Related to: Corporate/Private Sector

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How to Address Off-Duty Conduct in Public and Private Sector Employment

It’s no surprise that employers need to properly address any on-duty misconduct by employees, but we often field questions from clients wondering what to do about activities that occur while their employees are off-duty. Particularly those who are active on social media channels, as well as those who participate in protests or rallies. Whether your…

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7th Circuit Judgment Reinforces Employer Liability for Temporary Workers

Many organizations believe hiring temporary workers from staffing agencies will absolve them of legal obligations that arise during the course of their employment. Unfortunately, as seen in the Scheurer v. Fromm Family Foods LLC decision, this is very rarely the case. Though the Scheurer decision dealt specifically with an arbitration clause, liability can and will…

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Dane County Judge Issues an Outlier Decision to Strike Down Wisconsin’s Right to Work Law

On Friday, April 8, 2016, a Dane County Circuit Court judge struck down Wisconsin’s Right to Work law, thirteen months after the law first took effect in the state. In his opinion, Judge William Foust held that Wisconsin’s Right to Work law is an unlawful taking that violates the Wisconsin Constitution because the law obligates…

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New Federal Court Decision Addresses Bonus Systems and FLSA Overtime

Earlier this month, a federal judge issued a decision that could have significant financial implications for employers. The case involved the calculation of the overtime rate under the Fair Labor Standards Act (FLSA) and whether merit bonuses and other forms of compensation must be included in the calculation of the rate of pay for FLSA…

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EEOC Loses Challenge to Workplace Wellness Program

A federal district court in Wisconsin recently dismissed one of the U.S. Equal Employment Opportunity Commission’s (“EEOC”) well-publicized attacks on employer wellness programs. Our earlier legal updates regarding this case and some other EEOC challenges can be found here: August 2014 Legal Update and October 2014 Legal Update. In EEOC v. Flambeau, Inc., No. 14-cv-638…

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Wisconsin Budget Bill Creates New Standard for Union Organizing

Under Act 10, public sector unions must recertify annually by obtaining the support of at least 51% of all employees within the bargaining unit. If the union fails to receive such support, it will be decertified and one full year must pass prior to any union attempt to re-organize. After the one-year period expires, the…

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EEOC Proposed Wellness Regulations: Many Programs Would Be Allowed…With Some New Complications

On April 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) finally released proposed regulations that would allow many workplace wellness programs to operate without violating the Americans with Disability Act (“ADA”). As summarized in earlier Legal Updates, the EEOC filed several lawsuits last year alleging that some very common wellness programs violated the ADA…

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Right to Work Poised to Become the Law in Wisconsin

Last week, the State Senate passed its version of the Right to Work bill (2015 Senate Bill 44); and, today, the State Assembly passed an identical bill (2015 Assembly Bill 61). Governor Scott Walker is expected to sign the bill on Monday, making it law. Wisconsin’s Right to Work legislation provides freedom of choice to…

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