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Wisconsin

Benefits questions can trigger ERISA suit

10/18/2012
ERISA allows employees to sue if they believe they suffered retaliation for giving information or testifying in an ERISA proceeding. Until now, employers assumed that an employee had to at least make a formal complaint to the DOL before he could sue for retaliation. That’s no longer true.

State chart: withholding on supplemental pay

10/08/2012
STATE WITHHOLDING RATES: Here’s a chart summarizing how states handle income tax withholding on supplemental wages. Note: To get the full story on state tax rates, visit your state tax department’s website.

Court: Reporting student’s threat is protected speech

09/20/2012
A teacher who was fired after filing a police complaint against a student who threatened him at school has won the right to a jury trial.

Use rational criteria to make hiring decisions

09/20/2012
As long as hiring managers can logically explain why one applicant was selected instead of another, courts probably won’t question the choice.

Worker just mentions family member’s illness? That’s not adequate FMLA notice

09/20/2012
Good news on the FMLA front: A court has ruled that employees have to do more than merely mention that a family member is sick to trigger an employer’s FMLA obligations.

ADA alert: Make sure job descriptions spell out essential functions

09/20/2012

You don’t have to accommodate disabled employees who can’t per­­form the essential functions of their jobs under any circumstances. If making reasonable accommodations won’t help, the ADA doesn’t apply. But before you can make that argument, you must be able to show what those essential functions are.

Investigate or else! When harassment surfaces, HR inquiries and action could be worth millions

09/20/2012
If you can’t find a way to end persistent workplace harassment, a court may conclude that your organization acted recklessly in denying an employee’s civil rights. That may mean you’ll owe a huge punitive damages award.

Avoid FMLA suit: Cut slack for leave-takers

09/20/2012

Employees who are so sick they need FMLA leave certainly can’t perform essential job functions while on leave. Employers must alter their workload expectations accordingly. If they don’t, and then later punish the employee for poor performance, an FMLA interference lawsuit is almost sure to follow.

Past reviews don’t prove today’s performance

09/03/2012
The 7th Circuit Court of Appeals has concluded that just because an employee who has been demoted received good reviews in the past doesn’t mean that she is still meeting her employer’s legitimate expectations.

Suspect leave abuse? Consider surveillance to catch those trying to game FMLA system

08/21/2012
Absenteeism is a big problem for many employers. If you suspect that some employees are taking advantage of your leave programs, you can and should come up with a plan to catch them, as one employer recently did.