Filed Under: Employment & Labor Law
U.S. Supreme Court Holds Employers May Require Individual Arbitration of Employment Disputes
In a case that began in Verona, Wisconsin, the U.S. Supreme Court held earlier this week that the National Labor Relations Act (“NLRA”) does not prohibit employment agreements requiring arbitration of grievances on an individual basis. See Epic Systems Corp. v. Lewis, No. 16-285 (May 21, 2018). Epic Systems extends a string of cases over […]
Filed Under: Employment & Labor Law
WI Supreme Court Concludes Non-Compete Statute Applies to Non-Solicitation of Employees Agreement
Stafford Rosenbaum LLP partner Laura E. Callan has been recognized as a 2019 Woman in the Law by the Wisconsin Law Journal. Along with 22 other praiseworthy female legal professionals, Attorney Callan will be honored at a luncheon event in Milwaukee on June 20, 2019.
Filed Under: Appellate Law Employment & Labor Law
Court Distinguishes Employers Ability to Recoup Draws on Commission
Stafford Rosenbaum LLP is a proud sponsor of the Madison Parks Foundation and the upcoming Picnic in the Park on October 13th at Olbrich Park. Stafford and the Madison Parks Foundation both trace their roots to the same man, the venerable John Olin (namesake of Olin Park). Today, Stafford attorney Kyle Engelke serves the Foundation as its Secretary and joined NBC15’s John Stofflet to share a little history behind Olbrich Park and the upcoming event. ‘Step back in time’ as Event Essentials re-creates a tradition of annual banquets in the park with a new twist of local celebrity chefs (and live music!) for a signature event. Promo video, photos, and details at madisonpicnicinthepark.com.
Filed Under: Employment & Labor Law
Multi-Month Medical Leave Not A Reasonable Accommodation Under the ADA
Last week, the U.S. Court of Appeals for the D.C. Circuit denied requests from more than two dozen states (including Wisconsin) and several energy industry interests to halt implementation of the EPA’s Clean Power Plan while their legal challenges to the regulatory regime are adjudicated.
Filed Under: Employment & Labor Law
Seventh Circuit Expands Title VII Coverage to Include Sexual Orientation Claims
The Court of Appeals for the Seventh Circuit recently held in Hively v. Ivy Tech Community College, 853 F.3d 339 (7th Cir. 2017), that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation. In doing so, it overruled its own longstanding precedent and put itself in conflict […]
Filed Under: Appellate Law Employment & Labor Law
Seventh Circuit: Self-Serving Statements Best Served with a Side of Factual Support
Whitaker v. Wisconsin Department of Health Services, 849 F.3d 681 (7th Cir. 2017), recently served up a refresher on the role of self-serving affidavits in summary judgment proceedings. In Whitaker, the plaintiff alleged that she was fired by a state agency as a result of intentional discrimination based upon her disability. Whitaker suffered from chronic […]
Filed Under: Appellate Law Employment & Labor Law
Seventh Circuit Weighs In on Church Plan Exemption Under ERISA
Paul G. Kent, a Stafford Rosenbaum senior partner, authored a comprehensive guide to water rights and regulations in Wisconsin. On October 22nd, the firm proudly hosted the book launch for "Wisconsin Water Law in the 21st Century."
Filed Under: Employment & Labor Law
Eligibility for Health Insurance Can Be Tied to Participation in a Wellness Plan
Stafford Rosenbaum is pleased to announce that partner Daphne Webb will receive the Wisconsin Law Journal’s 2014 Women in the Law Award on June 12, 2014 at Milwaukee’s Pfister Hotel. Webb is among 27 exceptional female attorneys in the state to receive this honor.
Filed Under: Employment & Labor Law
Time for a FMLA Practice and Policy Self-Audit
The U.S. Department of Transportation’s Federal Aviation Administration (FAA) recently announced a web-based aircraft registration process for owners of small unmanned aircraft (UAS) or drones weighing more than 0.55 pounds and less than 55 pounds including payloads such as on-board cameras.
Filed Under: Employment & Labor Law
Employers Should Consider Periodic Review of FMLA Policies and Practices to Prepare for Audit
The federal Department of Labor (DOL) will likely be increasing on-site audits of employer Family and Medical Leave Act (FMLA) practices in an effort to increase compliance with that law. To keep FMLA policies and practices audit-ready, employers should periodically conduct their own internal audit. The audit should include: A review of policies, notices and […]
Filed Under: Employment & Labor Law
Proposed Rule Will Dramatically Increase The Number of Employees Eligible For Overtime
Currently, employers cannot classify positions as exempt from federal overtime rules unless they pay workers in those positions a minimum annual salary of at least $23,660.[1] President Obama has directed the federal Department of Labor to change that. On June 29, 2015, President Obama announced a proposed rule that would expand the number of employees […]
Filed Under: Employment & Labor Law
EEOC Challenges Standard Separation Agreement Terms as Unlawful
Stafford Rosenbaum LLP has received a Tier 1 ranking in the 2015 Edition of U.S. News - Best Lawyers® "Best Law Firms." Tier 1 rankings are determined through a firm's overall evaluation, which is derived from a combination of clients' impressive feedback, the high regard that lawyers in other firms have for the firm, in addition to the information provided through the Law Firm Survey.
Filed Under: Employment & Labor Law
Department of Labor to Crack Down on Independent Contractor Misclassification
The Secretary of the Department of Labor just announced that the Department will be cracking down on employers’ misclassification of employees as independent contractors with respect to minimum wage and overtime requirements. Employers need to review whether those workers employers label “independent contractors” are properly classified for wage and hour purposes, as well as worker’s […]
Filed Under: Employment & Labor Law
Is Obesity Now A Disability Under the Americans With Disabilities Act?
The American Medical Association voted last month to classify obesity as a disease requiring a range of medical interventions to advance obesity treatment and prevention. Given the broad definition of “disability” under the Americans With Disabilities Act and the Wisconsin disability anti-discrimination act, it may not be too long before courts start ruling that obesity […]
Filed Under: Employment & Labor Law
Facebook Postings Trashing Supervisor Are Protected By the NLRA
The National Labor Relations Board (NLRB) recently decided that an employer violated the National Labor Relations Act (NLRA) when it terminated employees who complained about the conduct of their supervisor on Facebook. The case is Design Tech. Grp. LLC d/b/a Bettie Page Clothing. The NLRA prohibits all employers, both union and non-union, from punishing employees […]
Filed Under: Employment & Labor Law
Undocumented Workers Can Bring Wage and Hour Claims
According to a recent Eleventh Circuit Court of Appeals decision, undocumented workers are entitled to sue under federal law for minimum wage and overtime. The Eleventh Circuit does not govern Wisconsin, but Wisconsin employers should nonetheless pay attention to the ruling. Paying all employees at least minimum wage and all overtime due will help keep […]
