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“Slip and fall” Claims Are One of the Most Common Types of Personal Injury Claims.

Jack Davila
Written by: Jack Davila

Living in Wisconsin, when most people think of slipping and falling they probably picture the frozen months of December through February where many areas of Wisconsin are covered with ice and snow. This ice and snow can obviously present slipping hazards for even the most winter-hardened of Wisconsinites. What many people may not picture when […]

If I suffer a work related injury, is it legal for the worker’s compensation insurance carrier to obtain video surveillance of me?

Jack Davila
Written by: Jack Davila

Not only is it legal for the worker’s compensation insurance carrier to obtain videotape surveillance of you, if you are injured on the job you should EXPECT that it will. An employee has to use COMMON SENSE when he is off work recovering from a work-related injury. Videotape surveillance is perfectly legal and is being […]

What Do I Do if My Vehicle is Damaged in an Automobile Accident?

Steven Kluender
Written by: Steven Kluender

Q:        Can I get a rental vehicle while my automobile is being repaired? We always try to get the insurance company to pay the cost of a rental vehicle while yours is being repaired.  The problem is that the other driver’s insurance company is not going to accept payment for a rental car until […]

Union Prevailing Wage Investigation Leads To Indictment of Landscaping Contractor

Christopher Ahrens
Written by: Christopher Ahrens

A federal grand jury indicted Scott Devereux, the owner of Mequon-based Cedarburg Landscaping Co., Inc. on six counts of fraud and ten counts of filing false documents with the federal and state governments. The indictment stems from work Cedarburg Landscaping performed on Wisconsin Department of Transportation projects subject to federal and state prevailing wage rates. […]

Dump Truck Drivers Must Be Paid For All Hours Worked

Yingtao Ho
Written by: Yingtao Ho

There are dozens, if not hundreds of Wisconsin companies that employ dump truck drivers to deliver construction materials to jobsites.  The construction companies that hire these dump trucks for their projects would ordinarily only pay the truck between the time when the trucks are loaded with construction materials for the first time on the day, […]

When Must I Be Paid for Travel Time During the Workday?

Nathan Eisenberg
Written by: Nathan Eisenberg

Whether or not time spent in travel is working time depends upon the kind of travel involved.  Travel from home before the regular workday and at the end of the workday is typically not treated as work time. This is true whether you work at a fixed location or at different job sites. Normal travel […]

Does my Employer have to Accommodate my Disability?

Erin Medeiros
Written by: Erin Medeiros

Disability discrimination occurs when an employer treats an applicant or employee less favorably because she/he has a disability. The Wisconsin Fair Employment Act (WFEA) prohibits disability discrimination by all employers while the Americans with Disabilities Amendments Act (ADAAA) applies to employers with 15 or more employees. Both laws protect individuals with conditions that “substantially limit” […]

Do you have an obligation to accept an offer of light duty work from your employer while under restrictions for a worker’s compensation injury?

Jack Davila
Written by: Jack Davila

As worker’s compensation attorneys one of the most frequent questions we receive from our clients is whether they have to accept an offer from their employer to perform light duty work that is within the client’s treating doctor’s restrictions. The answer is almost always “yes.” If your employer offers light duty work at a lesser […]

Dues Checkoff Provisions of Wisconsin’s “Right To Work” Law Permanently Enjoined By U.S. District Court

Nathan Eisenberg
Written by: Nathan Eisenberg

Yesterday, Judge William Conley from the U.S. District Court for the Western District of Wisconsin entered an injunction permanently enjoining the Wisconsin Department of Workforce Development and the Wisconsin Employment Relations Commission from enforcing Section 9 of 2015 Wisconsin Act 1.   That provision of Wisconsin’s “Right to Work” law prohibited “dues checkoff authorizations” unless […]

Vernon County Circuit Court Interprets Hormel Foods to Require Regular Rate Pay for Unpaid Hours Worked

Yingtao Ho
Written by: Yingtao Ho

On December 1, 2016, Vernon County Circuit Court, Judge Michael Rosborough, issued a summary judgment decision in the case of Bakkestuen et al v. Lepke Holdings, LLC et al.  The case involved dump truck drivers who were only paid for the time between when their trucks were loaded for the first time on the day, […]

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