Filed Under: Appellate Law Employment & Labor Law Litigation
U.S. Supreme Court Holds Employment Protection Reaches Sexual Orientation and Transgender Status
Title VII is the portion of the federal Civil Rights Act that prohibits employers from discriminating on the basis of race, color, religion, sex, and national origin. It was first adopted by Congress in 1964. Last week, in a 6-3 ruling, the U.S. Supreme Court interpreted Title VII to prohibit discrimination on the basis of […]
Filed Under: Employment & Labor Law
DOL Issues Regulations Implementing the Families First Coronavirus Response Act
On April 1, 2020, the US Department of Labor issued regulations implementing the paid sick leave (PSL) and expanded FMLA (EFMLA) leave portions of the Families First Coronavirus Response Act (FFCRA). A full description of all of the provisions of the regulations is beyond the scope of this blog, but some of the key highlights […]
Filed Under: Employment & Labor Law
Employment Law Update: Families First Coronavirus Response Act
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. This economic stimulus plan is designed to address the impact of the COVID-19 outbreak on Americans and contains two provisions that will impact employers with 1 – 500 employees effective April 2, 2020. Specifically, the FFCRA mandates emergency paid […]
Filed Under: Employment & Labor Law
Court Must Adjudicate the Merits before Transferring Properties to Trust Over Owner’s Objection
In City of Milwaukee v. Choudry, 2018AP1693 (Dec. 27, 2019), the Wisconsin Court of Appeals reversed a circuit court order transferring the defendant’s properties into a trust. The appellate court held that, because the trial court never made a final judgment on the merits of the case, it lacked authority to impose a remedy. Starting in […]
Filed Under: Employment & Labor Law
Are You Ready? Reminder: New White-Collar Exemption Rule is Effective January 1, 2020.
Under the Federal Fair Labor Standards Act (FLSA) “white collar” exemption, employees are exempt and not entitled to overtime if: (1) a “duties” test establishing that the employees are executive, administrative or professional employees as defined by federal rules is met; (2) employees are paid on a salary or fee basis; and (3) employees are […]
Filed Under: Appellate Law Employment & Labor Law
Use It Or Lose It: SCOTUS Ruling Means Employer Defense To Discrimination Claims Can Be Waived
On June 3, 2019, the U.S. Supreme Court unanimously held that failure of an employee to file a discrimination claim with the EEOC prior to bringing a discrimination lawsuit does not deprive a court of jurisdiction over the suit. That means that an employer can waive the defense to a discrimination claim based on failure […]
Filed Under: Employment & Labor Law
Under Wisconsin Law, Commute Time is Non-Compensable Even if Using Employer’s Vehicle
The Wisconsin Supreme Court recently decided that Wisconsin law does not require employers to pay employees for the time spent driving company vehicles between their homes and job sites. Kieninger v. Crown Equipment Corp. Federal law has a similar rule, but it is subject to more limitations than the Wisconsin rule. Under federal law, employees are […]
Filed Under: Employment & Labor Law
DOL Proposes Regular Rate of Pay Regulations
The federal Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees overtime pay at 1½ times their “regular rate of pay” for hours worked over 40 in a workweek. In calculating the regular rate of pay, employers must count all “remuneration for employment,” unless expressly excluded by the FSLA or DOL’s regulations implementing […]
Filed Under: Employment & Labor Law
Supreme Court to Decide if Prohibition on Sex Discrimination covers Sexual Orientation/Identity
The U.S. Supreme Court has announced that it will hear three cases addressing whether discrimination on the basis of sexual orientation and transgendered status constitutes discrimination “because of sex” and therefore prohibited under Title VII. The Court agreed to hear two of the cases together to resolve a split in the U.S. Circuit Courts as […]
Filed Under: Employment & Labor Law
Employers Must Now File EEO-1 Component 2 Data By September 30, 2019
A district court has ordered that employers covered by EEO-1 reporting requirements must submit 2018 wage and hour data for their workforces by September 30, 2019. The EEOC has also determined that 2017 wage and hour data must also be reported by September 30, 2019. Employers will submit these reports as “Component 2” of the […]
Filed Under: Employment & Labor Law
Employers Beware: Governor to Focus on Rooting Out Misclassification of Independent Contractors
Figuring out whether you can lawfully classify a worker as an independent contractor can be complicated. There are different standards for different laws. In Wisconsin, worker’s compensation and unemployment compensation laws each have their own definition of “independent contractor.” There is yet a different test for the purposes of wage and hour laws. Employers may […]
Filed Under: Employment & Labor Law
Under Federal FMLA, Employers Cannot Allow Employees to Exhaust Other Paid Leave
The National Labor Relations Act protects employees—even those in non-union workplaces—engaged in protected concerted activity for the purposes of mutual aid and protection. But what does “concerted” activity mean? A recent National Labor Relations Board decision, Alstate Maintenance, 367 NLRB No. 68, helps define the contours of the term. In Alstate, the employer provided skycap services at an airport. […]
Filed Under: Employment & Labor Law
NLRB Further Defines Concerted Activity
The National Labor Relations Act protects employees—even those in non-union workplaces—engaged in protected concerted activity for the purposes of mutual aid and protection. But what does “concerted” activity mean? A recent National Labor Relations Board decision, Alstate Maintenance, 367 NLRB No. 68, helps define the contours of the term. In Alstate, the employer provided skycap services at an airport. […]
Filed Under: Employment & Labor Law
Workplace Civility Rules Upheld by National Labor Relations Board
In the wake of the National Labor Relations Board’s (the Board) decision in Boeing Co., 365 NLRB No. 154 (Dec. 14, 2017), the office of the Board’s General Counsel recently released a memo finding that a company’s “Commitment to My Co-Workers” policy was a lawful workplace-civility rule. The policy required workers to, among other things, maintain healthy relationships with […]
Filed Under: Employment & Labor Law
Words Can Hurt You – Failing to Stop Rumors Can Lead to Liability for Sexual Harassment
Brian Butler, an attorney with Stafford Rosenbaum LLP, has been named a Top 50 Wisconsin Super Lawyer. He was also named the Lawyer of the Year 2012 in Litigation – Antitrust – Madison by Best Lawyers.
Filed Under: Employment & Labor Law
DOL Proposed Overtime Regulations That Increase the Salary Threshold
Stafford Rosenbaum is pleased to announce that Connie Anderson, Lawrence Clancy, and Michael Lund have been named “2013 Top-Rated Lawyers in Real Estate Law” by American Lawyer Media and Martindale-Hubbell™.
Filed Under: Employment & Labor Law
Employee Not Covered by the FMLA Gets Day in Court Due to Employer Representations
InBusiness Magazine names Stafford Rosenbaum LLP to the Gold level in its “Best Companies to Work For”. Of the 35 businesses recognized on this list, only three were awarded this highest category.
Filed Under: Employment & Labor Law
Seventh Circuit Limits Job Seekers’ Age Claim Rights Under Federal Law
WITI, FOX 6 Milwaukee interviewed Kelly Dodd, a partner at Stafford Rosenbaum, for her legal take on the recent same-sex marriage decision handed down by Judge Crabb United States District Court for the Western District of Wisconsin and whether these same-sex marriage licenses could be voided.
