Alan C. Olson & AssociatesMilwaukee Employment Law Blog | Alan C. Olson & Associates2024-02-28T16:47:05Zhttps://www.milwaukeeemploymentlawattorneys.com/feed/atom/WordPressOn Behalf of Alan C. Olson & Associateshttps://www.milwaukeeemploymentlawattorneys.com/?p=507902024-02-28T16:47:05Z2024-02-26T22:57:15Z pay employees what they are owed.
In some instances, this can be blatant, as when an employer simply refuses to pay their workers, or pays them with checks that bounce. In other cases, it can be quite subtle and hard to detect. In some cases, employers do it deliberately, but they can also do it unintentionally.
A report by the Economic Policy Institute found that between 2017 and 2020, American workers recovered $3 billion in unpaid wages by taking legal action. However, the EPI noted that most wage theft goes unreported, and so the actual dollar amount of stolen wages is undoubtedly much, much higher.
Examples of hard-to-spot wage theft
It's easy to understand some instances of wage theft. For instance, an unscrupulous employer might simply fail to pay workers or pay them with checks that bounce. This happens all too often to day laborers and others in temporary positions.
But there are also examples that the workers themselves might not recognize as theft. These can include meal times or other breaks that a worker earned but was not allowed to use. For instance, if an employee clocks out for a lunch break, but then is forced to work through the break, they may not be paid for the work they performed during the break.
Some examples are even more subtle. For instance, employers may not reimburse their employees for expenses, such as the cost of a uniform.
In some cases, the dollar amounts may be minor, but they can add up over time. For instance, many employees are misclassified into job categories that make them exempt from overtime rules or benefits, and so they end up being denied the full compensation to which they are entitled under the law.
Wisconsin law
Under Wisconsin law, workers can file a claim with the Department of Workforce Development if they have not been paid, or if they have had a dispute with their employers over owed wages. Those who are considering their first steps should contact an attorney at Alan C. Olson & Associates with experience in wage and hour laws.]]>On Behalf of Alan C. Olson & Associateshttps://www.milwaukeeemploymentlawattorneys.com/?p=507912024-02-06T15:54:54Z2024-02-05T15:02:45ZAccording to the U.S. Department of Justice, Community Health Network, based in Indianapolis, knowingly submitted claims to Medicare that were referred in violation of the False Claims Act and the Stark law.
The Stark law
The Stark law forbids a hospital from billing for certain services that are referred by physicians that the hospital has a financial relationship with. The hospital may only submit claims for these services if the physician’s compensation is relatively equal to fair market value and not based on the number of referrals to the hospital.
In the case above, the compensation Community Health Network allegedly paid to its physicians was above fair market value. Additionally, bonuses were apparently awarded to physicians based on their referral volume.
The complaint went on to state that Community Health Network then submitted claims to Medicare for services based on these illegal referrals.
The unlawful scheme is alleged to have begun in 2008 or 2009. According to the complaint, a valuation firm was hired to analyze the compensation being paid to the physicians.
However, Community Health Network was accused of intentionally providing the valuation firm with false compensation figures for the physicians and ignoring warnings by the firm that inflating the physicians’ salaries was illegal.
In addition to paying the $345 million to settle the lawsuit, Community Health Network will sign a five-year corporate integrity agreement with the U.S. Department of Health and Human Services Office of the Inspector General.
The purpose of the Stark law is to protect Medicare patients by ensuring that the care they receive from their doctor is based on their medical needs and not on their doctor receiving more money.
The False Claims Act
This type of lawsuit alleges a violation of the False Claims Act, which prohibits submitting false claims or using false records to defraud the federal government.
As a private citizen, you could find yourself in a situation where you are aware that a person or business is committing this type of fraud and wonder what you can do about it.
You can file a lawsuit on behalf of the federal government. These lawsuits are called qui tam actions but you may hear them referred to as whistleblower lawsuits.
The medical and healthcare industry are often the subject of whistleblower lawsuits. Previous whistleblower lawsuits have involved submitting false claims, billing for unnecessary tests, double billing or HIPAA violations.
