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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 […]

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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 […]

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AFFORDABLE CARE ACT NOTICES ARE DUE OCTOBER 1

By: Alan M. Levy Every employer subject to the federal Fair Labor Standards Act (“FLSA”) is obligated to notify each of its employees of health insurance coverage options effective January 1, 2014. This notice must be provided by October 1, 2013 or, if later, at the time of the employee’s hiring. The U.S. Department of […]

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GOVERNOR WALKER’S BUDGET SUBSTANTIALLY CHANGES WISCONSIN’S UNEMPLOYMENT INSURANCE SYSTEM – FOR THE BETTER

By: Daniel Finerty Governor Scott Walker recently signed the 2013-2015 biennial budget bill, which was enacted as 2013 Wisconsin Act 20 (“Act 20”). Act 20 makes substantial changes and amendments to Wisconsin’s unemployment insurance law. This E-Alert summarizes the Act 20 changes. Initially, it is important to note that these statutory changes are currently in […]

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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 […]

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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 […]

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FINAL REGULATIONS ISSUED FOR WELLNESS PROGRAMS PERMITTED UNDER AFFORDABLE CARE ACT

By: Alan M. Levy A major element of the Affordable Care Act (the “ACA,” a/k/a “Obamacare”) is the prohibition against denying coverage due to a pre- existing condition or otherwise discriminating in coverage, premium cost, or benefits because of an individual’s health condition. “Wellness programs” typically seek to incentivize a healthy lifestyle by rewarding organized […]

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THE JOINT FINANCE COMMITTEE PASSES SUBSTANTIAL PRO-EMPLOYER CHANGES TO WISCONSIN’S UNEMPLOYMENT INSURANCE LAW, WHICH ARE NOW PART OF THE PROPOSED 2013– 2015 BUDGET BILL.

By: Daniel Finerty The 2013 – 2015 Biennial Budget bill currently in front of the Joint Financial Committee now includes Motion #506, which was passed yesterday by a vote of 12 – 4. Motion #506 contains a number of substantial amendments to the provisions of Wisconsin’s unemployment insurance (“UI”) law that are commonly cited by […]

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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 […]

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NEW INTERIM RULES FOR ACA RETALIATION CLAIMS

By:  John E. Murray The Affordable Care Act (ACA) created a new retaliation claim for employees.  An employee can bring a claim for retaliation if they have suffered some adverse employment action because: The employee receives a subsidy to purchase health insurance; The employee provides information to an employer or a government agency regarding a […]

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