or other physical delivery. As of […]
Filed Under: Dealership & Franchise Law
Getting Off The Ground
Begin, be bold, and venture to be wise. –Roman poet Horace* This is my inaugural post on Wisconsin Franchise and Distribution Law, a blog created to distribute useful information collected in the course of my work at Stafford Rosenbaum LLP to clients, friends and blog followers. In our daily practice, my colleagues at Stafford Rosenbaum […]
Filed Under: Employment & Labor Law
Discrimination Based on Illegal Immigrant Status Not Prohibited By Federal Anti-Discrimination Law
The Court of Appeals for the Seventh Circuit recently decided that workplace discrimination on the basis of status as an illegal immigrant does not violate Title VII of the Civil Rights Act of 1964, one of the federal anti-discrimination laws. See Cortezano v. Salin Bank & Trust Co., 2012 WL 1814258 (May 21, 2012). Decisions of the […]
Filed Under: Employment & Labor Law
EEOC Finds Transgender Discrimination Violates Federal Anti-Discrimination Law
The Equal Employment Opportunity Commission (EEOC) recently decided that workplace discrimination on the basis of gender identity, a change of sex and/or transgender status constitutes discrimination on the basis of sex, which is prohibited by Title VII of the Civil Rights Act of 1964. Title VII is one of the federal anti-discrimination statutes. Background Mia […]
Filed Under: Employment & Labor Law
Employee Rights Under the National Labor Relations Act Poster
Bruce D. Huibregtse, an attorney with Stafford Rosenbaum LLP, has been named a Leader in the Law by the Wisconsin Law Journal. The attorneys and judges selected were chosen based on a variety of criteria, including outstanding leadership, vision and legal expertise in Wisconsin’s legal community.
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