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Wisconsin

Access to Personnel Files: 50 State Laws

02/16/2024
No federal law grants employees the right to inspect their personnel files. However, many states do give employees that right and spell out the terms under which employees are allowed to inspect their files. Here’s a state-by-state list of laws governing access to personnel files.

Tick tock, watch work off the clock

11/21/2023
Would you know compensable working time if you saw it? If you pay for noncompensable working time anyway, you can put conditions on your payment. Two cases illustrate.

Be prepared to prove why remote work isn’t a reasonable disability accommodation

09/25/2023
In many cases, disabled workers qualify for telework as an ADA reasonable accommodation if working from home instead of an office enables them to perform their job’s essential functions. However, that doesn’t mean employers must always grant a request to work remotely. If the job simply can’t be done offsite, then telework isn’t a reasonable accommodation.

Court dismisses EPA case as push for pay equity intensifies

01/18/2023
To win an EPA case, the worker must show that the opposite sex was paid more for “equal work requiring substantially similar skill, effort and responsibilities performed under similar working conditions.” That’s increasingly difficult in a work environment where numerous new jobs rely on extremely specialized skills, making it almost impossible to prove jobs are substantially similar enough to allow a comparison.

Ask these questions to determine what’s an essential function

12/07/2022
Whether employers must provide a reasonable accommodation depends on whether a proposed accommodation allows the disabled employee to perform the essential functions of their job. If no accommodation is possible, the employee isn’t qualified and, therefore, not protected under the ADA. You don’t have to hire or retain him.

Boorish behavior or harassment? Know the difference

10/26/2022
Not every crude comment or poorly received joke amounts to sexual harassment. An older federal appeals court decision overturning a sexual harassment jury award offers tips on what qualifies as illegal sexual harassment and where to draw the line.

Don’t discourage employees from taking FMLA leave!

10/25/2022
The Supreme Court declined to hear an Illinois case involving a corrections officer who claimed a manager told him that he would be disciplined if he took any more FMLA leave.

Consider writing FMLA ‘script’ for supervisors

06/16/2022
The FMLA has a built-in punishment for employers that discourage workers from taking FMLA leave. Those workers can sue for interference with their FMLA rights even if they were never denied time off. All it takes is for a supervisor to informally warn a subordinate that asking for FMLA leave could have workplace consequences.

Appeal? Think twice about fighting losing battles

05/05/2022
In July 2021, we reported on a case in which a fired Walmart employee with Down syndrome won a disability discrimination lawsuit. A jury ordered the retailer to rehire her with back pay—and awarded her $125 million in damages (an amount later capped at $300,000 under Title VII). Now Walmart has appealed.

Act fast to lessen liability for racial harassment

03/31/2022
As distasteful as bigoted speech may be, an employee’s single use of a racial slur isn’t always grounds for a successful harassment lawsuit—if the employer swiftly punishes the offending employee and it doesn’t happen again.