Employment Hostile work environment

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Employment ERISA

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Employment Retaliation

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Employment Public employment; due process

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Employment Race discrimination

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Employment Workers compensation; refusal to rehire

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Employment ERISA; LMRA

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Employment Workers compensation; refusal to rehire

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Employment Race discrimination; retaliation; direct method

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Employment FLSA; motor carrier exemption

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Employment Unemployment insurance; misconduct

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Employment Contempt

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Employment Hostile work environment; injunctions Where an employer restaurant was guilty of sexual harassment, it is appropriate that injunctive relief be issued covering all restaurants owned by the employer. “Defendants argue that injunctive relief cannot extend to the other IHOPs ...

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Employment ERISA; deference

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Employment Public employment; Petition Clause

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Employment Worker’s compensation; stacking Wis. Admin. Code DWD 80.32(4) permits “stacking” of surgeries necessitated by the same work injury. “The medical opinion in DaimlerChrysler was that the disability after the second ACL surgery was not cumulative to the disability existing ...

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Employment Public employment; just cause hearing Section 62.50 does not apply to unpaid FMLA leave. “[N]either the language nor context of Wis. Stat. § 62.50 suggest that a ‘just cause’ due process hearing is required when an officer’s police powers ...

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United States Court of Appeals CIVIL OPINIONS Employment Public employment; First Amendment Where a public employee’s criticisms of city policy were made at a public meeting in the course of his employment, he cannot prove retaliation based on the exercise ...

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Employment Hostile work environment The use of the term, “monkeys,” as a metaphor to workplace problems does not create a hostile work environment. “As to the materials excerpted from THE ONE MINUTE MANAGER MEETS THE MONKEY, we will take as ...

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Employment Race discrimination; employer liability Where an employer promptly investigated all the plaintiff’s complaints of discrimination, it is not liable for a hostile work environment created by co-workers. “The catering department was undoubtedly an unpleasant place for Vance between 2005 ...

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Employment FLSA; overtime An account manager for a software company is not entitled to overtime. “The account manager is not a salesman for Best Buy or a technician sitting at a phone bank fielding random calls from her employer’s customers—instead ...

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Employment Public employment; due process A probationary police officer in Milwaukee has no due process right to a hearing before termination. “The term ‘member of the police force’ has no specific statutory definition. Ramskugler argues that she was a ‘member ...

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Employment Worker’s compensation Section 102.18(1)(b) can be retroactively applied to award prospective treatment expenses. “The difference between a substantive statute and a procedural statute is clear. A statute is substantive if it creates, defines or regulates rights or obligations. Betthauser ...

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Employment Unemployment compensation Kristin B. Grall, pro se, appeals from an order of the circuit court, which affirmed the decision of the Labor and Industry Review Commission. Grall primarily contends that she should have been allowed to adjourn her unemployment ...

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Employment Worker’s compensation An employee who receives worker’s compensation benefits waives his or her unilateral right to a jury trial in a related third-party tort action. “Ultimately, Bergren held that Wis. Stat. § 102.29(1) ‘gives the trial court the right ...

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Employment Disparate impact Where a city hired firefighters on numerous occasions from randomly selected applicants from the “well-qualified” pool, each round of hiring creates the same disparate impact. “If the City had hired in rank order, as many civil-service employers ...

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Employment Workers compensation; refusal to rehire The Labor and Industry Review Commission (LIRC) and Randall Cerny appeal from a circuit court order reversing and vacating a LIRC order which held that Open Hearth Homes, LLC, had violated the Wisconsin Worker’s ...

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Employment Covenants not to compete Caledonia Direct, Inc. (CDI) appeals the trial court’s order granting Jeffrey Fakler and AIM Transfer & Storage, Inc.’s motion to dismiss CDI’s claim that Fakler, a former CDI employee, breached the covenant not to compete ...

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Employment Wage claims; overtime-exempt employees Steven Nicolai appeals summary judgments in favor of his employer, the City of Whitehall. Nicolai brought an unpaid wage claim against the City, pursuant to Wis. Stat. § 109.03(5), and also sought a declaratory judgment ...

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Employment ADA; fear of heights A bridgeworker who is perceived to be afraid of heights is protected under the ADA. “After the March 23, 2006 panic attack above the Mississippi River, Miller was formally diagnosed with acrophobia. IDOT immediately precluded ...

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