All articles within Employment

“Joint Employer Liability” Rule to be Clarified

As more businesses consider changing their staffing models to include (or increase) the use of shared employees or staffing agencies, the Department of Labor (DOL) has proposed a rule to clarify the coverage of “joint employer liability.” The current the joint employer rule provides that, if an employee is shared by multiple employers, each employer.

Court Restricts Non-Solicitation Agreements

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.

Employers – Absenteeism Policies Can Rule

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.

Seventh Circuit Narrows Reasonable Accommodation Requirements

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.

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