Associational disability discrimination happens when a covered employer discriminates against a nondisabled person for having a relationship with a person who has a disability. Since 2004, the Seventh Circuit has recognized three forms of associational disability discrimination. But earlier this year, the Seventh Circuit held that it is open to new theories of associational disability discrimination. Scope of Associational Discrimination & Applicable Law Most are aware that the Americans with Disabilities Act (ADA) protects individuals who have disabilities in covered workplaces.1 In addition, the ADA also prohibits “associational discrimination,” discrimination against able-bodied individuals.2 The ADA states that a…

As the coronavirus continues to affect businesses throughout the U.S., Occupational Safety and Health Administration (OSHA) regulations have become a hot topic amongst employers. As temporary enforcements are issued from the Occupational Health and Safety Administration, it is important that employers understand which citations could be issued from these changes. Changes to OSHA Respiratory Protection Program One of the areas of temporary enforcement that Employers should be aware of are the changes to the Respiratory Protection Program under OSHA. Employers should have an understanding of the requirements of masks and whether they are needed due to COVID-19 or because they…

Note: This article is reproduced here with permission from Hawks Quindel, s.c. Wisconsin workers are generally entitled to worker’s compensation benefits when they are injured at work, including payment of their bills for medical treatment. Decisions of both the Wisconsin Court of Appeals and the Wisconsin Labor and Industry Review Commission confirm that undocumented workers are entitled to the same benefits as all other injured employees. Wisconsin Worker’s Comp is Blind to Immigration Status Wisconsin doesn’t exclude workers from worker’s compensation based on immigration status. The law is written so almost all employers in Wisconsin are required to have worker’s…

Fortunately, legal services have been deemed “essential” under various quarantine orders in place since March, which has allowed law firms to continue operations on site or virtually. Although some litigators and criminal law attorneys have faced delays as cases have stalled in the courts, other attorneys have provided legal services without interruption. Whether working remotely or in their offices, all attorneys are navigating new ways of meeting and communicating with their colleagues and clients. As we prepare to reopen or resume full operations amid COVID-19, there will be new challenges and questions. We must put measures in place to be…

As the coronavirus pandemic continues to run its course, Wisconsin employers should be prepared for an increase in claims arising from job losses caused by pandemic shutdowns and related employment decisions. While much attention is rightfully given to federal employment laws, it is important to note that state laws can – and often do – vary considerably from federal laws. Importantly, when two or more laws apply to an employee, the employee generally receives the benefit of the most favorable provision. That said, understanding nuances between state and federal law can reduce legal liability. This article highlights what employers should…

The recent worldwide coronavirus outbreak thus far has had a fairly limited impact in the U.S. However, health officials believe that it’s not a matter of if the U.S. has an outbreak of the virus, but when. The Centers for Disease Control and Prevention (CDC) stated that the “[d]isruption to everyday life may be severe,” which could include schools being closed, mass public gatherings being suspended, and businesses having their employees work remotely. Additionally, we’re still well within the grasp of cold and flu season, so employers are going to have to deal with the impact of employees needing leave…

In May 2018, the United States Supreme Court ruled that Epic Systems in Verona, Wisconsin, could force its employees to sign agreements requiring them to pursue claims for unpaid overtime through private arbitration.1 Since the Supreme Court’s decision, several current and former Epic employees filed private arbitrations for back overtime pay. The First Arbitration between Epic and Technical Writer In the first of the private disputes to be decided, an arbitrator ruled on Dec. 27, 2019, that an Epic technical writer did not qualify as exempt from overtime, and was entitled to back overtime pay pursuant to the federal…

In representing low wage workers, we have noticed in the last few years the overuse of noncompete agreements in Wisconsin and other states. By overuse, we mean the use in contexts that are not permissible under the law in Wisconsin and many other states and, in some cases, contrary to federal law. The Problem: Noncompete Agreements for Low-wage Workers Traditionally, noncompete agreements are applied regularly to sales personnel and technical experts to protect their employers from the misappropriation of customer goodwill and trade secrets should employees leave to join a competitor. com mgr previant Marianne Goldstein Robbins, Northeastern 1977, is…

Recently, in Johnson Controls, Inc.1, the National Labor Relations Board (NLRB) announced a new framework for a little-used method for employers to make a lawful anticipatory withdrawal recognition of a union who has been representing its workforce. Specifically, the decision forces a union seeking to demonstrate that it has reacquired majority status to do so in a secret ballot election conducted by the board, rather than in an unfair labor practice proceeding. For employers and those employees seeking to no longer be represented by a union, this provides clarity to a historically muddy process. What is a Lawful…