Hawks Quindel, S.C.
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Can Compensatory Time Off (Comp Time) Replace Cash Overtime Pay?

Can Compensatory Time Off (Comp Time) Replace Cash Overtime Pay? | Hawks Quindel, S.C. | Scoop.it
Private sector employees cannot be paid compensatory time off as a substitute for cash overtime pay, while government workers CAN be paid comp time.
Hawks Quindel, S.C.'s insight:

Private sector employers covered by the Fair Labor Standards Act (FLSA) or Wisconsin wage laws must pay at least time and a half  wages for hours worked over 40 in a workweek by non-exempt employees.

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NLRB Rejects No Class Action Arbitration Agreements, Again

NLRB Rejects No Class Action Arbitration Agreements, Again | Hawks Quindel, S.C. | Scoop.it
The NLRB is not backing down on its position that employees have a right to proceed collectively, which cannot be waived. On October 28th, the majority of the Board struck down an employer’s arbitration agreement which would have precluded the employees from perusing claims jointly, collectively, or as a class against the employer. Murphy Oil USA, Inc. and Sheila M. Hobson, Case No. 10–CA–038804
Hawks Quindel, S.C.'s insight:

The NLRB is not backing down on its position that employees have a right to proceed collectively, which cannot be waived. 

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Kathy Charlton to Present at Marquette Volunteer Legal Clinic "Brown Bag" CLE Series Lunch

Kathy Charlton to Present at Marquette Volunteer Legal Clinic "Brown Bag" CLE Series Lunch | Hawks Quindel, S.C. | Scoop.it
Kathy Charlton will present "Same-Sex Marriage and Domestic Partnership in Wisconsin" on April 9, 2015 as part of the Marquette Volunteer Legal Clinic (MFLC) and Legal Action of Wisconsin (Legal Action) “Brown Bag” CLE lunch series. MVLC and Legal Action host a year-long series of lunch presentations to enhance the skills of MVLC volunteer lawyers and students. Charlton is a long-time volunteer
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MVLC and Legal Action host a year-long series of lunch presentations to enhance the skills of MVLC volunteer lawyers and students.

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Hawks Quindel Sponsoring and Participating in 2014 NAMI Dane County

Hawks Quindel Sponsoring and Participating in 2014 NAMI Dane County | Hawks Quindel, S.C. | Scoop.it
The National Alliance on Mental Illness (NAMI) strives to improve the lives of people living with mental health issues in the United States by advocating and supporting access to treatment and community through grassroots organizing. At noon on Sunday, October 5, 2014, Hawks Quindel team members will proudly walk 5 kilometers to help raise awareness and erase the stigma of mental illness by
Hawks Quindel, S.C.'s insight:

The National Alliance on Mental Illness (NAMI) strives to improve the lives of people living with mental health issues in the United States by advocating and supporting access to treatment and community through grassroots organizing.

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Employment Laws Protect Wisconsin Domestic Abuse Victims

Employment Laws Protect Wisconsin Domestic Abuse Victims | Hawks Quindel, S.C. | Scoop.it
Local, state, and federal laws protect domestic abuse victims from experiencing further harm related to the abuse in their workplace or job applications.
Hawks Quindel, S.C.'s insight:

PROHIBITED DISCRIMINATION AGAINST APPLICANTS OR EMPLOYEES WHO EXPERIENCE DOMESTIC OR DATING VIOLENCE, SEXUAL ASSAULT OR STALKING

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WI Courts Can Force 3rd Party Workers Comp Settlements

WI Courts Can Force 3rd Party Workers Comp Settlements | Hawks Quindel, S.C. | Scoop.it
WI Supreme Court rules an injured worker can be forced to accept a settlement from a third party who causes his injuries.
Hawks Quindel, S.C.'s insight:

In one of the last opinions issued during its most recent term, the Wisconsin Supreme Court held that a circuit court can allow a worker’s compensation insurance carrier to accept a settlement of a plaintiff’s tort (personal injury) lawsuit against a third party who caused the plaintiff’s injury,

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Wisconsin Case Study: Breach of Duty of Loyalty at Work

Wisconsin Case Study: Breach of Duty of Loyalty at Work | Hawks Quindel, S.C. | Scoop.it
While Wisconsin employers may terminate an employee for a variety of reasons, those reasons may not justify withholding wages owed the employee.
Hawks Quindel, S.C.'s insight:

The court disagreed with ACL, awarding the employee not only his back wages but also ordering ACL to pay a civil fine and his attorney fees.

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Wisconsin Case Study: Breach of Duty of Loyalty at Work

Wisconsin Case Study: Breach of Duty of Loyalty at Work | Hawks Quindel, S.C. | Scoop.it
While Wisconsin employers may terminate an employee for a variety of reasons, those reasons may not justify withholding wages owed the employee.
Hawks Quindel, S.C.'s insight:

The court disagreed with ACL, awarding the employee not only his back wages but also ordering ACL to pay a civil fine and his attorney fees.

