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June 2016 Archives

Company's health questionnaire violated ADA, GINA

Wisconsin workers may be interested to learn that a federal court has ruled that a poultry feed company violated federal anti-discrimination laws by making job applicants disclose their personal health histories before they could be considered for employment. The consent judgment, which was entered into on June 8, settled a lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of a job applicant with disabilities.

Updated FMLA poster released by Department of Labor

Most employers in Wisconsin and around the country with a staff of 50 or more are required to display a poster in the workplace that informs workers of their rights under the Family and Medical Leave Act.  The Department of Labor updated this poster on April 16, 2016. While DOL rules allow employers to keep their current FMLA posters in place, the federal agency does require company policies to be updated to reflect the latest changes. The DOL also provides employers with a comprehensive guide to help them ensure that they are in compliance with the 1993 law.

Woman's charges against WeWork found to have merit

Wisconsin residents may be interested in learning that the National Labor Relations Board found merit in the charges filed against WeWork by a plaintiff who was fired from her position at the office space sharing company. The employee also has a pending civil suit that she filed in California.

Workers in some states are paid while taking family leave

Though employees in Wisconsin can take family leave after a childbirth or adoption, the leave is usually unpaid. Under the Family and Medical Leave Act, full-time employees of employers subject to the federal law can take 12 weeks of unpaid time off per year for medical or family reasons. Now, some states are enacting their own family leave laws that allow employees to receive compensation for some of the wages they miss out on during a period of family leave.

Job protection when injuries, illnesses occur

Many employees in Wisconsin have their jobs protected by the federal Family and Medical Leave Act when needing to take time off work for certain reasons. One company and its employee are going to court because of a possible FMLA violation after the worker was fired when leaving because of a sudden illness.

Statute of limitations for FMLA complaints

One of the provisions of the Family and Medical Leave Act requires employers in Wisconsin and around the country to give their workers certain notifications, and they may face litigation when they are unable to establish that these required notices were received. One such case involved a supervisor at a Mississippi energy company who took medical leave to care for his ailing father in 2012.

Bank executive files whistle-blower discrimination complaint

Many Wisconsin residents use Bank of America for their various banking needs. On May 16, a female executive with BoA filed a 41-page complaint against the company in Manhattan federal court. In addition to gender discrimination allegations, the 42-year-old executive accused the nation's largest bank of engaging in illegal trading practices and violating whistle-blower protection laws.

Making the Family and Medical Leave Act work

The federal Family and Medical Leave Act has nuances that both Wisconsin employees and their supervisors need to understand in order to ensure the program works smoothly. A company's human resources department generally approves an employee's request for leave, but supervisors need to be aware of the act's regulations, too.

Alan C. Olson & Associates | 2880 S Moorland Rd | New Berlin, WI 53151
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