Employment & Labor

The Paid Leave for All Workers Act has gone into effect this year. If you are an employer, this new law may affect your workforce and policies around paid leave. Starting January 1, 2024, Illinois has become a trailblazer by implementing the Paid Leave for All Workers Act, signed into law by Governor JB Pritzker. Here we’ll dive into the key aspects of this groundbreaking legislation and what employers need to know for a seamless transition.
The Paid Leave
Continue Reading The Paid Leave for All Workers Act in Illinois

In late 2022 and early 2023, a few folks started contacting me about being disqualified or having to repay unemployment benefits they received during the Covid-19 pandemic because of their participation in lab testing studies.

Then at the July 2023 Unemployment Insurance Advisory Council meeting, a coalition of lab testing companies and Rep. Gundrum asked the council to support a change in the law to exempt lab testing as covered employment. According to the minutes of that meeting:
Continue Reading Lab Test Subjects as Employees

Employees who report or oppose actual or suspected legal or regulatory violations enjoy retaliation protections that are
spread across more than 50 federal statutes. Depending on the nature of the violation and other factors, these whistleblower protections vary widely in terms of their filing deadlines, available remedies, and method of enforcement. Potential venues for bringing a whistleblower claim include:

  • state and federal courts;
  • the Equal Employment Opportunity Commission (EEOC);
  • the Merit Systems Protection Board (MSPB); and
  • federal offices


Continue Reading 3 Tips for Filing a Claim with OSHA’s Whistleblower Protection Program

Recently the Wisconsin Worker’s Compensation Advisory Council (WCAC), which includes representatives from both Labor and Management, voted to approve two separate bills that include potentially significant changes to the Worker’s Compensation Act of Wisconsin (Chapter 102), including the administration of the Act.

The primary objectives of the proposed provisions are split between the two bills so as to increase the chances that at least some of the provisions are eventually adopted and signed into law.

I.  First Proposed Bill
Continue Reading Wisconsin Worker’s Compensation Advisory Council Calls for Department of Hearings and Appeals to End ‘Hold Open’ Practice

Workplace injuries not only cause physical pain but can also take a significant toll on mental health. The emotional aftermath of an injury can be overwhelming, often leaving individuals grappling with various challenges.

People should address both the physical and emotional aspects of recovery.
Uncertainty and anxiety
One issue individuals face after a workplace injury is uncertainty surrounding their future. The sudden shift from a routine, physically demanding job to potentially prolonged periods of rest can cause anxiety. Concerns
Continue Reading How can you struggle with mental health after an injury at work?

The Internal Revenue Service issued the 2024 optional standard mileage rates today for computing the deductible cost of operating an automobile for business, charitable, medical, or moving purposes.  The most notable change is the slight per mile increase for businesses.

Effective January 1, 2024, the optional standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

  • 67 cents per mile driven for business use.  This is a slight increase from the rate

  • Continue Reading IRS Releases Mileage Rates for 2024

    Workplace harassment continues to loom large in the employment law space.

    In FY2018 through FY2022, Equal Employment Opportunity Commission (EEOC) statistics show that more than one-third of charges filed with the agency alleged unlawful harassment.

    The EEOC’s latest guidance document regarding unlawful harassment was published in 1999.1Since that time, the practical and legal landscape has evolved dramatically: the #MeToo Movement brought awareness to sexual harassment and sexual violence, the Supreme Court’s decision in Bostock2 clarified that
    Continue Reading EEOC’s Proposed New Guidance on Harassment in the Workplace

    Attorney Doug Poland to Present on Updates in Election Administration and Access to Voting at the Wisconsin State Bar
    On Thursday, December 7, Attorney Doug Poland will present on recent updates in election administration and access to voting at the State Bar of Wisconsin’s Annual Constitutional Law Symposium 2023. The presentation is part of a day-long symposium for members and non-members of the State Bar.
    Doug is a partner in Stafford Rosenbaum’s Madison office. His practice focuses on election
    Continue Reading Attorney Douglas Poland Presents at State Bar of Wisconsin’s Annual Constitutional Law Symposium

    The court takes up a pair of intriguing civil cases on its December oral argument calendar. One asks whether Amazon’s gig delivery drivers are independent contractors or employees, and the other challenges a municipality’s power to use eminent domain to acquire land for sidewalks.
    Cases Decided
    There were no new decisions issued during November.
    Up for Review
    Amazon Logistics, Inc. v. LIRC, No. 2022AP13

