February 16, 2015 By: Alan M. Levy and Oyvind Wistrom On February 12, 2015 the Wisconsin Supreme Court held that Milwaukee County could eliminate its payment of Medicare Part B premiums for otherwise eligible employees who retired more than three months after its adoption of ordinance amendment to that effect. Wisconsin Federation of Nurses and […]
Category Archives: Court Decisions & Legislation
Wisconsin Supreme Court Rules that Municipalities May Implement Prospective Reductions in Employee Benefits
December 29, 2014 By: Alan M. Levy On December 19, 2014, the Wisconsin Supreme Court issued its decision in Stoker v. Milwaukee County and Milwaukee County Pension Board. In 2011, the County had amended its previous ordinance to reduce the multiplier used to calculate the amount of a person’s pension payments from 2% to 1.6% […]
SUPREME COURT RULING FORCES EMPLOYERS TO RECONSIDER BENEFITS FOR SAME-SEX COUPLES
By: John E. Murray and Samantha J. Wood In June 2013, the United States Supreme Court invalidated the federal law defining marriage as the union of one man and one woman. That decision complicates the administration of FMLA leave for multi-state employers and employers in states (like Wisconsin) which have not recognized same-sex marriages. For […]
WI COURT OF APPEALS HOLDS MUNICIPAL EMPLOYERS MAY MODIFY RETIREE HEALTH INSURANCE BENEFITS
By: Alan M. Levy On October 1, 2013 the Wisconsin Court of Appeals held that Milwaukee County could eliminate the reimbursement of Medicare Part B premiums for employees who had not retired before that modification took effect on April 1, 2011. Reversing the decision below, the Court held that the Supreme Court’s decision in Loth […]
WORKPLACE SOCIAL MEDIA LEGISLATION INTRODUCED IN THE WISCONSIN SENATE AND ASSEMBLY
By: Daniel Finerty Wisconsin legislation was recently introduced in the State Senate and Assembly, Senate Bill 223 and Assembly Bill 218 (generally, “legislation”), respectively, limiting employer access to, and observation of, an employee’s social media accounts. Because Wisconsin does not currently have any law expressly regulating employers in this area, the legislation was introduced in […]
CLEAR VICTORIES FOR EMPLOYERS IN RECENT SUPREME COURT DECISIONS ON TITLE VII CLAIMS
By: Oyvind Wistrom Last week, the United States Supreme Court decided two highly anticipated Title VII employment cases, with both coming as significant victories for employers. Both decided by narrow 5-4 majorities, the first case distinguish between supervisors and coworkers for the purpose of vicarious liability under Title VII harassment claims. The Court held that […]
D.C. CIRCUIT INVALIDATES NLRB POSTING RULE
By: Thomas W. Mackenzie The Court of Appeals for the District of Columbia issued a decision on May 7, 2013 which invalidated a rule issued by the National Labor Relations Board (NLRB) requiring employers to notify workers of a right to unionize. The rule was originally promulgated in 2011, but was never implemented. The NLRB […]
FEDERAL COURT OF APPEALS DECISION MAY VOID ALL NLRB DECISIONS ISSUED AFTER JANUARY 4, 2012 DUE TO THE LACK OF QUORUM
By: Daniel Finerty After President Obama’s re-election, many employers assumed they would be faced with an aggressive and re-invigorated National Labor Relations Board (“Board”). However, last Friday’s decision from the District of Columbia Court of Appeals may slow the Board, at least in the short term. Noel Canning Div. of Noel Corp. v. National Labor […]
STATE LAW PLACES ELECTION RESTRICTIONS ON PRIVATE EMPLOYERS
By: John E. Murray Many employers believe the upcoming election could have a significant impact on their business. This belief has led some employers to share these opinions with their employees. Normally there is nothing wrong with political discussions in the workplace. However, Wisconsin prohibits political discussions which unfairly influence how employees will vote. Wisconsin […]
SEVENTH CURCUIT INCREASES DTY OF EMPLOYERS TO REASSIGN DISABLED WORKERS
By: John E. Murray Under the American’s with Disabilities Act, and most state discrimination laws, employers must make reasonable accommodations for qualified disabled workers. When no accommodation would allow the employee to remain in his or her current position, employers must consider reassignment to a vacant position for which the employee is qualified. In a […]