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Tom O'Day

Tom O'Day

Special Counsel
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Tom O'Day

Tom O’Day is a member of the Labor & Employment and Health Care Practice Groups in the Madison Office. Tom’s practice focuses on advising and representing employers in every aspect of labor and employment law, with a particular emphasis in employment law in health care settings.

Tom provides counseling to employers on the full range of human resource and employment law challenges confronted by employers, including the hiring and firing of employees, drafting and enforcing restrictive covenant agreements, litigating federal and state discrimination and wage claims, and 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 and issues related to contracting with employed or independent physicians and other practitioners. Tom has been involved in litigation over non-compete agreements with physicians 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.

Tom’s experience involves cases before the Wisconsin Equal Rights Division, Equal Employment Opportunity Commission, United States Department of Labor, National Labor Relations Board, state courts and federal courts. Tom is a Vice Chair with the American Health Lawyers Association Labor & Employment Practice Group, and is a Director of the Wisconsin Bar Association Labor & Employment Law Section Board. Tom regularly hosts Healthcare Labor & Employment Roundtables to highlight issues of importance in healthcare.

Admitted To Practice

Wisconsin - 2006

Illinois - 2017

Court Admissions

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

Professional Associations

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


Down Syndrome Association of Wisconsin – Past Board President

Emerging Leadership Board at UW Carbone Cancer Center

John W. Jung Memorial – Co-Founder

Wisconsin Manufacturers and Commerce Human Resources Committee

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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