Related to: Employment Law

NLRB 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…

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Brian Waterman

Employee 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…

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Legal Tips to Prevent Harassment in the Workplace

In this #MeToo era, preventing harassment in the workplace is necessary to retain good employees, protect your entities’ reputation and avoid liability for the employer, as well as individual employees. It is a reason to proactively review harassment policies, complaint procedures and training on harassment – and to do so now before it’s too late…

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U.S. Department of Labor Releases Updated FMLA Forms

The Department of Labor (DOL) has updated the FMLA forms which expired on May 31, 2018. The DOL is required to submit its FMLA forms every three years to the Office of Management and Budget (OMB) for approval. The forms were last approved in 2015. After expiration, they were extended on a month-to-month basis while OMB…

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Attorney Dan Vliet with client

Wisconsin 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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medical marijuana small

Navigating the Rapidly Changing World of Marijuana and the Workplace

Within the last few years, 28 states and the District of Columbia have legalized marijuana in varying degrees – for recreational and/or medical use – and many others are showing signs of considering legalization to some degree. According to a 2015 National Survey on Drug Use and Health, marijuana is the most commonly used illicit…

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Employee Benefits

Wisconsin’s Right-to-Work Law Upheld by the Wisconsin Court of Appeals

September 20, 2017 – At long last, Wisconsin’s “Right-to-Work” Law (2015 Wisconsin Act 1) has survived review by both the Seventh Circuit and the Wisconsin Court of Appeals.  In July, we advised you of the Seventh Circuit Court of Appeals’ decision in International Union of Operating Engineers Local 139, et al. v. Schimel, No. 16-CV-590,…

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Obama’s Overtime Rule Struck Down

On May 23, 2016, the Department of Labor issued new Fair Labor Standards Act regulations which required all employers subject to the Fair Labor Standards Act to pay their “white collar” employees at least $913 per week to remain exempt from overtime.  This would have more than doubled the current $455 per week salary threshold. …

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Team of creative professionals meeting in conference room

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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Wisconsin’s Right-to-Work Law Upheld By Federal Court of Appeals

July 14, 2017 – On July 12, 2017, the Seventh Circuit Court of Appeals issued a decision in International Union of Operating Engineers Local 139, et al. v. Schimel, No. 16-CV-590, 2017 WL 2962896, affirming the Eastern District of Wisconsin’s dismissal of a lawsuit filed by two units of the International Union of Operating Engineers…

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