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EEOC Finds Company’s One Year and Out, No Accommodation Leave Policy Discriminatory

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EEOC Issues Final Regulations Implementing the GINA Act of 2008

On November 9, 2010, the U.S. Equal Employment Opportunity Commission (EEOC) issued final regulations implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA took effect on November 21, 2009 and prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and…

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Law Prohibiting Employers from Holding “Captive Audience” Meetings Declared Unconstitutional

For over a half-century, the National Labor Relations Act (NLRA) has protected the rights of employers to hold paid, mandatory meetings with their employees to discuss unions and unionization. These meetings, termed “captive-audience meetings,” have primarily been used by employers facing union organizing efforts in an attempt to combat the tactics used by unions to…

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NLRB Alleges Employer Unlawfully Discharged Employee for Facebook Posting

Unionized and non-unionized employers alike should take notice of a complaint issued recently by the National Labor Relations Board (NLRB), alleging that an employer unlawfully terminated one of its employees for criticizing her supervisor on Facebook.   According to the NLRB’s complaint, American Medical Response (AMR), an ambulance service in Connecticut, required employee Dawnmarie Souza…

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Your Employees Are Entitled to Leave on Election Day

As November 2nd approaches, employers should be aware of their obligations under Wisconsin’s voter leave laws. Sections 12.07 and 6.76 of the Wisconsin Statutes require employers to grant all employees eligible to vote up to three successive hours of leave on Election Day for the purpose of voting. However, this leave may be unpaid and…

7th Circuit Applies Garcetti Protections to 1st Amendment Claim Against Co-workers

Citing the U.S. Supreme Court’s decision in Garcetti v. Ceballos, 547 U.S. 410 (2006), the U.S. Court of Appeals for the Seventh Circuit recently held that a public employee’s co-workers, like their employer, were protected from the employee’s First Amendment retaliation claim.     In the case of Abcarian v. McDonald, Abcarian was the Head…

“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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