As labor and employment attorneys, we often sound like broken records in counselling our clients on the importance of documenting the performance deficiencies of poor performing employees. It cannot be overstated how compelling strong and contemporaneous documentation can be to demonstrate the actual reason an employer disciplines, demotes or terminates an employee who is not […]
Category Archives: Discrimination/Equal Rights
SUPREME COURT CLARIFIES RELIGIOUS ACCOMMODATION OBLIGATION
On June 1, the United States Supreme Court issued its decision in EEOC v. Abercrombie & Fitch Stores. The issue in the case was the scope of an employer’s obligation to accommodate the real or perceived religious beliefs and practices of employees and applicants. Samantha Elauf was a practicing Muslim who wore a headscarf to […]
Registration is Still Open!
Registration and a continental breakfast will be served beginning at 7:30 a.m. Click here to register. April 28, 2015 8:00 a.m. – 12:00 p.m. Sheraton Milwaukee Brookfield Hotel 375 South Moorland Road, Brookfield, Wisconsin This FREE half-day event will address current topics in labor, employment, benefits and worker’s compensation law and provide employers across industries with practical […]
With Same-Sex Marriage Permissible In Many States, Plan Sponsors Should Clarify the Rights Of Affected Children
By: Alan M. Levy and John E. Murray Two years ago, in United States v. Windsor, the U.S. Supreme Court held that the Defense of Marriage Act (“DOMA”) is unconstitutional in its requirement that “marriage” be defined as restricted to heterosexual couples. After that, regulations were issued which treated same-sex married couples as entitled to […]
Supreme Court Alters Pregnancy Accommodation Requirements for Employers
By Kristofor L. Hanson The U.S. Supreme Court on March 25, 2015, issued a decision that alters the landscape for employers under the Pregnancy Discrimination Act (“PDA”). In the decision, the Court held that employers are now required to assess their ability to accommodate a pregnant employee’s restrictions in a manner consistent with efforts to […]
Registration is now open for our Annual Compliance/Best Practices Seminar!
Registration and a continental breakfast will be served beginning at 7:30 a.m. Click here to register. April 28, 2015 8:00 a.m. – 12:00 p.m. Sheraton Milwaukee Brookfield Hotel 375 South Moorland Road Brookfield, Wisconsin This FREE half-day event will address current topics in labor, employment, benefits and worker’s compensation law and provide employers across industries with practical […]
EEOC Challenges Employer Wellness Programs
November 13, 2014 By: Alan M. Levy and Samantha J. Wood The Affordable Care Act (ACA) has recently popularized employer wellness programs. The Department of Labor and Health and Human Services are presenting the ACA as promoting such programs by encouraging employers to offer “rewards” for participation. According to the final regulations, such “rewards” can […]
DOL ISSUES GUIDANCE ON RIGHTS OF SAME-SEX SPOUSES FOR ERISA PLANS
By: Alan M. Levy On September 18, 2013 the U.S. Department of Labor (“DOL”) issued Technical Release 2013-04 to address ERISA rights for same-sex spouses after the Supreme Court’s decision in United States v. Windsor, 133 S. Ct. 2675 (2013), invalidated parts of the federal Defense of Marriage Act. Largely consistent with the equivalent discussion […]
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 […]
NEW FEDERAL REQUIREMENTS IMPOSING HIRING GOALS FOR VETERANS AND PEOPLE WITH DISABILITIES TO AFFECT APPROXIMATELY 171,000 COMPANIES
By: Laurie A. Petersen and Samantha J. Wood On August 27, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced a Final Rule that makes changes to the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act of 1973. These changes are intended […]