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M Magazine Recognizes Shapiro, Johnson, and Murshid

M Magazine Recognizes Shapiro, Johnson, and Murshid | Hawks Quindel, S.C. | Scoop.it
M Magazine recognizes three Hawks Quindel attorneys as 2014 Leading Lawyers. Amy Shapiro was recognized as a leading Family Law attorney, and Summer Murshid and Larry Johnson were recognized as leading Employment attorneys.The full listing can be found here.
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Pregnancy Discrimination Laws Receive Update from EEOC

Pregnancy Discrimination Laws Receive Update from EEOC | Hawks Quindel, S.C. | Scoop.it
In 1978, Congress amended Title VII of the Civil Rights Act of 1964 to prohibit discrimination on "the whole range of matters concerning the childbearing process.EEOC offers specific guidance for employers and judges on how to apply federal laws prohibiting pregnancy discrimination in the workplace.
Hawks Quindel, S.C.'s insight:

In 1978, Congress amended Title VII of the Civil Rights Act of 1964 to prohibit discrimination on "the whole range of matters concerning the childbearing process.

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Married Same-Sex Couples May Soon Receive FMLA Rights in WI

Married Same-Sex Couples May Soon Receive FMLA Rights in WI | Hawks Quindel, S.C. | Scoop.it
If a proposed Dept. of Labor rule passes, Wisconsin same-sex couples
Hawks Quindel, S.C.'s insight:

The U.S. Department of Labor announced on June 20, 2014, a proposed rule extending the protections of the Family and Medical Leave Act ("FMLA") to all eligible employees in legal same-sex marriages regardless of where they live.

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How to Claim Disability for a Degenerative Condition

How to Claim Disability for a Degenerative Condition | Hawks Quindel, S.C. | Scoop.it
Deciding to claim disability for a degenerative medical condition is difficult. Once you do, you must prepare for and make your claim carefully to be successful.
Hawks Quindel, S.C.'s insight:

Many people with degenerative medical conditions successfully adapt their work and life so they can be productive and earn good income, and their careers may remain sustainable for some time.

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Sixth Circuit Affirms Award of Benefits and Disgorged Profits in ERISA Disability Benefits Case

Sixth Circuit Affirms Award of Benefits and Disgorged Profits in ERISA Disability Benefits Case | Hawks Quindel, S.C. | Scoop.it
A federal court made the unusual decision to award a claimant wrongfully denied disability benefits disgorged profits in addition to his unpaid benefits and attorney fees.
Hawks Quindel, S.C.'s insight:

To remedy a wrongful denial of short or long term disability benefits, courts will typically limit the claimant's recovery to his or her unpaid benefits in addition to attorney's fees and costs.

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Barbara Zack Quindel Honored with Arvid Anderson Award - Hawks Quindel 2014

Barbara Zack Quindel Honored with Arvid Anderson Award - Hawks Quindel 2014 | Hawks Quindel, S.C. | Scoop.it
The American Bar Association Section of Labor and Emplo …
Hawks Quindel, S.C.'s insight:

The American Bar Association Section of Labor and Employment Law has selected Barbara Zack Quindel as the recipient of the 2014 Arvid Anderson Public Sector Labor and Employment Attorney of the Year Award.

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Retirement and Your Workers Compensation Rights

Retirement and Your Workers Compensation Rights | Hawks Quindel, S.C. | Scoop.it
Considering retirement after a work injury? Learn about your rights to workers compensation benefits so you can make a smart and informed decision.
Hawks Quindel, S.C.'s insight:

Considering retirement after a work injury? Learn about your rights to workers compensation benefits so you can make a smart and informed decision.

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CIGNA Long Term Disability Practices Under Legal Scrutiny

CIGNA Long Term Disability Practices Under Legal Scrutiny | Hawks Quindel, S.C. | Scoop.it
Increased numbers of Wisconsin residents are seeing their long term disability insurance erroneously, and sometimes egregiously, denied by CIGNA.
Hawks Quindel, S.C.'s insight:

We have recently seen an increase in clients denied long term disability insurance (“LTDI”) benefits by CIGNA Group Insurance, also known as Life Insurance Company of North America.

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Workplace Rights for Workers with Mental Health Illness

Workplace Rights for Workers with Mental Health Illness | Hawks Quindel, S.C. | Scoop.it
Workers who suffer from mental health illnesses have rights under federal and state law to help them adjust to their evolving health conditions.
Hawks Quindel, S.C.'s insight:

The National Institutes of Health (NIH) has found about 1 in 4 Americans experience mental health issues each year. About one in 17 Americans lives with a “serious mental illness” such as schizophrenia, bipolar disorder or major depression.

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Schroder to Present at the WAJ Women’s Caucus Seminar

Schroder to Present at the WAJ Women’s Caucus Seminar | Hawks Quindel, S.C. | Scoop.it
Attorney Danielle Schroder will speak at the Wisconsin Association for Justice Women’s Caucus Seminar in Wisconsin Dells on September 19, 2014. In her presentation entitled “Oh Baby! Pregnancy, Maternity Leave and the Practice of law,” Ms. Schroder will address both the legal protections for pregnant women in the workforce and practical implications for lawyers as they transition to and from
Hawks Quindel, S.C.'s insight:

Attorney Danielle Schroder will speak at the Wisconsin Association for Justice Women’s Caucus Seminar in Wisconsin Dells on September 19, 2014.

