When a workplace injury occurs, the legal response often begins with worker’s compensation. But for both employers and employees, that is rarely the end of the story. As medical restrictions continue or evolve, the same set of facts can implicate
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Get Your Employee Handbook into Shape
The beginning of a new year often signifies an opportunity to reflect upon the past, to set goals for the future, and to begin with a fresh start. Each January, many of us, inspired by the start of the new
One Big Beautiful Bill’s Impact on Tips and Overtime
Among the cacophony of campaign promises floated by then-candidate Trump prior to the 2024 presidential election, one drum beat steadily: A vow to implement a no-tax-on-tips and no-tax-on-overtime law.
Martin C. Kuhn, Marquette 2004, Marquette 2004, is the founder
Executive Order Effectively Eliminates Disparate Impact Liability in Federal Employment Discrimination Cases
Title VII of the Civil Rights Act and other U.S. anti-discrimination laws have traditionally relied on two key theories of liability – disparate impact and disparate treatment. An April 23, 2025 Executive Order issued by President Trump effectively eliminates the
Attorneys and Law Students Present on Employment Rights
This spring, labor and employment attorneys and law students have been busy teaching employee rights and obligations to students in Madison.
Naomi R. Swain, U.W. 2021, is an associate attorney at
Hawks Quindel’s, Madison office. Her practice covers
Title VII Damage Cases in the Seventh Circuit Since Muldrow
In April 2024, the Supreme Court decided Muldrow v. City of St. Louis,1 and in so doing, reduced the magnitude of harm some courts (including courts in the Seventh Circuit) previously required to establish an “adverse action” in
CBD, THC, and the Wisconsin Fair Employment Act
Consider the following hypothetical: a veteran employee of a Wisconsin corporation with a spotless disciplinary record shows up to work, where he is required to take a random drug test. The test is pursuant to the corporation’s long-established drug use
New Challenge to Act 10 Overcomes Dismissal and Appears Headed for State Supreme Court
In November 2023, seven unions filed suit in Dane County Circuit Court returning to do battle against a familiar foe: 2011 Wisconsin Act 10. The suit seeks to have Act 10 blocked, arguing that it violates the Wisconsin Constitution’s equal
EEOC Issues Final Guidance on Workplace Harassment
In December 2023, I wrote about the EEOC’s proposed harassment guidance in this blog. At that time, the public comment period had concluded but final guidance had not yet been released.On April 24, 2024 – nearly 25 years after the
Unreasonable Refusal to Rehire: When Must Employers Rehire Injured Employees?
Wis. Stat. section 102.35(3) provides a penalty of up to one year’s wages for employers who fail to rehire injured workers where suitable work is available within their restrictions. In addition to standard claims for permanent damage to the body