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P.O. Box 2155
Madison, WI 53701-2155
Phone: (800) 610-0040 or (608) 257-0040
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Employment Law Blog Posts

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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Wisconsin Age Discrimination Claim Survives Employer Request for Summary Judgment

March 27, 2014
by Nicholas Fairweather

Many employment discrimination cases are dismissed from court via “summary judgment,” where the court finds no evidence to suggesting a factual dispute or a violation of law. In a recent U.S. District court case, the court took the unusual direction of refusing to dismiss the case because it did find a factual dispute that should be decided by a jury. Age discrimination cases rarely survive the ... more->>

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Attorney Fairweather to Present at Employment Law Seminar

February 20, 2014

On April 23, 2014, Attorney Nicholas Fairweather will discuss The Affordable Care Act and Other Developments in Employment Law at a seminar titled "Human Resource Law: What you Need to Know Now." The program is sponsored by the National Business Institute.... more->>

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Legal Protection For Wisconsin Employees Whose Health Conditions Affect Their Work

February 12, 2014
by Danielle Schroder

Medical conditions complicate both personal and professional life, and can adversely affect work performance in myriad ways: You may be falling asleep at work, unable to concentrate on tasks, more irritable or operating at a slower pace. At least initially, you may not be able to identify the specific cause of your declining performance. Still, if you believe a health condition is affecting your ... more->>

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Murshid to Present at Plaintiff's Guide to Employment Discrimination Litigation Webinar

February 07, 2014

On February 13, 2014, Attorney Summer Murshid will join panelists to discuss a variety of topics relating to the practice of employment discrimination litigation. Specifically, Murshid will present on Case Selection and Intake, The Initial Court Complaint and Remedies and Damages. The program is sponsored by the National Business Institute.... more->>

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Gay and Transgender* Workplace Rights in Wisconsin May Improve

January 31, 2014
by Colin Good

U.S. Senate Passes Historic Anti-Discrimination Legislation The United States Senate recently passed a historic piece of legislation that would ban workplace discrimination against gay and transgendered* employees. On November 7, 2013, the Senate voted 64-32 to pass the Employee Non-Discrimination Act (“ENDA”) which would apply to all civilian, nonreligious employers with at least 15 employees.... more->>

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Employers Cannot Ask Their Employees to Provide Family Medical History

January 27, 2014
by Nicholas Fairweather

On January 13, 2014, the U.S. Equal Employment Opportunity Commission (EEOC), announced the resolution of a lawsuit it brought against a New York nursing and rehabilitation center. Under the terms of the settlement, the center must pay $110,400 to 138 employees who were asked to provide family medical histories as part of pre-employment medical exams. Arguing that family medical histories fall ... more->>

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Wisconsin Workplace Bullying: Know Your Rights

December 13, 2013
by Nicholas Fairweather

Bullying in the workplace recently came to the forefront of national news media when Jonathan Martin, a professional football player for the Miami Dolphins, walked away from his football career, citing unrelenting workplace bullying as the reason for his departure. While most employees do not work in a culture of aggression and physicality such as that of an NFL locker room, many employees across... more->>

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