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Court allows sales representatives in Wyndham's Wisconsin Dells location to pursue off the clock claims collectively

Court allows sales representatives in Wyndham's Wisconsin Dells location to pursue off the clock claims collectively | Hawks Quindel, S.C. | Scoop.it
The attorneys at Hawks Quindel and Nichols Kaster announce a significant development in an unpaid wage class action brought on behalf of sales representatives employed by Wyndham Vacation Resorts (Wyndham), after a federal district court in Madison granted the plaintiffs' request for conditional class status.The case was initially filed in June 2013 by two former sales representatives who had
Hawks Quindel, S.C.'s insight:

The attorneys at Hawks Quindel and Nichols Kaster announce a significant development in an unpaid wage class action brought on behalf of sales representatives employed by Wyndham Vacation Resorts (Wyndham)

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Wisconsin Case Study: Breach of Duty of Loyalty at Work

Wisconsin Case Study: Breach of Duty of Loyalty at Work | Hawks Quindel, S.C. | Scoop.it
While Wisconsin employers may terminate an employee for a variety of reasons, those reasons may not justify withholding wages owed the employee.
Hawks Quindel, S.C.'s insight:

The court disagreed with ACL, awarding the employee not only his back wages but also ordering ACL to pay a civil fine and his attorney fees.

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Wisconsin Supreme Court Denies Marinette County’s Petition for Review of Decision in Favor of AFSCME Union

Wisconsin Supreme Court Denies Marinette County’s Petition for Review of Decision in Favor of AFSCME Union | Hawks Quindel, S.C. | Scoop.it
On August 5, 2014, the Wisconsin Supreme Court denied a Petition for Review, filed by Marinette County, which sought review of a Wisconsin Court of Appeals decision in favor of AFSCME. The Court of Appeals had held that an Arbitrator’s interpretation of the parties' collective bargaining agreement was reasonable, and her award properly extended the terms of that agreement by one year. The Court
Hawks Quindel, S.C.'s insight:

Wisconsin Supreme Court denied a Petition for Review, filed by Marinette County, which sought review of a Wisconsin Court of Appeals decision in favor of AFSCME.

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Job Applicant Rights Regarding Employer Credit Checks

Job Applicant Rights Regarding Employer Credit Checks | Hawks Quindel, S.C. | Scoop.it
Employers may check job applicant credit records, but they must follow very specific guidelines to ensure they do not act on incorrect or old information.
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Charlton Listed in Inaugural Wisconsin Pro Bono Society

Charlton Listed in Inaugural Wisconsin Pro Bono Society | Hawks Quindel, S.C. | Scoop.it
Hawks Quindel lawyer Katherine Charlton is one of 121 lawyers listed in the inaugural Wisconsin Pro Bono Society, recently established by the Wisconsin Access to Justice Commission. The Commission recognized lawyers who performed at least 50 hours of pro bono work in the last calendar year. Charlton represents pro bono clients in family law matters and is a volunteer at the Milwaukee Justice
Hawks Quindel, S.C.'s insight:

Charlton represents pro bono clients in family law matters and is a volunteer at the Milwaukee Justice Center's Self Help Family Law Clinic at the Milwaukee County Courthouse.

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Attorney Schroder To Present At Wisconsin Association For Justice Summer Seminar

Attorney Schroder To Present At Wisconsin Association For Justice Summer Seminar | Hawks Quindel, S.C. | Scoop.it
Attorney Danielle Schroder will speak at the Wisconsin Association for Justice Annual Summer Seminar in Door County July 11 and 12, 2014. Schroder's presentation entitled "Short and Long Term Disability Benefits – What You Need To Know" will provide an overview of ERISA disability benefit claims, from the initial application process to litigation of wrongful denial of benefits claims.
Hawks Quindel, S.C.'s insight:

Attorney Danielle Schroder will speak at the Wisconsin Association for Justice Annual Summer Seminar in Door County July 11 and 12, 2014.

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Tipping and Wage Rights for Wisconsin Restaurant Servers

Tipping and Wage Rights for Wisconsin Restaurant Servers | Hawks Quindel, S.C. | Scoop.it
Many Wisconsin tipped employees are victims of wage theft when employers do not pay legally required minimum wages for non-tipped work.
Hawks Quindel, S.C.'s insight:
The Department of Labor performed nearly 9,000 investigations of restaurants between 2010 and 2012, and found 83.8% of investigated restaurants had violated wage and hour laws.
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Refuse Recorded Statements on Your Workers Comp Claim

Refuse Recorded Statements on Your Workers Comp Claim | Hawks Quindel, S.C. | Scoop.it
When an insurance company requests a recorded statement after an work accident, you are under no legal obligation to give one and it may hurt your case.
Hawks Quindel, S.C.'s insight:

It is not uncommon for injured workers to receive a telephone call shortly after a workplace accident in which an insurance claims adjustor requests that the employee agree to give a recorded statement over the phone.

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