Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

Supreme Court Refuses to Uphold Title IX Trans Harassment Guidance

On August 16, the Supreme Court refused to lift lower court orders blocking the Department of Education’s (DOE) new regulations protecting LGBTQ+ students from discrimination based on gender identity. The new rule expanded the definition of sex-based discrimination under Title IX to protect gender identity and sexual orientation discrimination in federally funded schools. The entire […]

In A Win for Public Employers, CA Supreme Court Rules PAGA Penalties, Other California Wage & Hour Laws, Do Not Apply

In August 2024, the California Supreme Court decided Stone v. Alameda Health System, which clarified that the meal and rest break requirements of the California Labor Code at sections 226.7 and 512 and other Labor Code provisions do not apply to public employers. The Court also held that the California Private Attorneys General Act (PAGA) penalty […]

money in briefcase

Ask the Expert: Can Employees Be Held Legally Accountable for Paying Overpaid Wages Back?

Question: Is there a statute of limitations regarding when employers must inform employees of an overpayment of wages, and can employees be held legally accountable for paying the overpayment back? Answer: The Federal Labor Standards Act (FLSA) doesn’t address how long an employer has to recover overpaid wages. In the absence of federal law, state […]

Employers Beware: The Tip Credit Is Back

Hospitality employers take note: The Department of Labor’s (DOL) tip rule has been struck down. The tip credit is a provision of the Fair Labor Standards Act (FLSA) that allows employers to pay tipped employees a lower direct wage as long as their tips make up the difference to reach the minimum wage. However, the tip […]

Corporate Transparency Act: Know If It Applies to Your Business

A new federal law that went into effect in January will likely affect many businesses in Wisconsin and across the country—in particular, many small businesses that may not even be aware of the new law. The Corporate Transparency Act (CTA) was enacted on January 1, 2021, as part of the Anti-Money Laundering Act of 2020 […]

Talking Politics: Know When Employee Political Speech Is Protected at Work

With this year’s presidential election underway, escaping coverage and conversations about candidates and campaigns seems nearly impossible. While there’s nothing new about political coverage increasing during an election year, the unprecedented events during this year’s election cycle along with the extreme polarization of modern-day politics in America have led to increased levels of passionate discourse […]

Presidential Politics and the Workplace

If Trump wins, one thing is certain: NLRB General Counsel (GC) Jennifer Abruzzo would be fired at once. Just as President Joe Biden sacked then-NLRB GC Peter Robb almost before the Inaugural Balls were over, Abruzzo would meet the same fate. Because the GC sets agency policy and decides what cases to pursue, the Board […]

Bite, No Bark: 8th Circuit Recognizes Limitations on Certain ADA Accommodations

In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Iowa employers) has weighed in over the last several months with discussions in two […]

Religious accommodations: Where do we stand?

Last summer, in Groff v. DeJoy, the U.S. Supreme Court upended the analysis used to determine whether and how employers must accommodate an employee’s religious beliefs. In the year since, there have been some applications of Groff’s reasoning in lower court cases, and here are some takeaways you can apply when working through an employee’s […]

Ask the Expert: Can Positive Drug Tests Be Cause for Termination?

Question: If we have a drug-free workplace policy and implement random testing, can we fire an employee who tests positive even if the employee simply used marijuana outside the workplace and wasn’t impaired? Answer: The short answer is yes. Employers in Wisconsin specifically are allowed to conduct random drug testing of their employees. If an […]