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Wisconsin

Be sure ‘Shared’ employees don’t put you over FMLA limit

08/13/2008
Many small employers aren’t covered by the FMLA because they don’t have 50 or more employees. But if you’re considering adding temp help from an outside agency to handle a workload spike, get out your calculator first. If you’re not careful, you could wind up triggering FMLA liability for everyone who works for you …

Think the case is settled? Not until the employee signs on dotted line

08/13/2008
Sometimes, in the urge to quickly resolve an employment-related lawsuit, the employer, the employee and their lawyers agree on a settlement offer and assume the case is over. Big mistake!

New administration doesn’t signal open season for retaliation complaints

08/13/2008
Public employers can’t discriminate against applicants because they decide to speak out on matters of political importance. That would violate the First Amendment. And that protection includes the right to membership in a political party. But not every case that carries a slight whiff of politics winds up creating a big legal stink …

Discrimination-Free environment required, perfection a bonus

07/09/2008
The workplace has never been nor will it ever be utopia. Managers and supervisors won’t always see eye to eye with employees. Conflict is almost inevitable. Thus, courts don’t expect employers to provide perfect workplaces free of all strife. Judges expect employers to obey discrimination laws, but they also realize that not every slight or inconvenience is evidence of discrimination …

Make suggested ADA accommodation offer in writing

07/09/2008
Under the ADA, disabled employees are entitled to reasonable accommodations that enable them to perform the essential functions of their jobs. And employers are required to engage in what the law calls “an interactive process” to determine what accommodations may be possible. But “interactive” doesn’t imply you should approach the process casually …

Contemplating a RIF? Use clear criteria for who loses job

07/09/2008
In these difficult times, your organization may have to undergo a reduction in force (RIF). If you do, it pays to develop objective standards for who can stay and who must go. By outlining your plan and sticking with it, you reduce your chance of losing a lawsuit a former employee might bring. Remember that fired employees will visit an attorney, who will try to find a reason to sue you …

DOL can pursue visa pay violations even without a complaint

07/09/2008
Here’s a word of warning to employers that hire workers from overseas to fill critical jobs: A federal court has ruled that the DOL can investigate alleged violations of the H-1A visa program’s equal-pay requirements, even if no particular employee has complained. The ruling may mean more employers will find DOL investigators on their doorsteps …

Inability to sit does not constitute a disability

06/11/2008
Employees sometimes think that just about any minor medical or physical problem is a disability protected under the ADA. Simply put, that just isn’t the case. As the following case shows, being unable to sit for a few hours at a time isn’t a covered disability …

Government employees have limited free-Speech rights

06/11/2008
The days are just about over of public employees speaking out against their employers’ actions and claiming they were simply exercising their First Amendment right to free speech. The Constitution doesn’t provide protection for those acting in an official capacity …

Accommodated worker failing? You can terminate

06/11/2008
You have an obligation under state and federal disability laws to provide disabled employees with reasonable accommodations. But sometimes accommodations don’t improve attendance or performance. Sometimes the disabled employee doesn’t cooperate. In those cases, what are your options? …