Tag: Employment law

Attacks Continue to Undermine DEI Programs

Immediately after the Supreme Court’s decisions in SFFA v. Harvard/UNC eliminating the use of race in higher education admissions, questions were raised about corporate diversity, equity, and inclusion (DEI) programs. Edward Blum—founder of the organization Students for Fair Admissions (SFFA) that won the Harvard/UNC decision—and former Trump administration staffer Stephen Miller have aggressively challenged corporate […]

Companies Seek Supreme Court Review of Federal Contractor Minimum Wage

Recreational touring companies are seeking U.S. Supreme Court review of the U.S. 10th Circuit Appeals Court decision upholding President Joe Biden’s $15 minimum wage requirement for federal contractors. The companies claim the wage hike was beyond the president’s authority under the Procurement Act. According to the companies, the “legal problem the mandate creates is straightforward: […]

NLRB’s Administrative Law Judges Face Existential Challenges

Since the Supreme Court’s rulings in Loper Bright and Jarkesy, employers have wondered to what degree the High Court’s rulings would affect the National Labor Relations Board (NLRB), which has long regarded itself as being apart from the concerns facing other agencies. Recent actions by the courts, however, have begun to challenge the Board’s self-regard. […]

Ask the Expert: Are Absences Related to Fertility Treatment Covered by the FMLA?

Question: We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Answer: Great question; complicated answer. The answer is complicated because a question about FMLA leave is always the start of a longer conversation about whether other […]

The EEOC Has a 3-1 Democratic Majority

With the departure of Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling (R), the Democrats on the Commission have a 3 to 1 majority. It’s unlikely this change will make any difference for the remainder of President Joe Biden’s term, but things could change after President Donald Trump takes office. EEOC Has Received Nearly 2,000 […]

DOL Confirms Cybersecurity Guidance Applies to Health and Welfare Plans

On September 6, 2024, the U.S. Department of Labor (DOL) confirmed its cybersecurity guidance applies to all employee benefit plans, including health and welfare plans. In 2021, the DOL issued guidance providing best practices in cybersecurity for plan sponsors, plan fiduciaries, recordkeepers, and plan participants. The retirement plan industry took notice and has generally made […]

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 […]