Your role as a whistleblower
Whistleblower lawsuits can be complex, but those who defraud the government should be held accountable.
If you believe you have a valid whistleblower claim, it is best to talk with the attorneys at Alan C. Olson & Associates, who are experienced in this area to make sure your rights and confidentiality are protected and you take the proper next steps.]]>On Behalf of Alan C. Olson & Associateshttps://www.milwaukeeemploymentlawattorneys.com/?p=507862023-12-14T05:39:55Z2023-12-19T22:19:19ZRetaliation claims
The answer to the above question depends on the exact circumstances, but it's quite possible that a case like this could lead to a claim of wrongful termination on the basis of unlawful retaliation.
The FMLA not only gives you the right to take leave from work, it also protects you from retaliation when you return to work. This means that the employer cannot take adverse action against you because you exercised your rights under the FMLA. Adverse actions include not only termination, but demotion, pay cuts and other actions.
If you feel you have been retaliated against because of your protected leave, you can file a complaint with the Wage and Hour Division of the Department of Labor. The agency can then begin an investigation.
The FMLA also gives you the right to sue the employer within two years.
If successful, you can recover damages to compensate you for the wages you lost due to your employer's unlawful behavior. In some cases, courts will award double your compensatory damages if they find an employer acted in bad faith.
Proving your case
To be successful, you must show:
You engaged in behavior that was protected under the FMLA.
You suffered an adverse action at work.
The adverse action was connected to your protected behavior.
The employer had no legitimate reason for taking the adverse action.
The first two of these requirements may be easy enough to establish. The second two can be quite difficult.
The employment law attorneys of Alan C. Olson & Associates help workers understand their rights and legal options.]]>On Behalf of Alan C. Olson & Associateshttps://www.milwaukeeemploymentlawattorneys.com/?p=507812023-12-04T14:00:14Z2023-12-05T13:00:47Zworkplace discrimination. As a result, these workers can face discipline and even termination for work performance that otherwise could’ve been avoided through accommodations.
Reasonable accommodation request errors you’ll want to avoid
There are several mistakes that can be made when requesting a reasonable accommodation. Here are some of the most common:
Being unsure of how to ask for an accommodation: A lot of disabled workers put off asking for an accommodation simply because they don’t know how to go about making such a request. This delay in asking is detrimental, as it could put them at risk of being subject to a poor performance review or discipline.
Not having proper documentation: Your employer isn’t required to grant you an accommodation just because you asked for it. They have the right to ask for medical documentation that shows your diagnosis and the justification for the accommodation. If you don’t secure this documentation or you put it off too long, then you put yourself and your job in danger.
Assuming that your employer will reject your request: Some workers think that their request will be denied, so they don’t see the point in moving forward with it. But this causes you to miss out on an opportunity to properly adhere to your job duties, keep your job, and even advance in your career.
Being unwilling to negotiate: Your employer might deny your initial request, but that isn’t necessarily the end of the process. Your employer might be willing to negotiate alternatives to your initial request that are easier for them to accommodate. You should be receptive here before writing it off as something you’ll never be able to achieve, as you might find common ground. Even if you don’t, this negotiating could help support your arguments if you end up taking legal action.
Being afraid of legal action: A lot of people don’t like conflict. But you have to be willing to aggressively pursue what you deserve in the workplace. If you don’t, then your rights could be violated, putting you in a difficult position. So, you’ll need to be prepared to advocate for yourself, whether through negotiations or litigation.
Know how to take advantage of your rights under the ADA
You have a lot of rights as a worker. If you get to a point where legal action is warranted, reach out to our experienced attorneys at Alan C. Olson & Associates.]]>On Behalf of Alan C. Olson & Associateshttps://www.milwaukeeemploymentlawattorneys.com/?p=507772023-12-04T14:47:20Z2023-12-04T14:03:50Zpregnant women in the workplace. In this blog post, we will go into more detail about another new federal law that protects the rights of nursing mothers when they are at work.
