We see you rolling your eyes. “Oh, go figure, 2 employment attorneys preaching about the ‘dangers’ of not being represented by an employment law firm. Shiver me timbers!” Okay, so that last part got a bit pirate-y, but all we ask is that you please hold your presumptions about what we’re going to say here and why, at least until you’ve finished reading this. Now, BRING ON THE PULPIT!

Under a “no-fault” attendance policy, an employee accrues one point per absence, regardless of the reason for the absence. After an employee accumulates a pre-designated number of absences, the employee is usually subject to increasing levels of discipline (a “progressive disciplinary policy”), ending with termination.

In our previous articles about the Family & Medical Leave Act, we noted that covered employers must grant eligible employees up to a total of 12 work weeks of unpaid leave during a 12-month period (the “12” in the title). There are 4 (yup, the title again) methods for determining that 12-month period. The constant, regardless of the method chosen, is that the method used must, must, must be communicated to employees.

For those of you paying attention, that title rhymed. In any event, as we touched on in a previous article, certification is an important concept to understand in the FMLA process. It can be the difference between an absence being covered or not covered by the Family & Medical Leave Act.

We spent the last article providing an overview of the Family and Medical Leave Act (FMLA) – who’s covered, who’s not, and where to find additional resources made available by the Department of Labor. But as an employer, what are your basic responsibilities when your company is covered by the Family Medical Leave Act?

Although we discuss the Family & Medical Leave Act on our website, we thought we would provide a second source of quick facts on the FMLA and provide links to some quick and easy-to-understand resources for anyone looking for more FMLA information.

The attorneys at Walcheske & Luzi, LLC are continually surprised by the number of people who believe workplace discrimination could never happen to them. It is important to protect yourself and not assume others always have your best interest at heart. We’ve compiled workplace discrimination examples that demonstrate it can and does happen, and sometimes with a surprising twist. This one’s for the non-believers.

Not handling the background check process correctly or misusing the information contained within the background check, also called a consumer report, can lead to liability for employers. Some potential background check pitfalls employers could face include:

The False Claims Act was originally focused on the defense industry during the Civil War. It was later expanded during the defense industry scandals of the 1980s. Now, the law is being applied liberally in the health care industry with very severe potential consequences for health care providers.

Compensation to medical directors has become a 'hot-button" compliance issue. If not properly structured and monitored, a medical director arrangement can become a major compliance problem. Health care attorney John Fisher discussed some of the recent cases addressing medical director compensation and what they mean to health care providers.

Compensation to medical directors has become a 'hot-button" compliance issue. If not properly structured and monitored, a medical director arrangement can become a major compliance problem. Health care attorney John Fisher discussed some of the recent cases addressing medical director compensation and what they mean to health care providers.

The Rochester Network Advisory Opinion is one of the few sources that we have to get a glimpse of what is required for a health care organization to "clinically integrate." Clinical integration is one method to reduce risk under the antitrust laws. Some of the details of the advisory opinion are discussed and analyzed by provider integration attorney John Fisher.

For Wisconsin employers, a common question is "what happens if the job applicant refuses to sign the background check authorization form?" The obvious answer is, the employer cannot run a background check on the potential employee without a signed background check authorization form.

A natural segue from our last article regarding conviction records is to briefly touch on background checks and the requirements of the Fair Credit Reporting Act (FCRA). For the truly ambitious, the you can read the complete FCRA text. Background checks are most commonly encountered during the hiring process. For that reason, we will focus on a scenario involving an employer and an applicant.

Like arrest record discrimination, conviction record claims are not under federal law, but rather only under the Wisconsin Fair Employment Act. Also like arrest record discrimination, the same “substantial relationship” exception can be applicable.

Arrest record claims in Wisconsin are full of twists and turns, loopholes, and caveats. For this reason, they can easily get screwed up if you are not careful. We recommend that you always, always talk to an attorney about these situations.

In January, Pepsi Beverages entered into a pre-litigation settlement of $3.13 million to resolve race discrimination charges that were filed with the Minneapolis EEOC. Through its investigation, the EEOC found reasonable cause that the criminal background check policy previously utilized by Pepsi had an adverse impact African Americans based on their race, in violation of Title VII.

Sometimes leaving the TV on for background noise can yield results. About 2 weeks ago, I caught a brief teaser for an upcoming story about a former Indiana Catholic school teacher, Emily Herx, who was fired by her diocese after they learned she was trying to have a baby. More specifically, after they learned she was trying to conceive using fertility treatments. Here’s what happened:

Earlier this year, the Supreme Court gave religious organizations more freedom in hiring and firing by expanding the “ministerial exception” to anti-discrimination laws, meaning that churches and religious employers cannot be sued for discrimination by employees who qualify as a “minister.” According to the Supreme Court, a minister is anyone who conveys or promotes the religious organization’s message. That’s a very broad and flexible standard, but that is as specific as the Court would get.

Recently in Wisconsin, Governor Scott Walker repealed 2009 Wisconsin Act 20, which allowed victims of employment discrimination in Wisconsin to seek compensatory and punitive damages in state court. There has been a lot of talk about this Act and its repeal recently (the vast majority politically slanted one way or another). We thought we’d provide you with the straight facts about Governor Scott Walker’s repeal and the practical effects it will likely have.

