02/26/10
Labor and Employment
Victory in ERD Challenge to Running State and Federal FMLA Concurrently
As several of our clients have encountered, recently employees and their counsel have argued that a woman can choose to take her federal Family and Medical Leave Act ("FMLA") leave and her Wisconsin FMLA leave consecutively. The situation most often presents itself when a woman requests time off during pregnancy, before the birth of a child, but wants to "save" her six weeks of Wisconsin FMLA leave to use upon the birth of her child. In one case in which von Briesen & Roper represented the employer, the Wisconsin Department of Workforce Development's Equal Rights Division ("ERD") advised an employee that she could "stack" her state and federal FMLA leave in this way. In fact, the ERD found probable cause to believe there had been a violation of the Wisconsin FMLA when an employer told an employee that her state and federal FMLA pregnancy leaves would run concurrently when taken in the 16 weeks before the birth of her child. Our client stood by its position that the federal and state FMLA laws run concurrently when the leave qualifies for protection under both laws and went to a hearing on the merits.
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02/25/10
Labor and Employment
Labor and Employment Law Update - February 2010
The February 2010 Labor and Employment Law Update focuses on The "Pros" and "Cons" of Social Networking for Employers and New Employment-Related Matters of Note.
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02/16/10
Compensation and Benefits/ERISA
Extending Health Benefits to Children and Domestic Partners Who Are Not Tax Dependents
Historically, employers extending group health plan coverage to the dependents of employees limited the availability of that coverage to individuals who qualified as dependents of employees for purposes of the federal income tax laws applicable to employer-sponsored group health plans. Either by choice or to comply with government mandates, however, employers are increasingly extending dependent coverage to individuals who do not qualify as dependents of employees for purposes of those tax rules ("Non-tax Dependents). Covering Non-tax Dependents can present some significant tax issues and complications for employers.
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12/23/09
Nonprofit and Tax Exemption
IRS Compliance Guide for 501(c)(3) Public Charities
The IRS has created a guidance document for leaders in nonprofit organizations. Although long and a bit technical, it is a good "one source" reference for a nonprofits' operations, reporting and tax filing requirements, including what may jeopardize recognition of the nonprofits' tax exempt status. For your organization or for those nonprofits you serve, review and discussion of the booklet may be a good New Year's discussion topic, or at least worth sending this document out to the board.
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12/14/09
School Law
Significant Expansion of Wisconsin's Prevailing Wage Law
Since the 1930s, a local government entity has been required to ensure that prevailing wages are paid on that entity's public works projects, when those projects exceed a designated threshold cost. In 2009, that threshold cost was $48,000 for projects completed by a single type of trade or $234,000 for projects that involved multiple trades. Superintendents and School Business Officials need to be aware of two significant changes recently made to the prevailing wage law. First, the distinction between projects completed by one trade and projects involving multiple trades was eliminated. Second, beginning January 1, 2010, all public works projects with a cost of $25,000 or more must comply with the prevailing wage law and receive a prevailing wage determination from the Department of Workforce Development.
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12/07/09
Municipal Law
WERC Invalidated Collective Bargaining Agreement Language that Preserved Circuit Court Review as the Appeal Procedure of Police and Fire Commission Discipline Decisions
In a decision issued on December 1, 2009 involving the City of Menasha, the Wisconsin Employment Relations Commission ("WERC") held that a proposal by the City to "maintain language from the 2007–2008 Agreement which required that the appeal procedures contained in Section 62.13, Stats. be utilized by a union-represented employee who wished to challenge discipline imposed pursuant to that statutory provision" constituted a prohibited subject of bargaining and was invalid. WERC's decision in this case was very narrow and was by no means earth-shattering. WERC simply held that a municipal employer may not make a bargaining proposal that "prohibits access to arbitration" pursuant to Section 111.70(4)(mc), Stats. Of significant and notable importance, WERC did not invalidate existing collective bargaining agreement language that is present in a current collective bargaining agreement. Nor did WERC invalidate language that is agreed to by the municipal employer and Union where the parties agree to use the circuit court as the appeal choice for review of PFC discipline decisions.
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11/17/09
Health Care Labor and Employment
Health Care Employment Law Update
ADA, EFCA, ERD, Wisconsin Task Force, independent contractor, wage and hour, uncompensated meal, health risk assessment, H1N1
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11/16/09
Regulatory Compliance
Supervision of Hospital Outpatient Therapeutic Services: CMS's Final Answer?
The Center for Medicare and Medicaid Services ("CMS") recently published its 2010 Outpatient Prospective Payment System Final Rule ("Final Rule"). As part of its Final Rule, CMS changed and clarified the direct supervision requirements for hospital outpatient therapeutic services and procedures. The result of these changes is a relaxation of the direct supervision requirements for outpatient therapeutic services and procedures and added flexibility. Nevertheless, the Final Rule still presents challenges for hospitals in meeting the supervision standard.
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11/13/09
Medical Staff
The Three Cs of Medical Staff Document Review
Medical staff bylaws and governing policies are important legal documents that too often sit on a shelf, gathering dust and accessed only before a survey by The Joint Commission (TJC) or in the midst of a medical staff crisis. These documents, however, are designed to define the purpose of the medical staff, specify the obligations and duties of its members, and provide a process for credentialing and privileging. It is therefore necessary to conduct periodic reviews to ensure compliance with applicable federal and state laws and TJC requirements. An organization also must effectively communicate their medical staff policies to all applicable staff, and apply these policies consistently throughout the organization.
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10/19/09
Medical Staff
Medical Staff Update: October 2009
As health care regulations and accreditation standards continuously evolve, so do medical staff requirements. This Update covers the following topics: The Joint Commission's Telemedicine Standard; Board Certification Requirements; History & Physical Requirements for Medical Staff Documents; The Joint Commission's Statement of Duties and Privileges Standard; and, Recent Development in Economic Credentialing.
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