Posts by Brian Waterman
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 The Rule was never made effective before it was withdrawn.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…
Read MoreRecognizing Signs of Employee Dissatisfaction That Lead to Union Organization
Which employees are most likely to seek union assistance in the workplace and/or file claims against their employer? The answer, of course, is those who are dissatisfied with their work environment. In general, employees who feel they are respected and treated fairly at work, and enjoy a positive work culture, are less likely to turn…
Read MoreThe 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…
Read MoreNLRB 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…
Read MoreEmployee Termination: Sending Mixed Messages Can Leave You Exposed
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…
Read MoreWisconsin Supreme Court Decision Provides Opportunities to Reduce Future Unemployment Compensation Costs
On June 26, 2018, the Wisconsin Supreme Court issued its decision in Wisconsin Department of Workforce Development v. Wisconsin Labor and Industry Review Commission, et al, 2018 WI 77, in which it held that the plain language of the applicable statute allows an employer to adopt its own absenteeism policy, allowing for a violation of…
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