By: Ryan M. Spott and Joseph E. Tierney IV As the impact of the COVID-19 pandemic continues to heighten, many business owners are faced with making the extremely difficult decision to close their doors in an effort to help reduce the spread of coronavirus. Such decisions can trigger wage and hour factors, supply chain ripple effects and...

CBD in the Workplace
By: Abby S. Busler Cannabidiol (CBD) is the newest buzzword flying around the workplace. Employees are discussing CBD products and are potentially already using these products at home and in the workplace. The topic of CBD often becomes confused with marijuana. This article defines CBD, outlines the current regulation of CBD, and provides...

NLRB Decisions Hiding in Plain Sight
By: Abby S. Busler and James M. Kalny As the dust settles from the many events over the past few months, the Department of Labor (DOL) and the National Labor Relations Board (NLRB) have been working overtime to enact several new regulations and implement decisions which modify a number of key Obama-era regulations and prior NLRB decisions. As...

Workplace Complaints? Really nothing to complain about.
By: Anthony J. Steffek No matter the business, as long as humans are working with each other, there will always be conflict of some type. Certain conflict is “good” – for example, a debate in the workplace these days about which gentleman named “Aaron” is playing better football for a certain local team is good conflict. In the business...

Department of Labor Publishes its Final Rule to Overtime Law
By: Laurie E. Meyer On Tuesday, September 24, 2019, the Department of Labor published its Final Rule in connection with the so-called “white collar” overtime exemptions. The Final Rule, which goes into effect on January 1, 2020, raises the salary threshold for these overtime exemptions from $455 per week to $684 per week (equivalent to $35,568...

Employers: “Wisconsinize” Your Handbooks and Policies
By: Robert W. Burns Wisconsin has some unique qualities discovered by newcomers, among them cheese curds, booyah and supper clubs. New employers in Wisconsin, or those operated by national or international entities, may also encounter provisions of Wisconsin employment law that go beyond or differ from federal law. This article will highlight...

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...

Traveling to and from Work in Company Vehicles: Compensatory or Personal Expense?
By: Abby S. Busler Do your employees commute to and from work in company owned vehicles? Are your employees compensated for their travel time? Should employees’ commute times ever be considered paid work hours? These questions were answered in a recent Wisconsin Supreme Court decision, clarifying employee commute and compensation practices. As...
Qualified Plan Compliance Just Got Easier: New Self-Correction Options For Tax-Qualified Retirement Plan Errors
By: Davis|Kuelthau's Labor and Employment Team On April 19, 2019, the IRS released new procedures for correcting qualified retirement plan errors under its Employee Plans Compliance Resolution System (EPCRS). In particular, Revenue Procedure 2019-19 expanded the types of mistakes that can be corrected by a plan sponsor on its own, thereby...

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...