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Tom O'Day

Tom O'Day

Special Counsel
  • Biography
  • Admissions, Activities & Honors
  • Updates, News & Presentations
  • Blog Posts
  • Education
Tom O'Day

“You may profit by their experience without paying the price which it cost them.”  Experience matters, and Tom’s experience handling matters for employers across all industries helps clients in their efforts to manage risk associated with employees and other personnel.

Tom advises and represents employers through their most complicated human resource issues in every aspect of labor and employment law, with a particular emphasis in the health care setting.

Tom provides counseling to employers on the full range of human resource and employment law challenges confronted by employers, including:

  • Hiring and firing of employees and other personnel
  • Drafting and enforcing non-compete and non-disclosure agreements
  • Litigating discrimination, harassment and wage claims
  • Drafting employment and severance agreements.

Tom also has experience working with nuanced employment and regulatory issues that are unique to the health care industry, including:

  • Misconduct reporting obligations under state and federal law
  • Peer review matters
  • Fair hearings under the Health Care Quality Improvement Act 
  • Contracting with employed or independent physicians and other practitioners
  • Managing the exit of physicians and other health care providers from organizations. 

Tom has been involved in litigation over non-compete agreements and often helps employers update their non-compete provisions to comply with the most recent applicable case law. Tom also trains supervisors and employees on human resource topics such as unlawful harassment, internal investigations, reporting obligations and discipline, including discipline specific to the health care industry.

Admitted To Practice


Court Admissions

United States District Court, Eastern District of Wisconsin
United States District Court, Western District of Wisconsin

Professional Associations

American Health Lawyers Association
American Society for Healthcare Human Resources Administration (ASHHRA)
Greater Madison Area Society for Human Resource Management
Illinois State Bar Association
Metro Milwaukee Society for Human Resources Management
Society for Human Resource Management
Wisconsin Society of Healthcare Human Resources Administration (WisHHRA)


Down Syndrome Association of Wisconsin – Past Board President

Emerging Leadership Board at UW Carbone Cancer Center

State Bar of Wisconsin, Director – Labor & Employment Law Section

Wisconsin Manufacturers and Commerce Human Resources Committee

AHLA Labor & Employment Practice Group

American Caner Society – Board of Ambassadors

News & Publications

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Blog Posts

Revoking union dues authorization: Not so fast!October 23, 2018All In A Day's Work | Labor | Legislation | Blog
Democratic lawmakers introduce WFMLA insurance trust proposalMarch 20, 2017All In A Day's Work | FMLA | Blog
FLSA salary basis increase put on hold for entire country - what now?November 23, 2016All In A Day's Work | Employment | FLSA | Labor | Blog
Dec. 1 is coming… and the Department of Labor is watching!October 06, 2016All In A Day's Work | FLSA | Blog
Workplace violence – failure results in hefty fine for home health providerSeptember 28, 2016All In A Day's Work | Employment | OSHA | Policies | Blog
Federal Department of Labor settles wage claims by own employeesAugust 15, 2016All In A Day's Work | FLSA | Wage and Hour | Blog
JUST IN: EEOC announces proposal to include new pay data in annual EEO-1February 11, 2016All In A Day's Work | Employment | Blog
Where does Wisconsin stand on independent contractors? It depends!July 31, 2015All In A Day's Work | Employment | Labor | Blog
Another loss for the EEOC: Refusal to waive claims is not "protected activity"March 18, 2015All In A Day's Work | Employment | Blog
FMLA in the new yearJanuary 15, 2015All In A Day's Work | FMLA | Legislation | Blog
A guide to dealing with illnesses in the workplaceOctober 20, 2014All In A Day's Work | Employment | OSHA | Blog
Private sector use of compensatory time—permitted?August 05, 2014All In A Day's Work | Employment | Policies | Wage and Hour | Blog
Managing labor costs in a down economy (part 2): private-sector furloughsNovember 04, 2011All In A Day's Work | Employment | Terminations | Blog
Managing labor costs in a down economy: initial considerationsSeptember 29, 2011All In A Day's Work | Employment | Labor | Terminations | Blog
Update: employers and Wisconsin’s new concealed carry lawJuly 09, 2011All In A Day's Work | Employment | Legislation | Policies | Blog
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Juris Doctor, University of Wisconsin Law School, 2005

Master’s Degree, University of Wisconsin-Madison, 2005, Education Policy and Leadership Analysis

Bachelor of Science, University of Wisconsin-Madison, 2001, Political Science, Phi Beta Kappa

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Teresa Halbach

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