Related to: Law

Brian-working

Recognizing Signs of Employee Dissatisfaction That Lead to Union Organization

Which employees are most likely to seek union assistance in the workplace and/or file claims against their employer? The answer, of course, is those who are dissatisfied with their work environment. In general, employees who feel they are respected and treated fairly at work, and enjoy a positive work culture, are less likely to turn…

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Seventh Circuit Reaffirms the Importance of Prompt, Effective Remedial Action as a Defense to Harassment Claims

On December 26, 2018, the Seventh Circuit Court of Appeals issued a decision affirming summary judgment and dismissing claims of sexual discrimination, sexual harassment and retaliation against an employer, in Swyear v. Fare Foods Corporation. The Seventh Circuit reiterated that single or isolated incidents of inappropriate conduct in the workplace may not always rise to…

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5 Tips for Responding to Reports of Bullying

As National Bullying Prevention Month draws to a close, it is important to reflect on the legal requirements and best practices for addressing reports of bullying and harassment. Effectively responding to reports of bullying and harassment is critical, not only for protecting the safety and wellbeing of the students, but also for protecting the school…

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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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7th Circuit Court Invalidates Wisconsin’s 30-Day Dues Deduction Revocation Law

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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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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Contract signing

Recommendations for Municipalities to Ensure Compliance with Janus v. AFSCME Decision

On June 27, the United States Supreme Court issued its decision in Janus v. AFSCME. The Court held that public sector employees cannot be required to pay “fair share” union fees. This is the fee paid to the union by those employees who are not willing to join the union. We previously summarized the decision…

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Supreme Court Upholds Individual Arbitration Agreements

This morning, the United States Supreme Court issued a decision granting significant rights to employers seeking to limit liability in class action cases. In a 5-4 decision, the Court upheld the use of class action waivers in individual employment agreements. This means employees who sign agreements binding them to bring individual arbitration actions cannot bring…

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Seventh Circuit Says Multiple Month Leave of Absence is Not a Reasonable Accommodation

In two recent cases, the Seventh Circuit Court of Appeals, which covers Wisconsin, Illinois, and Indiana, held an employee in need of a multiple month leave of absence is not within the class of employees protected by the Americans with Disabilities Act (“ADA”). The Seventh Circuit’s decisions present a potential conflict between the obligations imposed…

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Can a Student Be Expelled for Threatening School Violence?

School districts are increasingly confronted with threats of school violence made by students, and in light of national events, they are right to take them seriously.  Oftentimes, the question arises of whether such conduct is subject to expulsion. Can a School District Expel a Student for Threatening School Violence? Yes.  Section 120.13(1)(c)1. of the Wisconsin…

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