The pandemic saw more employees working from home, and even now in 2023, there are still a large number of workers across the nation who continue to work remotely. Recently, the Department of Labor (DOL) issued guidance regarding how to apply Family and Medical Leave Act (FMLA) eligibility rules for employees working from home given the continued trend in remote work and telecommuting. Remote Workers Eligibility for FMLA Leave Eligibility for FMLA requires employment at a worksite with 50 … [Read more...]
Employment Discrimination Arrests & Convictions
The Wisconsin Fair Employment Act (WFEA) prohibits employers, employment agencies, labor unions, and licensing agencies from discriminating against employees and job applicants because of age; ancestry, color, national origin or race; creed; disability; genetic testing; marital status; military service; sex, sexual orientation, pregnancy and childbirth; other protected classes. For job candidates or employees with an arrest or conviction record, the Wisconsin Fair Employment Act goes further to … [Read more...]
Denied FMLA and FMLA Retaliation Claims
The Family Medical Leave Act (FMLA) provides covered employees the right to take unpaid leave for specific family and medical reasons with the continuation of group health insurance coverage. The FMLA entitles eligible employees to take 12 weeks of job protected, unpaid leave within a 12 month period: An employee must provide a 30 day notice of the need for FMLA leave if the need is foreseeable such as the birth or placement of a child or leave for an upcoming surgery. If … [Read more...]
Sexual Harassment and Arbitration Agreements
Arbitration agreements are common in employment contracts and, up until recently, many employees were often required to enter into employment agreements that forced them into arbitration to resolve allegations of sexual assault and harassment disputes. New Law Barring Forced Arbitration in Sexual Assault and Sex Harassment Disputes For a long time employees who were victims of sexual harassment in the workplace were not able to bring their grievances to a court of law because of a … [Read more...]
Severance and Termination Agreements
Employers are still feeling the financial pinch following the economic crisis that emerged during the Covid 19 pandemic. Unfortunately, many businesses have been forced to terminate employees, with more job losses forecasted in the coming months and years. When an employee is fired, some are presented with a severance or termination agreement, which may include a promise of severance pay and the continuation of insurance coverage in addition to the payment of unused sick days and vacation … [Read more...]
Reasonable Accommodations for Workplace Disabilities
The American with Disabilities Act (ADA) requires an employer to provide a reasonable accommodation if an employee becomes disabled. An employer may not discriminate against an employee because of a disability. If you have been wrongfully terminated because of a disability, you are strongly advised to work with an experienced employment law attorney to protect your rights. If a disabled employee can perform the essential functions of a job, a reasonable accommodation may … [Read more...]
Workplace Drug Testing
Every state allows employers to drug test job applicants at the time of hire. If an employer requires drug testing, they must follow certain procedures to prevent discrimination and to ensure that testing samples are subject to strict quality control. Drug Testing for Job Applicants Most states will allow applicant testing if the applicant knows the testing will be part of the screening process when they are offered the job. All applicants should be tested similarly in the same job and all … [Read more...]
Wrongful Termination and Employment Discrimination
Many employees that are unexpectedly terminated from their job are often left feeling betrayed by their employer, believing that they were treated unfairly and wondering if there is anything legally they can do to regain employment or hold an employer accountable. Although an employee may not agree with an employer’s decision to fire them, it is important to understand that in most cases, employment is at will, meaning an employer in the private sector has the right to terminate an employee … [Read more...]
Legal Relief For Sexual Orientation Discrimination
Sexual Orientation Discrimination and Employment Many of the federal anti-discrimination laws that protect individuals from discrimination based on sex, race, national origin and religion have not been extended to sexual orientation. However, in 2003 US Supreme Court decision in Lawrence v. Texas may have opened the door for increased protections against sexual orientation discrimination in the public sphere, including at work. Federal Measures Title VII, which provides for protection … [Read more...]
Wisconsin Non-Compete Agreements
If you land a new job only to realize that you signed a non-compete agreement with a previous employer years ago, you may wonder if there is anything you can do. That said, a non-competition agreement has to be reasonable. An agreement cannot bar a previous employee from working for a competitor or starting their own business indefinitely. Nor can it cover too broad of a geographic area. A reasonable non-competition agreement will typically restrict an employee from taking a similar job … [Read more...]