    Employment

    Oral Argument: December 19

    Are Amazon “delivery partners” independent contractors or employees? According
    Continue Reading Wisconsin Supreme Court Update: December 2023

    Attorney Tiffany Highstrom Presents to Guardians Ad Litem & Family Law Practitioners
    On December 7, from 12:00-1:00 PM, Attorney Tiffany Highstrom will lead and present on a webinar panel sponsored and hosted by the Collaborative Family Law Council of Wisconsin (CFLCW). Avoiding Ethical Pitfalls: A Webinar for GALs & Family Law Practitioners will cover the recent Wisconsin Ethics Opinion EF-23-02 relative to Guardian ad Litem Conflicts and Informed Consent, Confidentiality and other Obligations under the Rules of Professional Conduct,
    Continue Reading Attorney Tiffany Highstrom to Present on Ethics for GALs & Family Law Practitioners

    Employment disputes can arise in various situations, ranging from wrongful termination and discrimination to wage and hour violations. When these conflicts cannot be resolved through negotiation or alternative dispute resolution methods, business litigation may be necessary to seek a resolution. Employers or employees who are involved in these types of disputes can work with an attorney who has experience in these types of cases to determine their legal options and make sure their rights will be protected.

    The Role
    Continue Reading When Can Litigation Be Used to Resolve Employment Disputes?

    Attorney Jeff Mandell Receives Wisconsin and Nationwide Attention on Redistricting and Wisconsin Legislative Maps
    Stafford Rosenbaum Partner Jeff Mandell made an appearance on the November 19, 2023 edition of UpFront, a Wisconsin TV broadcast produced by ABC on Sunday mornings. He is part of the counsel team leading oral arguments before the Wisconsin Supreme Court on November 21 to argue that the state’s legislative maps violate state constitutional standards and to request redistricting in time for the 2024 elections.
    Continue Reading Attorney Jeff Mandell in the Media Spotlight Surrounding Wisconsin Redistricting

    Attorney Johanna Allex to Present on Special Needs Trusts for the Madison Public Library Foundation
    The Madison Public Library Foundation will host Special Needs Trusts as part of an upcoming presentation in its virtual Educational Series.
    Special needs trusts are set up for people with physical or cognitive disabilities to supplement benefits, such as Social Security, SSI, or Medicaid, without impacting their ability to receive those benefits. An effective special needs trust allows the beneficiary to continue receiving benefits
    Continue Reading Attorney Johanna Allex to Present on Special Needs Trusts

    Stafford Rosenbaum Attorneys Address the Corporate Transparency Act with Business Owners
    On Wednesday, November 15, 2023, the University of Wisconsin – Madison’s Family Business Center will host morning and lunchtime presentations during its Food for Thought program. Attorneys Jim Egle and Iana Vladimirova will present on the Corporate Transparency Act, coming into effect on January 1, 2024, during the program. The presentation details what beneficial ownership information a company must report to the Financial Crimes Enforcement Network (FinCEN),
    Continue Reading Attorneys James Egle and Iana Vladimirova to Present on the Corporate Transparency Act

    Lindner & Marsack, S.C., one of the region’s most respected and long-standing management-side labor, employment and worker’s compensation defense firms, today announced team members recognized by Super Lawyers magazine in their annual rankings. Honorees include Douglas Feldman, Gary Marsack, Daniel Pedriana, Sally Piefer, Andrew Quartaro and Oyvind Wistrom, along with Tyler Hall and Samantha Wood who were named by the organization as “Rising Stars.” This year marks the first appearance on the list for both Piefer and Hall.
    “Our primary
    Continue Reading LINDNER & MARSACK, S.C., ANNOUNCES 2023 SUPER LAWYERS DESIGNATIONS

    There is understandable confusion among employees and their employers about an employee’s access to disability insurance coverage after termination of the employee/employer relationship.

    Disability insurance coverage is an employee benefit, and some assume that when employment ends, employee benefits – including disability insurance – end. However, that is not always the case.

    In fact, the termination of employment generally should not affect ongoing short-term disability (STD) or long-term disability (LTD) benefits or even prevent employees from applying for benefits
    Continue Reading Disability Benefits: When Terminated Employees Are Still Eligible