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“Bannering” Held Permissible Under NLRA’s Secondary Boycott Provisions

Last week the National Labor Relations Board (NLRB) released a decision that could lead to a significant increase in union activity related to secondary boycotts. In a 3-2 decision split along partisan lines, the Board’s Obama-appointed majority held that the display of a stationary banner outside the business of a secondary employer is not coercive,…

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Wisconsin’s Workplace Smoking Ban Takes Effect on July 5, 2010

The workplace smoking ban signed into law by Governor Doyle in May 2009 is set to take effect on July 5, 2010. The ban generally prohibits smoking in enclosed public places and places of employment. A “place of employment” is defined under the law as “any enclosed place that employees normally frequent during the course…

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DOL Expands FMLA Rights for Members of Non-Traditional Families

On June 22, 2010, the U.S. Department of Labor (DOL) issued an administrative interpretation letter clarifying the definition of “son or daughter” under the federal Family and Medical Leave Act (FMLA).  This clarification expands certain FMLA rights of employees in non-traditional families, including both opposite-sex and same-sex partners, through its interpretation of the “in loco…

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New Employee Posting Requirement for Federal Contractors and Subcontractors

Federal contractors and subcontractors have until June 21, 2010 to post a new notice released by the U.S. Department of Labor (DOL), which informs employees of their rights under the National Labor Relations Act (NLRA). The new notice was issued by the DOL as a result of Executive Order 13496, which was signed by President…

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New Law Requires School Boards To Adopt Anti-Bullying Policy

Governor Doyle recently signed into law Wisconsin Act 309, which requires all public school boards to adopt an anti-bullying policy by August 15, 2010. The Act also directs the Department of Public Instruction (DPI) to develop a model anti-bullying policy, which must include the following: (1) a definition of bullying; (2) a prohibition on bullying;…

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New Law Requires Employers to Provide Breaks and Facilities for Breastfeeding Employees

On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act.  While this law primarily concerns regulation of the insurance industry, there is at least one provision of particular interest to all employers. Specifically, Section 4207 of the Act amends the Fair Labor Standard Act (FLSA) to require that employers…

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