Protecting Employers Since 1985
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…
Read MoreIt 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…
Read MoreIn May 2016, the Department of Labor issued its controversial revisions to the white collar exemptions of the overtime regulations, more than doubling the minimum salary required for exemption; going from $455/wk. ($23,680/yr.) to $913/wk. ($47,476/yr.). A court in Texas subsequently found the rule invalid, and employers have been awaiting the Trump administration’s position on…
Read MoreFor some reason unknown to me (it can’t possibly be my imminent 60th birthday), I have been receiving solicitations from the State Bar’s “Senior Lawyers Division.” Though I would like to think it is based on my vast experience, I have reason to believe it is more “temporal” in nature. So that got me thinking……
Read MoreLast month I wrote that conduct that is sexual in nature does not necessarily constitute sexual harassment unless it is directed at a person because of his or her sex. But what about conduct that is not necessarily sexual in nature, but really creepy? In other words, can stalking be considered sexual harassment, even if…
Read MoreWait, what? If the conduct directed at an employee is sexual in nature or has sexual connotations, doesn’t that automatically make it unlawful sexual harassment? Not necessarily. In Smith v. Rosebud Farm, Inc., Case No. 17-2626 (7th Cir. Aug. 02, 2018), the Seventh Circuit Court of Appeals, which governs Illinois, Wisconsin and Indiana, recently revisited…
Read MoreOn August 28, 2018, the Department of Labor, Wage and Hour Division, issued six new opinion letters on issues under the Fair Labor Standards Act and Family Medical Leave Act. They are summarized below: “No-fault” attendance policies and roll-off of attendance points under the FMLA – attendance policy that “freezes” attendance points accrued prior to…
Read MoreThe Wisconsin Unemployment Compensation Act defines “misconduct” to include “absenteeism on more than 2 occasions within the 120-day period before the date of the employee’s termination, unless otherwise specified by [the] employer in an employment manual [which the employee has acknowledged receiving].” Wis. Stat. § 108.04(5)(e). What if the employer’s attendance policy defines excessive absenteeism,…
Read MoreOver the last several years, the Wisconsin Labor and Industry Review Commission (“LIRC”) has developed a maddening interpretation of the Wisconsin Fair Employment Act as it relates to disability discrimination; that is, if the conduct that prompted an employee’s discipline was caused by a disability, then taking action based on that conduct is an act…
Read MoreOn April 3, 2018 the Department of Labor implemented a new pilot program, in effect for the next six months, under which employers may correct inadvertent minimum wage and overtime violations without the imposition of penalties or liquidated damages (employers must still pay 100% of any back wages owed). Under the new program – Payroll…
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