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Milwaukee Employment Law Blog

Sports-gear retailer settles race discrimination, retaliation suit

If you go to the Fanatics website, you'll find a wide array of Milwaukee Brewers jerseys, t-shirts, caps, jackets, autographs and more. The online store stocks similar items for the Bucks, University of Wisconsin Badgers, Packers and virtually all other professional sports franchises and college teams. It's a dream come true for sports gear fans.

It's not an entirely pleasant dream, however. The site's owner, Fanatics Retail Group Fulfillment, LLC, recently agreed to settle a race discrimination, harassment and retaliation lawsuit for more than $320,000.

ERISA protections often a challenge for consumers to secure alone

September 2019 will mark 45 years since the signing of one of the more important laws affecting American employees, the Employee Retirement Income Security Act (ERISA). The 1974 law regulates certain benefits private employers can offer their employees.

ERISA governs employer-sponsored disability benefits

Insurance company settles FMLA lawsuit for $500,000

As one of the largest American health insurance companies, Humana has more than 50,000 employees in offices across the nation, including a couple here in the Milwaukee area. The company recently agreed to settle a FMLA (Family and Medical Leave Act) lawsuit for $500,000 with an employee who was fired from her job just two weeks after she returned from leave.

Before she took her leave, the employee had received excellent performance reviews and had been repeatedly promoted. Yet after returning to Humana from leave to give birth and care for her baby, she was terminated and told the firing was for violations of its "critical offenses policy."

Can you reduce your chances of being on long-term disability?

As an employee, you have probably heard of long-term disability insurance. Though, while you may see it as generally important, you may not think it is necessary for you.

However, if you become unable to work for an extended period of time due to an accident, injury or illness, you might need a long-term disability plan to help you cover your expenses. Although you probably cannot imagine something happening to you, an extended absence from work could be detrimental to your financial situation. But do you know how you can reduce your chances of becoming disabled?

Engine-maker settles wage and gender discrimination lawsuit

The most popular vehicles at the Dodge Ram dealerships in the Milwaukee area are the company's pick-up trucks. One of the most popular options on those trucks is a Cummins turbo diesel engine. Though Cummins is often lauded for its powerful, efficient engines, the Fortune 500 corporation has also come under criticism for discriminatory pay practices.

The company recently settled a gender pay discrimination lawsuit filed by a female former employee. The suit alleged that Cummins paid the woman less for her HR job than a male employee who performed the very same job.

Technology to make reporting workplace misconduct easier

Sometimes it seems as if the only thing that changes faster than technology is Milwaukee weather. Though we hold a world of information in our hands whenever we use our phones or laptops, it can still be difficult in some situations to get the right message to the proper person at the appropriate time.

A new platform has been developed to enable employees to more easily file sexual harassment complaints against a co-worker or company. Launched days ago, the BDA Ethics and Compliance Solution can also be used by Human Resources “to monitor false allegations, handle misinformation and avoid costly litigation,” a news article stated.

Survey: #MeToo is changing behavior in Milwaukee workplaces

There is no doubt that the #MeToo movement has changed the way Americans think about sexual harassment in the workplace. But has the movement changed behaviors? A recent survey by professional women’s organization Tempo Milwaukee was designed to help answer that question.

According to the organization, more than 36 percent of the women who responded to the survey said they believe that workplace sexual harassment is less common since the #MeToo movement began about a year and a half ago.

UPS workers deliver message with racial discrimination lawsuit

Every day, you can see the distinctive brown United Parcel Service trucks crisscrossing Milwaukee as their drivers pick up and drop off packages. While UPS can deliver your parcel anywhere in the world, the company is struggling with a serious employment law matter right here at home.

Nineteen workers at a UPS distribution center are suing the company over racial discrimination and harassment, claiming management at the center “enabled, tolerated, and purposefully promoted and encouraged a culture of racism and racially discriminatory conduct."

Medical Records Are Important For Successful LTD Insurance Claims

A disabling injury or medical condition can affect a worker’s ability to continue to work during the lengthy recovery period. Many workers anticipate the potential impact with long-term disability insurance. However, most workers are not familiar with the process of pursuing claims under LTD insurance policies. Medical records are important in LTD claims at every stage of recovery.

In some instances, the insurance company may not seem to agree with a person’s treating doctor. The insurance providers have their own physicians who read the documents provided in the insurance claim. Moreover, the insurance company medical review may include a patient’s entire medical file. Without ever speaking with the patient, the insurance company doctors may decide a condition does not qualify for benefits. Moreover, after initially providing LTD benefits, the insurance companies often decide to terminate benefits, even when the patient’s primary doctor says the person is not yet able to return to work.

Techs triumph: Comcast and contractor agree to $7.5 million settlement

Though Comcast is the nation's largest internet service provider and biggest cable TV company, its services and products aren't widely available in Milwaukee. If the company does make inroads here, it might well do so with O.C. Communications Inc., a contractor that provides Comcast with the technicians who go into customers' homes to install cable TV.

O.C. Communications Inc. says on its website that it "is only as good as its employees." But details of how O.C. Communications treats its employees were revealed in a federal wage-and-hour class-action lawsuit and those details paint a different picture. Techs complained that they were not paid overtime and that many were denied meal breaks and had to buy their own tools.

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