WERC Ruling Makes Most Employee Health Insurance Language in Collective Bargaining Agreements with Wisconsin Public Safety Unions Illegal

On July 6, 2022, the Wisconsin Employment Relations Commission (WERC) issued a pair of decisions with major state-wide implications for municipal employers and their public safety unions. In City of Racine (police), Decision No. 39446 (WERC, 7-6-22) and City of Racine (firefighters), Decision No. 39447 (WERC, 7-6-22), the WERC held that municipal employers are prohibited…

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DOL Issues New Rule for Determining Independent Contractor Status

DOL Issues New Rule for Determining Independent Contractor Status

*On May 5, 2021 the Department of Labor issued a new Final Rule that withdrew this Rule. The Rule was never made effective before it was withdrawn. This withdrawal was expected with the change in administration. Employers should continue to rely on the previous “totality of the circumstances” economic realities test that has been used…

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The Importance of Regularly Reviewing and Updating Your Company’s Restrictive Covenant Agreements

Restrictive covenants restrain what would otherwise be lawful competition by current and/or former employees. They serve to protect, among other legitimate business interests, a company’s trade secrets, confidential and/or proprietary information and documents, customers and the goodwill the company has developed with said customers, and employees and the intellectual capital they possess. If a company’s…

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NLRB Shifts to Employer-Friendly View of Workplace Rules

National Labor Relations Board (NLRB) General Counsel Peter Robb recently issued a new Guidance Memorandum detailing how NLRB Regional Offices receiving claims of improper employment policies are to interpret employer workplace rules. The Memo is good news for employers because it establishes a new, and much more employer-friendly standard for lawfulness of employee work rules. The…

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Employee Termination: Sending Mixed Messages Can Leave You Exposed

Brian Waterman

Most employers understand the importance of having legitimate business reasons for terminating an employee. However, it is also critical for all decision makers involved in the termination to have the same understanding of both the reasons for, and the facts leading to, the termination. Failure to ensure a consistent understanding of all the facts can…

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