The Providing Urgent Maternal Protections for Nursing Mothers Act, known as the PUMP Act, went into effect April 28 of this year. It is aimed at providing nursing mothers the right to express breastmilk while they are at work using a breast pump.
Many women workers have to do this in bathrooms, their cars or in an unused office at their workplace. Many have had to do this during unpaid breaks.
How the previous law fell short
Some workers already had this right under the Fair Labor Standards Act, or FLSA, but the FLSA did not cover all workers. Many occupations, such as teaching, fell outside the scope of the FLSA.
Even for those who were covered under the law, the FLSA did not provide them with a right to take legal action against an employer who infringed upon their rights. This meant the previous version of the law was essentially unenforceable.
Expanded protection
The PUMP Act expands the number of workers covered under the FLSA's protections. The majority of employers now must provide "reasonable break time" to employees who are nursing mothers for up to a year after the birth of their child. They must also provide these employees with a private area other than a bathroom in which to pump breastmilk. This area must be free from intrusion by coworkers or the public. Moreover, the PUMP Act provides that, if the worker is not relieved from work duty during this time, pumping time should be counted as work time for the purposes of calculating minimum wage or overtime.
The PUMP Act also puts some enforcement power behind these protections. Workers now have the right to file a lawsuit against an employer who has violated their rights under the law or retaliated against them for exercising their rights.
Although the PUMP Act covers many workers who were previously unprotected, it doesn't cover everyone. The law applies only to employers engaged in interstate commerce who do at least $500,000 in annual business. Employers are excused from their obligations under the act if compliance would impose an undue hardship. Certain very small employers may be exempt, as are certain types of jobs.
Still, the good news is that the PUMP Act protects many workers, allowing them the opportunity to provide their infants with breastmilk while keeping their employment. It also gives them the right to stand up for themselves when employers trample their rights. If you need legal guidance, call Alan C. Olson & Associates.]]>On Behalf of Alan C. Olson & Associateshttps://www.milwaukeeemploymentlawattorneys.com/?p=507782023-12-01T17:07:13Z2023-10-24T16:05:52Zworkplace discrimination to a stop and seek compensation for the harm that’s been caused to you.
Where to look for evidence of workplace discrimination
Employers make many mistakes, and catching them can help support your workplace discrimination case. Here are some places that you can look for those mistakes:
Documentation: Very rarely are workplace discrimination cases proven through direct evidence of discriminatory acts. Instead, they are proven through circumstantial evidence, which is most often found in written communications. Therefore, you’ll want to keep the written correspondence that you have with your co-workers, your supervisor, other members of management, and your employer’s human resources department.
Keep in mind that anything you put in writing could eventually be used in court against you. So, be careful with what you say and how you respond to your employer.
Misapplied policies: Your employer probably has strong anti-discrimination policies in place. But in practice, your co-workers might fail to abide by these policies. If you and other witnesses can testify to this fact, then you’ll be in a better position to argue that claims of workplace discrimination weren’t taken seriously.
Lack of progressive discipline: If your employer fires you for “poor performance,” then there should be a strong track record of your performance issues. But all too often, employers who engage in discriminatory behavior let employees go without providing them with notice of the alleged performance issue and giving them an opportunity to correct it.
If you suffer an adverse employment action, such as demotion, reassignment, or termination, then you should find evidence showing your employer’s lack of discipline for the identified issues. This will then force your employer to show that it took the adverse employment action against you based on some other non-discriminatory reason, which can be difficult to do.
Changing stories: Once an employer realizes they’ve been called out for discrimination, they sometimes change their story to try to get on safer legal ground. But this abrupt shift in justifications can be a mistake on their part, giving you the opportunity to highlight their contradictory positions.
Bad interview questions: A hiring decision should be based on an individual’s qualifications and their fit for the position. But sometimes questions are asked during the interview process that are indicative of discrimination. This can include questions about time off needed for religious holidays, an intent to have children, or how long an individual plans to work before retiring.
There are a lot of other mistakes that your employer might make that leave the door open for a workplace discrimination or wrongful termination lawsuit. You just have to be on your toes and on the lookout for anything that you feel is suspicious.