Women who believe they have sustained injuries from transvaginal mesh products should have their potential claims fully evaluated. This article provides some general information on the products in question and the potential damage claims.

The underlying concept in most premises security liability cases is foreseeability. But that concept is not always fully understood. As relates to adequacy and sufficiency of security – the standard by which a business’s security will be measured – foreseeability as defined by most courts in the U.S. (with only a few minor exceptions, most notably Michigan) is a broad concept which is usually determined by a formal assessment of 4 distinct criteria:

In talking to clients and prospective clients I often hear them remark that anyone involved in an accident is negligent “just for being there”. That is a myth, an urban legend, and something the insurance companies would like you to believe.

Beware Wisconsin car insurance consumers: Beginning with auto insurance policies issued or renewed after November 1, 2011, uninsured motorist coverage and underinsured motorist coverage can be reduced by amounts payable by or on behalf of the uninsured driver or the underinsured driver, by the amounts paid or payable under any worker’s compensation law, or amounts paid or payable under any disability benefits laws. Wisconsin Statute §632.32(5)(i).

Aimed at improving the state's business climate, Wisconsin Governor Scott Walker signed into law a comprehensive tort reform bill.

When we go under the knife for surgery, we place our lives in the hands of the doctor performing the operation and the hospital where it is taking place. We trust that we will be treated with care and that all precautions will be taken to keep us safe. However, sad it may be, some doctors and hospitals simply do a better job than others when it comes to protecting the safety of patients.

With the failure of Proposition 19 - a vote to legalize marijuana in California - the movement that worked for that legalization is reassessing.

On Nov. 2, California voters will take to the polls to decide upon a controversial ballot initiative, the legalization of marijuana. Under Proposition 19, also known as the Regulate, Control and Tax Cannabis Act of 2010, various marijuana-related activities would be legalized under state law and local governments would be authorized to collect taxes related to marijuana.

Summer, sun and water are the perfect trio for many Midwesterners. With so many people out to enjoy the lakes, boating safety is critical.

The Supreme Court of the United States recently addressed the question of whether the Second Amendment right to keep and bear arms is applicable to the states. In McDonald v. Chicago, the Court answered affirmatively, ruling that the protection applies to the states under the due process clause of the 14th Amendment.

In May, Wisconsin became the 25th state to ban the act of text messaging while driving any motor vehicle.

Beginning in July 2010, Wisconsin drivers will face higher fines, more jail time and stricter penalties for driving under the influence (DUI). Signed into law by Governor Jim Doyle on December 22, 2009, the new rules are viewed by many lawmakers as far from perfect — but a move toward strengthening Wisconsin’s drunk driving laws.

Approximately 30,000 17-year-olds are arrested in Wisconsin each year. If they are charged with a crime, they are charged as adults.

Wisconsin law recognizes two types of on-the-job injuries that are compensable under an employer's workers' compensation insurance policy: accidental injuries and occupational diseases.

Although the warm-weather season in Wisconsin can be short, Wisconsin residents love to make the most of it. We enjoy our numerous lakes, forests and scenic roadways on personal watercraft, all-terrain vehicles and motorcycles. These recreational vehicles bring people closer to the great outdoors with the added thrill of adventure. Even in the wintertime, the cold weather doesn’t keep residents indoors, with snowmobiles providing the same benefits.

The New Year is already looking up for Wisconsin drivers! By January 1, 2010, all of the provisions of the Truth in Auto Insurance law will be in effect - holding auto insurance providers accountable once again.

Wisconsin recently passed sweeping legislation that will change its reputation when it comes to cracking down on driving under the influence (DUI). While the legislation is not the most stringent in the United States, it will make a considerable difference for drivers in Wisconsin.

In January, a Wisconsin teen was sentenced to a year in detention following charges of child pornography in a sexting case that made headlines across the state. In late 2009, the 14-year-old high school freshman was charged with multiple felony counts after police officers discovered many nude photos of underage classmates on his cell phone and iPod.

When a sex offense is committed, especially against a child, the public is outraged. More and more over the past 10 to 15 years, people have demanded that lawmakers and law enforcement agencies alert the community to the presence of sex offenders, especially by classifying information about convicted sex offenders as public.

Under section 165.76 of the Wisconsin statutes, any person in prison on or after January 1, 2000, for a felony committed in Wisconsin must provide a DNA sample to authorities upon his or her incarceration.

Wisconsin created drug courts to give certain nonviolent offenders a productive alternative to prison.

Brief overview of PA scope of practice and supervising physician role and relationship. Recommendations for the use of PA experts to provide opinions on the standard of care.

If you own a business, or are starting a business, you will be required to comply with all applicable local, state, and federal rules and regulations.

How to Remove Negative information from your credit report. Improve your credit score simply.

The terms vision, mission and values have become over used words and often are confused with old fashion strategic planning retreats where hours and even days are spent word smithing a mission statement that is never looked at again. Many times the words are interchanged causing more confusion over the value for creating a mission, vision and value statement.

Nationwide Physician Assistant Malpractice Demonstrates Lower Malpractice Incidence and Average Payment Amounts over a 17 Year Period Compared to MDs and Advance Practice Nurses