Law Blog

Overview of the new DOL fact sheet on nursing mothers and the FLSA.... Read More

Arrest and Conviction Discrimination in Employment in Wisconsin.... Read More

In a case that provides a powerful example of supervisors needing to pick their words very carefully when discussing time off with employees, the Court of Appeals for the Eighth Circuit recently held that "the totality of circumstances" could leave to a reasonable inference that an employee is putting an employer on notice and requesting additional FMLA leave.

So, what exactly did the supervisor, Jeff Karnes, say that led the plaintiff, Susan Murphy, in this case to... Read More

A recent opinion out of the Court of Appeals for the Sixth Circuit concerns donning and doffing and compensable time under the Fair Labor Standards Act and starts like out most donning and doffing cases (i.e., employees required to wear certain protective garments, argue they should be compensated for such time spent), but the opinion itself takes a unique twist regarding the Department of Labor's opinion letters and who bears the burden of proof in... Read More

Unemployment benefits is a very misunderstood concept--for lack of a better term. As an attorney that focuses on labor and employment law, anytime I get phone calls from people with potential labor or employment law claims, I almost always delve into the topic of unemployment benefits because often times I am dealing with someone who was recently separated from their employment.

I first ask whether they are receiving or have applied for... Read More

A recent decision out of the Court of Appeals for the Seventh Circuit reveals how a single act can amount to a hostile environment, if severe enough. The plaintiff, Cynthia Berry, filed a complaint with human resources after, while on a lunch break, she was allegedly grabbed by the breasts by a male coworker, Philip Carmichael, lifted in the air, had her buttocks rubbed against the front of Carmichael's body—from his chest to his penis—three times before bringing Berry to the... Read More

Illinois has become the fourth state, joining Hawaii, Oregon, and Washington, to enact legislation prohibiting employers from discriminating based on a job seeker or employee’s credit history. Given the recent economic woes many Americans have faced over the last several years... Read More

As it becomes easier and easier for employers to screen applicants, so does it become easier and easier for disparate impact to occur to groups that commonly have criminal records or credit problems. The Equal Employment Opportunity Commission is attempting to prevent a wave of unemployable groups of people based upon new-age screening procedures through lawsuits and press releases that seek to curb potential discriminatory pre-screening practices. From the Read More

Illinois has become the fourth state, joining Hawaii, Oregon, and Washington, to en act legislation prohibiting employers from discriminating based on a job seeker or employee’s credit history. Given the recent economic woes many Americans have... Read More

One of the most common calls I get to my office from potential clients are inquiries and claims that they have been "wrongfully terminated." Most of the time when people use that term to describe their separation from employment they mean that their termination was unfair. It is at that point that I attempt to explain what "wrongful termination" means in the employment law context.

I start out by explaining that in Wisconsin... Read More