Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: Wisconsin

Extended medical leave not a “reasonable” accommodation under ADA, court says

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, HR
This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act. In doing so, the court rejected longstanding guidance from the Equal Employment Opportunity Commission that a long-term medical leave is… Continue Reading

“Not my employee, not my problem.” Oh, yeah?

Posted in Contingent Workers
Employers, has this ever happened to you? A guy (we’ll call him “Ryan”) comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan’s “HR” representative. Your company pays the agency but does not directly pay Ryan. But when Ryan comes to work, he is supervised by Michael, who is one… Continue Reading

Which drug-testing law applies? Who knows?

Posted in Drug Testing
This drug-testing case would make a great law school final exam. Shawn Olson of Minnesota was offered a job in West Virginia by Push, Inc., a company based in Wisconsin. Mr. Olson was asked to complete a pre-hire drug test, which was originally going to be performed in Push’s state of Wisconsin. However, for Mr.… Continue Reading

Is the EEOC off the rails with this new “wellness” lawsuit? Don’t think so.

Posted in Americans with Disabilities Act
Last week, the Equal Employment Opportunity Commission filed suit against Wisconsin-based Orion Energy Systems, Inc., over its wellness program and its treatment of ex-employee Wendy Schobert, who was not a fan of the program. The lawsuit contends that the program’s health risk assessment is an unlawful “medical examination” and that the company retaliated against Ms.… Continue Reading

Employers, don’t let that “protected” employee hold you hostage.

Posted in Evidence, Protected Concerted Activity, Retaliation, Wage-Hour
Kevin Kasten, the plaintiff from the 2011 Supreme Court case addressing retaliation based on an oral FLSA complaint, will get a jury trial. The latest decision contains valuable warnings for employers who don't want to be held hostage by employees who have pending charges or complaints of any kind.… Continue Reading

Workplace (aka “fake”) spouses — a lot of hype, but here’s how to avoid problems.

Posted in Discrimination, Family and Medical Leave Act, GINA, Harassment
This February, there was a lot in the news about "workplace spouses." My own opinion is that the "workplace spouse" phenomenon is an overhyped way to put a new spin on the very old problem of sexual attraction in the workplace. (Sexual harassment and workplace dating are so '90's.)… Continue Reading