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Wisconsin Governor Issues “Safer at Home” Order

By Alan E. Seneczko / March 24, 2020

Governor Evers has issued his Safer at Home Order, which becomes effective at 8:00 a.m. on Wednesday, March 25, 2020, and will remain in effect until Friday, April 24, 2020, unless a superseding order is issued. Click here to review the Order and determine whether your business is considered an “Essential Business” allowed to remain…

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You Can’t Have It Both Ways – Company Prevails In Case Involving Conflicting Representations In ADA, FMLA and Worker’s Compensation Claims

By Alan E. Seneczko / December 5, 2019

By now it is almost cliché to talk about the “Bermuda Triangle” of employment law – difficult issues involving the ADA, FMLA and Worker’s Compensation and the consternation they cause employers. Recently, however, Wessels Sherman attorney Alan Seneczko, who manages the firm’s Wisconsin office, won a big victory for a client seemingly caught in that…

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Seneczko Wins Default as Discovery Sanction in Duty of Loyalty Claim

By Alan E. Seneczko / October 15, 2019

Wessels Sherman Attorney Alan Seneczko, managing shareholder of the Wisconsin office, recently won a huge decision in a claim against a former executive for breach of his duty of loyalty to the company (among other claims). The company, Storage Battery Systems, suspected its director of sales was using his position and the confidential information he…

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Don’t Like Your Boss? How About Demanding a New Supervisor as an Accommodation?

By Alan E. Seneczko / July 22, 2019

In this ever-litigious society of ours, it is comforting to see reason prevail on occasion, and the court’s recent decision in Summers v. Target Corporation, Case No. 18-C-32 (E.D. Wis. 2019) is a good example. In Summers, an employee contended that his supervisor caused him anxiety, stress, palpitations and panic disorders, for which he was…

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Arbitration Agreements and Class Action Litigation

By Alan E. Seneczko / April 29, 2019

It has now become almost axiomatic that any given alleged violation of the Fair Labor Standards Act – calculation of the overtime rate, rounding procedures, travel time, exempt status, etc., can, and most certainly will, become the basis for a class action lawsuit, since a violation toward the one generally involves a violation toward the…

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Rumors of “Sleeping Your Way to the Top” Can Constitute Sex Discrimination

By Alan E. Seneczko / March 15, 2019

It remains an unfortunate, though persistent, stereotype in our society that women who advance in the workplace, especially those who do so rapidly and have a male superior, do so not by merit, but rather, because of a sexual relationship with their superior. In other words, they only obtained the position because they are “sleeping…

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DOL Rolls Out Proposed Overtime Revisions

By Alan E. Seneczko / March 8, 2019

In May 2016, the Department of Labor issued its controversial revisions to the white collar exemptions of the overtime regulations, more than doubling the minimum salary required for exemption; going from $455/wk. ($23,680/yr.) to $913/wk. ($47,476/yr.). A court in Texas subsequently found the rule invalid, and employers have been awaiting the Trump administration’s position on…

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Reflections of a “Senior” Lawyer…

By Alan E. Seneczko / December 10, 2018

For some reason unknown to me (it can’t possibly be my imminent 60th birthday), I have been receiving solicitations from the State Bar’s “Senior Lawyers Division.” Though I would like to think it is based on my vast experience, I have reason to believe it is more “temporal” in nature. So that got me thinking……

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Sexual Harassment and Stalkers

By Alan E. Seneczko / October 29, 2018

Last month I wrote that conduct that is sexual in nature does not necessarily constitute sexual harassment unless it is directed at a person because of his or her sex. But what about conduct that is not necessarily sexual in nature, but really creepy? In other words, can stalking be considered sexual harassment, even if…

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Sexual Conduct Does Not Always Constitute Sex Discrimination

By Alan E. Seneczko / September 26, 2018

Wait, what? If the conduct directed at an employee is sexual in nature or has sexual connotations, doesn’t that automatically make it unlawful sexual harassment? Not necessarily. In Smith v. Rosebud Farm, Inc., Case No. 17-2626 (7th Cir. Aug. 02, 2018), the Seventh Circuit Court of Appeals, which governs Illinois, Wisconsin and Indiana, recently revisited…

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