Your employee, Billy, frequently leaves his work station during business hours to go outside for fresh air. Billy does this even though he knows that, under company policy, an employee who is absent from his/her desk (other than for work purposes, designated breaks and lunch) may be terminated. When you confront Billy regarding his absences,.
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FOS’s Fall 2017 newsletter discussed the potential impact on employee non-solicitation agreements of the then-pending Wisconsin Supreme Court case, The Manitowoc Company v. Lanning. The potential is now the reality. On January 19, 2018, the Court decided Lanning, 2018 WI 6. The Court held that a contractual provision restricting a former employee’s solicitation of employees.
Most employers are faced with employees who call in sick without notice, don’t show up for work, or are unduly absent for other reasons. Employers faced with this problem often wonder when they can legally terminate an employee for such misconduct. This is important, because employees discharged for “misconduct” are generally ineligible to receive unemployment.
Most employers, at some point or another, will receive a request from an employee, claiming to be disabled for a “reasonable accommodation”—an accommodation which helps a disabled employee perform the essential function of his or her job. The Americans with Disabilities Act (“ADA”) requires employers to reasonably accommodate disabled employers to avoid a charge of.
The Fair Labor Standards Act (“FLSA”) generally requires employers to pay overtime compensation – for over 40 hours worked per week – to covered employees. However, the law specifies 30 exceptions where overtime is not required to be paid to employees performing certain types of duties. One exception is for “any salesman, partsman, or mechanic.