Protecting Employers Since 1985

DOL Rolls Out Regulations Implementing FFCRA Obligations

By Alan E. Seneczko / April 1, 2020

Earlier this afternoon, the DOL issued temporary regulations, effective immediately, implementing and interpreting the paid sick leave and emergency family leave provisions of the FFCRA. Although the rules largely mimic the information provided in the FAQs, they now have the force and effect of law. Some additional clarifications: Paid sick leave and/or EFMLA is not…

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DOL Provides Additional Guidance on FFCRA Obligations

By Alan E. Seneczko / March 30, 2020

Late Friday, March 27, and again on Saturday, March 28, the Department of Labor added a number of FAQs to its March 24 guidance. Here are some of the highlights, including guidance relating to business closures and layoffs, as well as the relation between emergency public health leave and other leave under the FMLA: Paid…

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US Department of Labor Issues New Guidelines for Employers on COVID-19

By Alan E. Seneczko / March 25, 2020

The U.S. Department of Labor has just issued a number of FAQs to clarify an employer’s obligations under the Paid Sick Leave and Expanded Family Leave provisions of the Families First Coronavirus Response Act. A few of the more helpful clarifications are summarized below: The paid leave provisions of the FFCRA become effective April 1,…

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FFCRA Poster Now Available

By Alan E. Seneczko / March 25, 2020

As you are likely aware, the FFCRA requires employers to post a notice explaining the requirements of the new law – but did not have a poster available. It now does. Here are links to both the poster and FAQs concerning it (which includes helpful questions like where/how to post if your employees are all…

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Wisconsin Governor Issues “Safer at Home” Order

By Alan E. Seneczko / March 24, 2020

Governor Evers has issued his Safer at Home Order, which becomes effective at 8:00 a.m. on Wednesday, March 25, 2020, and will remain in effect until Friday, April 24, 2020, unless a superseding order is issued. Click here to review the Order and determine whether your business is considered an “Essential Business” allowed to remain…

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You Can’t Have It Both Ways – Company Prevails In Case Involving Conflicting Representations In ADA, FMLA and Worker’s Compensation Claims

By Alan E. Seneczko / December 5, 2019

By now it is almost cliché to talk about the “Bermuda Triangle” of employment law – difficult issues involving the ADA, FMLA and Worker’s Compensation and the consternation they cause employers. Recently, however, Wessels Sherman attorney Alan Seneczko, who manages the firm’s Wisconsin office, won a big victory for a client seemingly caught in that…

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Seneczko Wins Default as Discovery Sanction in Duty of Loyalty Claim

By Alan E. Seneczko / October 15, 2019

Wessels Sherman Attorney Alan Seneczko, managing shareholder of the Wisconsin office, recently won a huge decision in a claim against a former executive for breach of his duty of loyalty to the company (among other claims). The company, Storage Battery Systems, suspected its director of sales was using his position and the confidential information he…

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Don’t Like Your Boss? How About Demanding a New Supervisor as an Accommodation?

By Alan E. Seneczko / July 22, 2019

In this ever-litigious society of ours, it is comforting to see reason prevail on occasion, and the court’s recent decision in Summers v. Target Corporation, Case No. 18-C-32 (E.D. Wis. 2019) is a good example. In Summers, an employee contended that his supervisor caused him anxiety, stress, palpitations and panic disorders, for which he was…

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Arbitration Agreements and Class Action Litigation

By Alan E. Seneczko / April 29, 2019

It has now become almost axiomatic that any given alleged violation of the Fair Labor Standards Act – calculation of the overtime rate, rounding procedures, travel time, exempt status, etc., can, and most certainly will, become the basis for a class action lawsuit, since a violation toward the one generally involves a violation toward the…

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Rumors of “Sleeping Your Way to the Top” Can Constitute Sex Discrimination

By Alan E. Seneczko / March 15, 2019

It remains an unfortunate, though persistent, stereotype in our society that women who advance in the workplace, especially those who do so rapidly and have a male superior, do so not by merit, but rather, because of a sexual relationship with their superior. In other words, they only obtained the position because they are “sleeping…

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