Don’t be afraid to take action for workplace discrimination
Being exposed to workplace discrimination is unfair and unjust. It can have a profound impact on your career and your future, too. With so much on the line, you owe it to yourself to take action against your employer if they’ve discriminated against you. Fortunately, you can have a legal ally on your side who can help you fight for the outcome you deserve. Reach out to Alan C. Olson & Associates for trusted guidance.]]>On Behalf of Alan C. Olson & Associateshttps://www.milwaukeeemploymentlawattorneys.com/?p=507662023-09-19T16:15:30Z2023-09-12T16:15:11ZLegal frameworks
The United States has legislation in place to protect whistleblowers. These laws establish mechanisms to encourage reporting, provide legal remedies for retaliation and ensure confidentiality. Whistleblower protection laws vary in scope and coverage, but they generally aim to shield individuals from adverse employment actions or legal repercussions resulting from their disclosures.
Confidentiality and anonymity
Whistleblower protections often include provisions to maintain the confidentiality and anonymity of individuals reporting misconduct. This helps alleviate concerns about reprisals and encourages individuals to come forward without fear of retaliation. Confidential reporting channels and procedures exist to ensure that whistleblower identity remains protected.
Anti-retaliation measures
Employers or individuals who take adverse actions, such as termination, demotion or harassment, against whistleblowers can face legal consequences. Anti-retaliation measures send a clear message that whistleblowers are valuable and that taking measures against them is illegal.
Financial incentives
Some whistleblower protection programs offer financial incentives as a means of encouraging individuals to report misconduct. Whistleblowers may be eligible for rewards or a percentage of monetary sanctions imposed on wrongdoers.
Internal reporting mechanisms
Whistleblower protections often encourage individuals to report internally before resorting to external channels. Internal reporting mechanisms allow organizations to address and rectify issues internally, promoting a culture of accountability and responsible governance. However, if internal reporting fails to address the misconduct adequately, whistleblowers are safe to seek external avenues for reporting.
Public interest disclosures
Whistleblower protections extend to disclosures made in the public interest. This includes reporting actions that may harm public health and safety, environmental damage or systemic abuses.
Keeping whistleblowers safe
Whistleblower protections are essential for creating an environment that encourages individuals to expose wrongdoing without fear of adverse consequences. They play a crucial role in promoting transparency, accountability and ethical behavior within society. If you have information that is valuable to the public interest, contact Alan C. Olson & Associates to help you protect your rights as you serve your community without fear of retaliation.]]>On Behalf of Alan C. Olson & Associateshttps://www.milwaukeeemploymentlawattorneys.com/?p=507692023-08-14T18:21:12Z2023-08-14T06:00:21Zreasonable accommodations for a pregnant employee.
Thinking about the Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act, or PWFA, requires covered employers to accommodate the limitations that the employee is experiencing because of the pregnancy, childbirth or related medical conditions. Another recent federal law, the Providing Urgent Protections for Nursing Mothers Act, or PUMP Act, gives added protections to employees who need to pump their breast milk at work.
These laws only relate to the accommodations themselves. There are other laws that have been in place for a long time that prohibit employers from firing or discriminating against workers because they are pregnant, have given birth recently or have some other related medical condition to the pregnancy and childbirth.
Who is protected by these laws?
The PWFA protects applicants of covered employers who have experienced a limitation because of pregnancy, childbirth or a related medical condition. The term "covered employer" includes employers from both private and public sectors that employ a minimum of 15 employees, Congress, government agencies, labor organizations and employment agencies. The older laws were not adequate to protect pregnant employees. Those laws did not take into consideration the limitations that a pregnant woman faces on the job, which caused many dangerous situations.
What does 'reasonable accommodations' mean when it comes to pregnant workers?
That term means that changes will be made to the work environment or to the way that business is conducted to accommodate the pregnant employee. The following are some other examples:
The worker's ability to sit and drink water
Park closer to the building
Have flexible work hours
Receive work uniforms and personal protective equipment that fit
Get extra breaks to use the restroom, eat and rest
Take time off after the birth to recover
Be excused from performing duties that may be unsafe for the unborn child
Are there things that a covered employer is not allowed to do?
