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P.O. Box 2155
Madison, WI 53701-2155
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Employment Law Blog Posts

U.S. Department of Labor Proposes Extending FMLA Benefits to Same-Sex Partners

July 10, 2014
by Colin Good

The U.S. Department of Labor announced on June 20, 2014, a proposed rule extending the protections of the Family and Medical Leave Act ("FMLA") to all eligible employees in legal same-sex marriages regardless of where they live. The proposed rule change would help ensure all families maintain the flexibility to deal with serious medical and family situations without fear of family members losing ... more->>

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LIRC Finds Employer Discriminated Against Job Candidate Based On His Conviction Record

July 02, 2014

On June 16, 2014, the Labor and Industry Review Commission (LIRC) issued a fair employment decision finding that RTS Distributors, an independent distributor of Kirby vacuum cleaners, discriminated against Donald Zunker, a job applicant, when it interviewed but failed to hire him due to his conviction record. The Commission also held that RTS violated the Wisconsin Fair Employment Act by posting ... more->>

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Employees Have Legal Access to Personnel Records Under Wisconsin Law

June 05, 2014
by Barbara Zack Quindel

When employees seek advice about an employment action – whether a denial of promotion, unfair discipline or evaluation, or termination – it is important to obtain your personnel file. Under Wisconsin law, every employee, including a former employee, can inspect and receive copies of any personnel document used by an employer. This may include: • documents used to assess qualifications for ... more->>

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Employers May Not Require Employees or Applicants To Give Them Access to Personal Social Media Accounts

June 02, 2014
by Katherine Charlton

Effective April 9, 2014, Act 208 prohibits employers, regardless of size, and including the State of Wisconsin, from requiring employees or applicants to provide passwords or other “access information” to social media sites, or other personal Internet-based accounts. “Access information” is defined as a user name and password or any other security information that protects access to a personal ... more->>

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Legal Protection for Wisconsin Taxicab Drivers with Criminal Records

May 29, 2014
by Danielle Schroder

Recent news coverage involving Madison taxicab drivers illustrates the stigma associated with labels such as “criminal,” “sex offender,” and “felon.” Once an individual has a criminal record, it can become very difficult to obtain employment. All Wisconsin employees with criminal records have legal employment rights, however, and generally they may not be denied employment, taxi driver permits or... more->>

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Can An Employer Take Away My Reasonable Accommodation?

May 15, 2014
by Colin Good

Title I of the Americans with Disabilities Act ("ADA") requires an employer to provide a reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause the employer an undue hardship. This article briefly discusses whether an employer, who has previously provided an employee with a reasonable ... more->>

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Wisconsin Supreme Court May Decide Whether Continued Employment Is Adequate Consideration for a Non-Compete Agreement

May 09, 2014
by Nicholas Fairweather

When an employer asks an existing employee to sign a non-compete agreement, Wisconsin law requires the employer to offer some sort of “consideration,” or valuable item or action, in exchange. The Wisconsin Court of Appeals recently asked the Wisconsin Supreme Court to decide whether continued employment, in and of itself, is sufficient consideration when asking an employee to sign a non-compete ... more->>

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Retired Employee Will Receive Retiree Health Benefits Despite Employer’s Resistance

April 14, 2014
by Katherine Charlton

As baby boomers seek to exercise rights under employer-provided retiree health insurance plans, they may face resistance from employers who seek to reduce their fringe benefit costs. One employer tactic is to argue the retiree does not qualify for the benefits. In Stoflet v. City of Eau Claire and L. E. Phillips Memorial Public Library, 2013 A. 2049 (Ct. App. Feb. 25, 2014), the employer refused ... more->>

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HIPAA Allows Most Employers to Share Private Employee Medical Info

April 10, 2014
by Summer Murshid

I often receive calls from current and former employees concerned that an employer has violated their HIPAA rights. HIPAA, or the Health Insurance Portability and Accountability Act of 1996, was enacted to ensure protection of protected health information or personally identifiable health information (PHI). In general, HIPAA protects from unauthorized disclosure any PHI pertaining to a consumer ... more->>

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Parental Involvement Leave Included in FMLA Enhancement Proposal

April 01, 2014
by Colin Good

FAMILY AND MEDICAL LEAVE RIGHTS IN WISCONSIN MAY IMPROVE Legislation was recently introduced in the United States House of Representatives that would allow more Wisconsinites to take unpaid leave to care for themselves or family members. The Family and Medical Leave Enhancement Act would extend Family and Medical Leave Act (FMLA) protections to individuals employed by companies with more than ... more->>

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