Employee Benefits
Can Employees Use FMLA Leave to Attend IEP Meetings at Their Children’s School?

Can Employees Use FMLA Leave to Attend IEP Meetings at Their Children’s School?

By: Abby S. Busler and Laurie E. Meyer Recently, the United States Department of Labor (DOL) issued an opinion letter addressing whether an employee may take leave under the Family and Medical Leave Act (FMLA) to attend a meeting to discuss the Individualized Education Program (IEP) of the employee’s child. In the situation posed to the DOL, an...

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Seventh Circuit Finds Obesity Alone is Not a Disability Under the ADA

Seventh Circuit Finds Obesity Alone is Not a Disability Under the ADA

By: James M. Kalny On June 12, 2019, the Seventh Circuit Court of Appeals issued a decision in the case of Richardson v. Chicago Transit Authority holding among other things, that obesity is not an impairment under the Americans with Disabilities Act (ADA) absent the showing of an underlying physiological cause.  As 32% of adults in Wisconsin are...

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Department of Labor Proposes New Changes to Overtime Law

Department of Labor Proposes New Changes to Overtime Law

By: Laurie E. Meyer On Thursday, March 7th, 2019, the U.S. Department of Labor (“DOL”) issued its long-awaited proposed rule to change the minimum salary threshold for overtime eligibility. According to the DOL, this proposed rule would make more than a million more American workers eligible for overtime. First, a little bit of history. Under...

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What is the Post-Election Outlook for Employment Law?

What is the Post-Election Outlook for Employment Law?

By: Bruce B. Deadman The “Blue Wave” many pundits predicted did not result in the flipping of both houses and a total shift in the political control of the Wisconsin and federal governments. Nonetheless, both the Wisconsin and Federal governments have divided control for the first time in many years. What, if anything, does that mean for state...

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IRS Announces 2019 Benefit Plan Dollar Limits

By: Davis|Kuelthau's Labor and Employment Team The IRS has released adjusted dollar limits for employer-sponsored retirement and welfare plans, as well as for individual retirement vehicles, effective as of January 1, 2019. Most of these limits have been increased for the coming calendar year. In addition, the Social Security Administration...

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Handbooks after Boeing–Reasonableness in the NLRB?

By: James M. Kalny Regardless of whether a company is unionized it is subject to Section 7 of the National Labor Relations Act (the “Act”) which guarantees employees the right: to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted...

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What is the Post-Election Outlook for Employment Law?

REMINDER: It’s Time for School Districts, Municipalities and Other Tax-Exempt Entities That Sponsor 403(b) Plans to Adopt New Pre-Approved Documents

By Bruce B. Deadman Reminder: It’s not too soon for sponsors of 403(b) plans to start the process of adopting IRS pre-approved plan documents. Under a new program, local governments, school districts and other tax-exempt entities that sponsor retirement plans under Section 403(b) of the Internal Revenue Code (the “Code”) can for the first time...

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Is it an Employment Agreement or a Deferred Compensation Plan? It could be both.

By D|K's Labor and Employment Team Deferred compensation rules under Internal Revenue Code Section 409A cover a broad range of post-employment payment arrangements. Do you have a deferred compensation plan hiding in an employment contract or employee handbook? Internal Revenue Code Section 409A provides detailed rules applicable to deferred...

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