There are some things that covered employers are not allowed to do legally. They cannot:
Force the employee to accept an accommodation without discussing it first
Deny a position or other job opportunity to the employee if they are qualified based on the fact that they need the extra accommodation
Insist that the employee take a leave of absence if a reasonable accommodation can be made that would allow the employee to do their job safely and successfully
Retaliate against the employee if they reported discrimination according to the PWFA
Enforcing the PWFA enhances the worker's rights
The PWFA is a positive change and will make your life much better if you are pregnant and working. You need to protect your rights and the law goes a long way to doing that. All employees should be protected under the law and there are other laws that protect you in other ways so that your work environment is free from discrimination. The PWFA adds another dimension to supporting your rights and ensuring that your work experience is as positive as possible. Alan C. Olson & Associates helps workers to understand and assert their rights.]]>On Behalf of Alan C. Olson & Associateshttps://www.milwaukeeemploymentlawattorneys.com/?p=507642023-07-24T14:05:46Z2023-07-24T14:05:46ZFive signs that you may have experienced age discrimination
Even though age discrimination has been illegal under employment law for 50 years, career counseling experts recommend that you look out for the following five signs indicating your employer may be working against you:
Older workers are fired or offered buyouts and replaced with younger people
You are reassigned to undesirable duties
Supervisors and coworkers comment about your age
You no longer get pay increases
Performance reviews begin to tank
Hiring younger workers doesn't necessarily indicate age discrimination. Still, when you see the same type of younger person hired repeatedly, this practice is known as culture fit, a more delicate term for age discrimination. Job reassignment is one of the most apparent signs that your employer wants you to leave. Sometimes, this practice can occur with a lack of pay raises, but the latter can become tricky if you are at the top of the pay scale. If your performance reviews begin to tank for no reason, especially if you see other signs along with it, that is a clear red flag.
Age discrimination often begins subtly
You may not realize at first that you are a victim of age discrimination, but the practice is surprisingly commonplace in Wisconsin. The practice frequently begins with tacky comments about your age or habits you may have that your younger co-workers may not have. Supervisors may start to ask if you have any plans to retire soon. Although almost every workplace has employees who may make untoward comments, if you see a pattern of age-related comments that occur weekly or daily, you're most likely experiencing age discrimination.
Employment discrimination of any type is illegal under state and federal laws. If you document incidents, you may have a case against your employer. Reach out to the attorneys at Alan C. Olson & Associates to talk about your situation.]]>On Behalf of Alan C. Olson & Associateshttps://www.milwaukeeemploymentlawattorneys.com/?p=507592023-06-15T18:51:35Z2023-06-15T18:51:35ZDon't act quickly
One of the easiest ways to leave money on the table is to accept the company's initial offer. Instead, it may be best to walk out of your manager's office for a few minutes to think about your next move. It's possible that you'll have multiple days to consider an offer. In such a scenario, you may want to go home, talk to your spouse or talk to someone who you trust to help you negotiate the best possible deal. In addition to getting as much money as possible, signing papers right away may compromise your ability to file a lawsuit or take other action if circumstances warrant.
Not everything is up for debate
Company policy may dictate how much you are entitled to receive or how long you can receive payments after you're terminated. Understanding what you can negotiate and what is essentially set in stone may enable you to reach a deal on your severance package in a timely and amicable manner.
Be reasonable
If you are being terminated for poor job performance, you might not have enough leverage to ask for more than your employer is offering. However, if you worked on special projects or helped to secure key clients, you may be in a position to ask for additional pay or other compensation upon being terminated.
A severance package may help you pay bills or cover expenses related to finding a new job. It may also help to ensure that you retain your health coverage while unemployed. Although you are not required to accept an agreement, failing to take action in a timely manner may hinder your ability to collect after you are let go. It is best to seek guidance from an experienced employment law attorney. Alan C. Olson & Associates will fight for you.]]>