Related to: Employment Law

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…

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The 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…

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WERC Ruling Makes Most Employee Health Insurance Language in Collective Bargaining Agreements with Wisconsin Public Safety Unions Illegal

On July 6, 2022, the Wisconsin Employment Relations Commission (WERC) issued a pair of decisions with major state-wide implications for municipal employers and their public safety unions. In City of Racine (police), Decision No. 39446 (WERC, 7-6-22) and City of Racine (firefighters), Decision No. 39447 (WERC, 7-6-22), the WERC held that municipal employers are prohibited…

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Wisconsin Supreme Court Provides Clarity to the Test for Arrest and Conviction Discrimination

On March 10, 2022, the Wisconsin Supreme Court handed down a decision in Cree, Inc. v Labor and Industry Review Com’n, 2022 WI 15, that directly impacts how employers must understand their obligations to avoid arrest and conviction discrimination under Wis. Stat. § 111.335(3)(a)1. In 2015 Cree, Inc., interviewed Derrick Palmer for the position of…

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Stimulus Bill Impact on FFCRA Paid Leave and Tax Credits

Stimulus Bill Impact on FFCRA Paid Leave and Tax Credits

On December 27, 2020, President Trump signed into law a new coronavirus stimulus bill that includes provisions which modify and extend certain parts of the Families First Coronavirus Response Act (FFCRA).  The FFCRA was set to expire on December 31, 2020.  The new stimulus bill does not require employers to continue FFCRA paid leave benefits. …

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working from home

Governor Evers Safer-at-Home Order

Today, March 24, 2020, Governor Evers’ issued a Safer-at-Home Order in an attempt to “flatten the curve” of COVID-19 in the State of Wisconsin. The Order goes into effect starting Wednesday, March 25, 2020 at 8:00 a.m. and remains in effect until April 24, 2020, or until a superseding order is issued. This Order has…

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Families First Coronavirus Response Act Signed into Law

On Wednesday, March 18, 2020, President Trump signed an emergency bill to expand FMLA leave as well as guarantee paid sick leave for certain U.S. workers. The expansion of the FMLA and the new paid sick leave requirements apply only to private employers who employ fewer than 500 employees and to all public employers with…

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joint employer agreement

National Labor Relations Board Finalizes Rule on Joint Employer Status

On February 26, 2020, the National Labor Relations Board (NLRB) will issue its finalized rule that will make it more difficult to hold companies liable for unlawful labor practices by franchisees and contractors.  The long awaited “joint employer rule” was first proposed in September 2018 in direct response to a 2015 decision by NLRB members…

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Wisconsin Supreme Court Holds Commute Time in an Employer’s Vehicle is Not Compensable

The Wisconsin Supreme Court recently issued a helpful decision to Wisconsin employers. Following the Supreme Court’s decision in Kieninger v. Crown Equipment Corp., 2019 WI 27, it is now clear ordinary travel time between home and work in an employer owned vehicle is not compensable work time under Wisconsin wage and hour law. Background The…

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Recent Supreme Court Decisions Limit Employee Class Actions

In May 2018, we alerted clients to a huge win for employers who utilize individual arbitration agreements with their employees when the United States Supreme Court issued a decision in Epic Systems Corp. v. Lewis. Through that decision, the Supreme Court upheld the use of class action waivers in individual employment agreements. Employers were then…

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