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 […]
Filed Under: Employment & Labor Law
The Importance of the Interactive Process in Defense of ADA Claims
Susan Allen, a Partner at Stafford Rosenbaum, has been chosen as a recipient of the 2017 Women in the Law Award. This prestigious honor is bestowed upon 29 attorneys, and celebrated at a dinner event put on by the Wisconsin Law Journal.
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: 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: 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 […]
