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What Employers Need to Know About The Families First Act
Posted by Attorney David McClurg in COVID-19 / Comments
The Families First Coronavirus Response Act, also known as HR 6201, was enacted last week to provide free coronavirus screening, paid leave time, significantly expanded Family and Medical Leave Act (FMLA) rights, and greater unemployment benefits for individuals impacted by the coronavirus. Emergency Paid-Leave In general, the Emergency Paid-Leave provisions in the legislation apply to employers with fewer than 500 employees, but there may be some hardship exceptions available for ...
Read MoreHow Employers Should Respond to Risks of Workplace Exposure to COVID 19
Posted by Attorney David McClurg in COVID-19 / Comments
ADA and OSHA rules continue to apply during the COVID 19 pandemic, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding this virus. The following discussion addresses the applicability of those rules ...
Read MoreEssential Businesses Under the “Safer at Home” Order
Posted by Attorney David McClurg in COVID-19 / Comments
On March 24, 20120 Governor Tony Evers directed Andrea Palm, Secretary-designee of the Wisconsin Department of Health Services, to issue a comprehensive “Safer at Home Order” restricting travel, except for certain purposes, including work at a number of “Essential Businesses and Operations” that are allowed to stay open during the COVID 19 Emergency. The Order states: Essential Businesses and Operations. All entities described in this section shall meet Social Distancing Requirements ...
Read MoreProtecting Your Company’s Trademarks
Posted by Attorney David J. Espin in Business Management / Comments
Your company’s name, logo, and, more broadly, its “brand,” often comprise some of its most important and valuable assets. Strong brand recognition often takes years to build, and helps to engender customer loyalty and distinguish your business from its competitors. Thus, it’s important for business owners to understand what types of names and symbols can be trademarked, and how to effectively protect your trademark once it’s established. Below is an ...
Read MoreDOL ISSUES NEW OVERTIME RULE
Posted by Attorney David McClurg in Employer-Employee Relationship, Human Resources, Labor Relations / Comments
On March 7th, 2019, the U.S. Department of Labor (DOL) unveiled a long-awaited replacement to an Obama era rule (blocked by a federal court in November, 2016) that would have increased the salary level required for exemption from federal overtime regulations from $455/week ($23,660/year) to $913/week (over $47,000/year), and added over 4 million U.S. workers to the ranks of those eligible for overtime pay. Under the proposed replacement rule, the ...
Read MoreSupreme Court Holds that an Employer’s Actual Knowledge of Link Between an Employee’s Disability and Misconduct Resulting in Termination is Required to Prove Disability Discrimination
Posted by Attorney David McClurg in Employer-Employee Relationship, Human Resources, Labor Relations / Comments
An employer can be held liable under the Wisconsin Fair Employment Act if it takes an adverse action (including termination or other disciplinary action) against an employee “because of" the employee's disability. One of the most vexing problems for employers arises when, after terminating an employee for misconduct or rule violations, the employee claims that the conduct leading to the discipline was “caused by" their underlying disability. This has been ...
Read MoreThe NLRB Returns Some Sanity to the Evaluation of Workplace Policies
Posted by Attorney David McClurg in Employer-Employee Relationship, Human Resources, Labor Relations / Comments
Under President Obama, the National Labor Relations Board issued a series of decisions finding a range of workplace policies to be unlawful because employees might “reasonably construe" the rules to restrict rights protected under the National Labor Relations Act (the “Act"). Rules found to “violate" the Act included rules requiring “civility" and restricting the use of recording devices in the workplace, prohibitions against defamation and many more.A “newly constituted" NLRB ...
Read MoreSupreme Court Upholds Class Action Waivers in Employment Arbitration Agreements
Posted by Attorney David McClurg in Employer-Employee Relationship, Human Resources, Labor Relations / Comments
The major employment-related news this month was the U.S. Supreme Court's decision, in a case one involving Wisconsin-based Epic Systems, that class action waivers included in arbitration agreements relating to employment disputes are enforceable. The Court has, based on the provisions of the Federal Arbitration Act, consistently upheld the validity of arbitration agreements in a variety of contexts over many decades. However, the National Labor Relations Board and several federal ...
Read MoreU.S. Supreme Court Confirms Our 7th Circuit Win in an ADA Accommodation Case
Posted by Attorney David McClurg in Reasonable Accommodations, Employer-Employee Relationship, Labor Relations / Comments
Several months ago, we told you about a case alleging that our client, Heartland Woodcraft, violated the ADA by denying an employee's request for an additional 2-3 months of leave to undergo back surgery after he had exhausted three-months of FMLA leave on conservative treatment alternatives. Heartland denied the request because it needed to fill the employee's second shift lead position, and believed it would only be able to find ...
Read MoreA Brief Overview of Wisconsin Options to Purchase
Posted by Attorney David J. Espin in Investing In Rental Property / Comments
Many landlords in Wisconsin are looking for ways to persuade their tenants to put some “skin in the game," and eventually to purchase the property they are renting. Tenants with a financial stake in the property will often take better care of the premises, and are less likely to walk away from their lease obligations. In order to accomplish this, landlords often turn to land contracts so that tenants will ...
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