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 some of those…
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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…
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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 wage and hour…
Read Full ArticleBy: 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 avoiding the costly…
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The federal government has now finalized its rule allowing pre-dispute arbitration agreements in nursing homes. The final rule, announced July 16, abandons an Obama-era rule that would have banned pre-dispute arbitration agreements but never went into effect. Some restrictions are imposed under the final rule. In October 2016 the U.S. Centers for Medicare and Medicaid…
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By: Laurie E. Meyer and Abby S. Busler A couple common scenarios: Your longtime employee, Karen, tells you that she wants to take leave to care for her sick husband—leave that would certainly constitute “qualifying leave” under the Family and Medical Leave Act (“FMLA”) as you are a “covered” employer under the FMLA and Karen…
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By: Erin E. Kaprelian On June 24, 2019, the Supreme Court handed down its decision in Iancu v. Brunetti, addressing whether, in light of its previous holding in Matal v. Tam, the Lanham (Trademark) Act’s prohibition on registration of “immoral” and “scandalous” trademarks represents a violation of the First Amendment. Six justices joined the majority…
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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…
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By: Michael Van Someren One of the most exciting new topics in real estate is the creation of opportunity zones as part of the Tax Cut and Jobs Act of 2017. Recently, the IRS issued additional guidance on the use of opportunity zones in the form of proposed regulations. Based on the proposed regulations, the…
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By: Tiffany E. Woelfel and Sherry D. Coley In a highly-anticipated opinion, released in April 2019, the Wisconsin Supreme Court clarified the liability of individual members of Limited Liability Companies (“LLCs”) to the LLC and the other members. In the case of Marx v. Morris, the Wisconsin Supreme Court held that individual members of an…
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