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U.S. Supreme Court Asked to Review Our 7th Circuit Win in an ADA Accommodation Case
Posted by Attorney David McClurg in Labor Relations / Comments
In September of 2017 the 7th Circuit Court of Appeals issued a decision, following briefing and argument by Petrie + Pettit attorney Dave McClurg, affirming dismissal of an ADA complaint against our client, Heartland Woodcraft. The plaintiff in that action, Raymond Severson, alleged that Heartland violated the ADA by denying his request for an additional 2-3 months of leave to undergo back surgery after he had exhausted three-months of FMLA ...
Read MoreWisconsin's Construction Lien Procedures
Posted by Attorney David J. Espin / Comments
As the real estate market continues its recovery from the Great Recession, a by-product has been increased real estate construction. While this is certainly a positive trend for Wisconsin's contractors, they should have an understanding of the state's construction lien procedures in order to protect their rights if they are not paid for their work.In Wisconsin, contractors that provide labor or materials for real estate improvements generally have lien rights ...
Read MoreCourt Decision Casts Doubt on Use of Incentives to Encourage Participation in Wellness Programs
Posted by Attorney David McClurg in Human Resources, Labor Relations / Comments
The use of biometric testing and health risk assessments in connection with wellness programs arguably violates the ADA's restriction on employment related medical examinations unless the inquiry is “job-related and consistent with business necessity." However, the Act allows such examinations and the collection of medical information as part of an “employee health program" as long as the employee's participation in the program is “voluntary" – a term the Act leaves ...
Read MoreWisconsin’s Land Contract Default Remedies
Posted by Attorney David J. Espin / Comments
As bank's lending standards have tightened in recent years, financing for real estate sales has become more difficult to obtain. More buyers and sellers are considering alternative financing options, such as land contracts. If the buyer, otherwise known as the vendee, makes all payments on time and pays off the land contract when due, then all parties seemingly walk away from the transaction happy. However, in the event the buyer ...
Read More7th Circuit Reaffirms: Multi-Month Leave is Not a Reasonable ADA Accommodation
Posted by Attorney David McClurg in Employer-Employee Relationship, Labor Relations / Comments
Over a year ago, I reported on a case I was handling in which an employee with a non-work-related back injury requested an additional 2-3 months of leave to undergo back surgery after exhausting his three-months of FMLA leave on more conservative treatment alternatives. Because the employer needed to fill the employee's second shift lead position, and believed it would only be able to find a competent replacement if it ...
Read MoreThe Obama Overtime Rule is Dead
Posted by Attorney David McClurg in Employer-Employee Relationship, Labor Relations / Comments
Last November, a federal judge in Texas blocked implementation of the Department of Labor (“DOL") Rule that raised the salary an employee must earn to be exempt from federal overtime regulations from $455/week ($23,660/year) to $913 per week ($47,476/year). He held that the plaintiffs were likely to prevail on the merits of their argument that the DOL exceeded its authority by imposing such a large increase in the salary test. ...
Read MoreIs Your Leasehold Interest in Danger if Your Landlord Files Bankruptcy and Sells the Property?
Posted by Attorney David J. Espin in Bankruptcy / Comments
As the ubiquitous maxim goes, “hard cases make bad law." Although this is oftentimes accurate, in some instances hard cases prompt courts to undertake a detailed and thorough analysis of the law which can lead to well-reasoned decisions that create thoughtful and practically useful precedent. Such is the case in a pair of court of appeals opinions regarding the interplay between two important bankruptcy code provisions that appear to be ...
Read MoreEmployer-Friendly 7th Circuit Case Highlights Risk of Wage Claim for After Hours Email Communications
Posted by Attorney David McClurg in Labor Relations / Comments
The 7th Circuit Court of Appeals recently issued a decision that will be welcomed by employers, but also acts to remind us of potential trouble that employers face in connection with “after-hours" work performed on mobile devices. The case involved claims by Chicago police officers that they had not been paid for time they spent, after the end of their normal shifts, monitoring and responding to email messages on their ...
Read MoreGift Card Regulations: What Your Business Needs to Know
Posted by Attorney David J. Espin in Gift Cards / Comments
Gift cards are a recent trend many businesses are turning to in order to increase lagging sales, especially around the holidays when shoppers are looking for gifts that are versatile enough for those hard-to-please recipients. However, before you decide to use gift cards to give your company's sales a boost, you should familiarize yourself with the rules and regulations surrounding their sale in order to avoid litigation or a costly ...
Read MoreFederal Court Rules that a Company's Website Must be Accessible to Its Blind Patrons
Posted by Attorney David McClurg in Labor Relations / Comments
In the first lawsuit of its kind to go to trial, a Florida federal judge recently ruled that Winn-Dixie's website is a “place of public accommodation" subject to the ADA because it is “heavily integrated" with the company's physical store locations. (For example, prescriptions can be refiled on the website and then picked up at the pharmacy located in the store.) As a result, the Court ordered the Company to ...
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