Posts by Joel Aziere
NLRB Restricts Broad Confidentiality and Non-Disparagement Provisions in Severance Agreements
After being appointed by President Biden as General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo has been vocal about her intent to increase the scope of the National Labor Relationship Act (NLRA) and overturn decades of prior Board precedent. Abruzzo has been making good on her promise and these efforts extend to…
Read MoreThe NLRB Significantly Increases Potential Damages in ULP Cases
In July of 2021, Jennifer Abruzzo stepped into the role of General Counsel for the NLRB after being appointed by President Biden. Since that time, Ms. Abruzzo has been vocal regarding her intent to increase the scope of the National Labor Relations Act (NLRA) and overturn decades of prior Board law. This is the most…
Read MoreNew Proposed Rule for Classifying Employees and Independent Contractors under the FLSA
On October 13, 2022, the U.S. Department of Labor (the “DOL”) published a New Proposed Rule to assist employers in classifying workers as either employees or independent contractors under the Fair Labor Standards Act (the “FLSA”). In a news release, the DOL states it believes the new proposed rule would preserve essential worker rights and…
Read MoreThe Wisconsin Court of Appeals Deals Another Blow To Post-Employment Restrictions By Invalidating A Common Confidentiality/Non-Disclosure Provision
Wisconsin courts do not like post-employment restrictions and this most recent decision attacks a very common requirement intended to prevent employees from stealing confidential information. We have long advised our clients about these court practices and we recommend employers regularly review and assess their restrictive covenants. In this most recent decision, the Wisconsin Court of…
Read MoreRecent EEOC Settlement Cautions Employers on Collecting GINA-Protected Information
Preventing and containing Covid-19 outbreaks in the workplace has become routine for employers over the course of the past two years. A recent settlement announcement from the U.S. Equal Employment Opportunity Commission (EEOC) provides employers with a better understanding of whether information regarding employees’ family medical history may be inquired about or collected, as will…
Read MoreUpdated EEOC Guidance Provides New Standard For Covid-19 Testing
Preventing and containing Covid-19 outbreaks in the workplace has become routine for employers over the course of the past two years. Updated guidance from the U.S. Equal Employment Opportunity Commission (EEOC) provides employers with a better understanding of when to test employees. Previously, employers could require on-site Covid-19 testing of employees at their discretion. However,…
Read MoreWisconsin Supreme Court Substantially Alters the Entitlement to Attorney Fees in Public Records Cases
On Wednesday, July 6, 2022, the Wisconsin Supreme Court issued a ruling in Friends of Frame Park, U.A. v. City of Waukesha, 2022 WI 57 that substantially changes the award of attorney fees in Public Records cases. The case involved a Writ of Mandamus action to compel release of public records. The Court held, in…
Read MoreBiden Administration Abandons Shot-or-Test Mandate For Large Businesses
The Biden Administration has withdrawn its Covid shot-or-test mandate for large businesses. The mandate, issued by OSHA through an Emergency Temporary Standard (ETS), requires all employers with 100 or more employees to implement a policy requiring Covid vaccinations or masking and weekly testing for all employees. That requirement went into effect on January 10, 2022. …
Read MoreBy Reinstating the Stay of President Biden’s Shot-or-Test Mandate The Supreme Court Signals the End of the OSHA ETS; but, OSHA Enforcement of COVID Mitigation Measures Continues
On the afternoon of Thursday, January 13, 2022, the U.S. Supreme Court reinstated the stay blocking implementation of President Biden’s Shot-or-Test Mandate. The mandate, issued by OSHA through an Emergency Temporary Standard (ETS) requires all employers with 100 or more employees to implement a policy requiring Covid vaccinations or masking and weekly testing for all…
Read MoreSupreme Court Halts President Biden’s Shot-or-Test Mandate
The U.S. Supreme Court has reinstated the stay blocking implementation of President Biden’s Shot-or-Test Mandate. The decision came this morning, Thursday, January 13, 2022, nearly a week after the Court heard oral arguments from both sides on Friday, January 7, 2022. Six justices, led by Chief Justice John Roberts voted in favor of reinstating the…
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