Call Today 262-373-9786

Milwaukee Employment Law Blog

Survey: Americans commonly asked improper job interview questions

"Are you married?" "Are you or your partner pregnant?" "To which religion do you belong?" "How old are you?" Those are just some of the questions that can be used by job interviewers to discriminate against individuals in protected classes. Unfortunately, Americans are still being asked those questions in job interviews, a recent Associated Press-CNBC poll found.

The poll found that half of all Americans who have ever applied for jobs have been asked for information that could be used to discriminate against them. For instance, 35 percent of poll respondents said they had been asked for their age and about the same number said they had been asked about their marital status.

DOJ says mom and pop health care company committed Medicare fraud

Companies of all sizes may engage in business connected to government contracts. It is not only large, multi-national corporations that seek reimbursements for providing health care services or goods. The Department of Justice announced earlier this month that it is joining a lawsuit filed against a husband and wife team who allegedly ran a dramatic scheme to overbill Medicare for services through a process commonly referred to as “upcoding,” according to the Chicago Tribune.

Upcoding involves using the codes for more complex or more difficult services than were actually performed to receive more taxpayer money than is medically necessary or reasonable. The DOJ says that the upcoding was so exaggerated, at times, that it would take a doctor 24 hours or more in a single day to administer the care the company claims to have provided. Investigators performed time and distance analysis during the government investigation.

Separating ADA fact from fiction

It has been slightly more than 27 years since the passage of the Americans with Disabilities Act (ADA). Despite the years, myths about the landmark legislation persist among employers, employees and others.

The U.S. Department of Labor's Office of Disability Employment Policy (ODEP) dispels some of the persistent myths about the ADA with cold, hard facts. One of the more enduring fictions about the law passed in 1990 is that it forces employers to hire unqualified people with disabilities.

#MeToo stories fueling resistance to sexual harassment in the workplace

In the wake of revelations about film producer Harvey Weinstein, millions of women across America have been sharing their stories about sexual harassment in the workplace. Many of the experiences have been shared under the hashtag #MeToo.

PBS recently took a look at what impact the stories are having on people. For many, it appears that the #MeToo tales are making it clear that sexual harassment isn't confined to the casting couch or boardrooms, but that it exists in offices, factories, job interviews, restaurants, stores and more across the nation.

Harvey Weinstein fired amid sexual harassment allegations

It is not easy to come forward and tell the world about inappropriate workplace behavior. But in the past few days, we have again seen the power of truth-telling and how it can quickly start the process of righting wrongs. Legendary film producer Harvey Weinstein was recently ousted as head of the famous Weinstein Company he co-founded amid damning reports of years of abuse and sexual harassment of employees and others.

After the New York Times published the exposé late last week, negative publicity, condemnations and more revelations of sexual harassment began to swirl around one of Hollywood's most powerful figures. He quickly issued a statement that acknowledged that he had caused "a lot of pain," but the apology was itself criticized as a rambling, self-serving non-apology.

Federal appeals court limits extended FMLA leave accommodations

If you are injured or ill and can't immediately return to work after using all of your FMLA (Family and Medical Leave Act) leave, can your employer fire you? A federal appeals court ruling indicates that your employer might be required to grant you an accommodation of some extra days or weeks, but not two months or more.

The U.S. Court of Appeals for the Seventh Circuit appears to contradict the Equal Employment Opportunity Commission's policy of taking on employers that denied extended leave requests. Regular readers will recall that we wrote about a recent UPS settlement in which the package delivery company agreed to revise its leave policy that called for the termination of employees who could not return to work after a 12-week FMLA leave.

Gretchen Carlson discusses sexual harassment and more

She has commanded the nation's attention for a long time. Gretchen Carlson was named Miss America in 1989 and later rose to greater prominence as a host of the popular "Fox & Friends" political talk show. She became a household name, however, when she filed a lawsuit in July of 2016 against then Fox News Chairman and CEO Roger Ailes claiming sexual harassment.

Her lawsuit led not only to the ouster of Ailes, but to conversations around America about sexual harassment in the workplace.

Employers warned not to issue "retire or be fired" ultimatum

Sometimes a choice is not really a choice. Two examples of the no-choice phenomenon are found in Sophie's choice and Hobson's choice: in both, the person making the decision is forced into a no-win situation.

The same can be said of employees pushed out the door by an employer offering two objectionable options: retire or be fired. A business publication warns employers tempted to offer this "choice" that "a forced retirement is sometimes the legal equivalent of being fired." In some cases, the ousted employee will file a lawsuit citing violations of the Age Discrimination in Employment Act (ADEA) or the Wisconsin Fair Employment Act (WFEA).

Whistleblower To Receive More Than $1M In Opioid Scheme Lawsuit

The opioid epidemic has attracted nationwide attention. The Wisconsin Department of Health says that opioid overdoses took more lives than car accidents in 2015. While public officials in Wisconsin and nationwide continue to look for ways to get control over opioid abuse, the Department of Justice recently reached a partial settlement in a whistleblower lawsuit that centered around promoting opioid use. The overall lawsuit remains under seal as other defendants were not part of the recent settlement, according to the DOJ.

DOJ Says That The Drug Company Unfairly Promoted The Strong Opioid

The sound of justice: A whistleblower lawsuit

Millions of Americans depend on Medicaid for health coverage. Benefits help eligible low-income adults, children, the elderly, pregnant women and people with disabilities. Unfortunately, the joint federal and state program is often targeted by unscrupulous operators eager for a slice of Medicaid's more than $300 billion budget.

We read recently about a Texas health care system and hospital owner that has agreed to pay $12.2 million to settle a whistleblower lawsuit that alleged the company made illegal payments to county governments over an eight-year period. Christus Health was accused in the lawsuit of violating "the False Claims Act by making illegal donations to county governments, which were used to fund the state share of Medicaid payments to the hospital," the Department of Justice said in a statement.

Alan C. Olson & Associates | 2880 S Moorland Rd | New Berlin, WI 53151
Phone: 262-373-9786 | Toll Free: 1-888-742-9520 | Map & Directions