Related to: Labor Law
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would ban employers from entering into or enforcing existing non-compete agreements with “workers.” This is not limited to only paid employees, but also to any “natural person who works, whether paid or unpaid, for an employer,” which includes an employee, independent contractor, extern,…
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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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In July of 2021, Jennifer Abruzzo stepped into the role of General Counsel for the NLRB after being appointed by President Biden. Since that time, Ms. Abruzzo has been vocal regarding her intent to increase the scope of the National Labor Relations Act (NLRA) and overturn decades of prior Board law. This is the most…
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On October 13, 2022, the U.S. Department of Labor (the “DOL”) published a New Proposed Rule to assist employers in classifying workers as either employees or independent contractors under the Fair Labor Standards Act (the “FLSA”). In a news release, the DOL states it believes the new proposed rule would preserve essential worker rights and…
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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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*On May 5, 2021 the Department of Labor issued a new Final Rule that withdrew this Rule. The Rule was never made effective before it was withdrawn. This withdrawal was expected with the change in administration. Employers should continue to rely on the previous “totality of the circumstances” economic realities test that has been used…
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On September 13, 2018, the 7th Circuit Court of Appeals issued a decision in International Association of Machinists District 10 and Local Lodge 873 v. Allen, holding Wisconsin could not shorten the one-year irrevocable period for dues-checkoff authorizations imposed by federal law. This decision affirms an earlier United States District Court decision out of the Western…
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Today, the United States Supreme Court issued a decision in Janus v. American Federation, et al., concluding that public sector employees cannot be required to pay so-called “fair share” union fees. This decision is likely to cause a significant decrease in union revenue and may result in further decline of union membership. The petitioner in…
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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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Today, the Budget Bill (2011 Wisconsin Act 32) was published, which results in an effective date of July 1, 2011. Included in the Budget Bill are significant changes to the rights of public employees, including employees of school districts. This Legal Update will provide a summary of these changes, and how they impact the changes…
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