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Employment

  • Agreement Prohibiting Solicitation of Employees by Former Employee may be Unenforceable

    Posted on August 23, 2016, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision from the Wisconsin Court of Appeals has raised serious questions regarding non-solicitation agreements that are often included as part of an employment agreement or severance agreement.  A non-solicitation agreement typically prohibits a departing employee from soliciting to hire other employees of your company to go to work for a…   

  • Employers Who “Usually” Employ 3 or More Employees: the Threshold for Mandatory Worker’s Compensation in Wisconsin

    Posted on August 2, 2016, Authored by Russell W. Wilson, Filed under Employment

    In general (i.e. non-farm) employment, Wisconsin’s Worker’s Compensation Act becomes mandatory for employers under either of two circumstances.  In the event such an employer pays $500 in wages during any calendar quarter, worker’s compensation becomes mandatory on the 10th day of the next quarter.  That’s a “bright line” rule.  Alternatively, work…   

  • OSHA Ban on Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing Programs Delayed

    Posted on July 18, 2016, Authored by Russell W. Wilson, Filed under Employment

    The date for implementation of OSHA’s ban on two programs – Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing – has been set back from August 10, 2016, to November 1, 2016, as a result of motion practice in a legal challenge.  The ban on these programs are part of a new regulation.  The U.S. Department of Labor Occupa…   

  • Collegiality in the Workplace – Not Authorized by NLRB

    Posted on July 13, 2016, Authored by Dean R. Dietrich, Filed under Employment

    Collegiality in the workplace is the goal of every employer in order to provide the proper atmosphere for productive employees.  Many employers have taken this desire to heart by publishing rules that encourage collegiality amongst employees and prohibit conduct that would adversely affect morale in the workplace.  A recent ruling by the National L…   

  • Payment for Not Taking Benefits – Additional Compensation

    Posted on July 5, 2016, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision in the Ninth Circuit Court of Appeals has highlighted another problem with determining the rate of pay for paying  overtime hours worked by non-exempt employees.  Under the Fair Labor Standards Act, employees are required to be paid time and one-half their regular rate of pay when they work more than 40 hours in a work week.  Ther…   

  • Withdrawal of Recognition of Union – Automatic Complaint

    Posted on June 29, 2016, Authored by Dean R. Dietrich, Filed under Employment

    Recent action by the National Labor Relations Board has challenged a long-standing labor precedent that may directly affect Wisconsin companies because of the implementation of the Wisconsin Right-to-Work Law.  Because of the Right-to-Work Law, many companies with union representation of its employees are learning the employees no longer support t…   

  • Wisconsin Court of Appeals Rejects Labor and Industry Review Commission's Worker's Compensation Determination as Unreasonable

    Posted on June 28, 2016, Authored by Russell W. Wilson, Filed under Employment

    Circuit courts and appellate courts commonly apply “great weight deference” to worker’s compensation benefit determinations made by the Labor and Industry Review Commission (“LIRC”), but not this time.  In an unpublished opinion issued by the Wisconsin Court of Appeals on June 21, 2016, the appellate court found that LIRC impermissibly read into a …   

  • New Wisconsin Organ and Bone Marrow Donation Leave Law Becomes Effective July 1, 2016

    Posted on June 23, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    Some may have forgotten that on April 1, 2016, Governor Walker signed a new law providing qualifying employees with the right to take up to 6 weeks of unpaid leave from work in a 12-month period, to serve as bone marrow and organ donors. The new law, 2015 Wisconsin Act 345, becomes effective on July 1, 2016—just over one week away.  So…it makes sen…   

  • NLRB to Unionized Employers - Hiring Permanent Strike Replacements is Not Always Lawful and Motive Now Matters

    Posted on June 2, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    It is well settled that once a union exercises its weapon to engage in an economic strike, an employer is empowered to continue its business operations through hiring of permanent strike-replacement employees.  Whether a strike-replacement employee is “permanent” for the purposes of the National Labor Relations Act involves a fairly technical analy…   

  • Today the DOL Announced its Long-awaited Final Rule!

    Posted on May 18, 2016, Authored by Sara J. Ackermann, Filed under Employment

    Today the Department of Labor (DOL) announced its long-awaited rule expanding overtime protection for employees.  Attorney Sara Ackermann wrote a short legal update detailing the highlights.  In addition, the update contains a link to the DOL’s resource page.   

  • Assigning Bathrooms – Reasonable Accommodation?

    Posted on May 12, 2016, Authored by Dean R. Dietrich, Filed under Employment

    There has been a great deal of media coverage regarding how to accommodate a transgender employees’ use of bathrooms.  Logic suggests that maintaining private bathrooms that would be available to any employee would be the most reasonable way to address this situation in the workplace.  A 2015 decision in a case brought by the Equal Employment Oppo…   

  • NLRB Judge Trumps Casino’s Employee Handbook E-Mail Policy

    Posted on May 9, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    Last week, an administrative law judge for the National Labor Relations Board concluded that Rio All-Suites Hotel and Casino’s (“Rio”) employee handbook policy addressing “Use of Company Systems, Equipment, and Resources,” violated the National Labor Relations Act.   The case is Ceasars Entertainment Corporation, No. 28-CA-060841.   In Ceasars, the…   

  • IRS Announces HSA Cost of Living Adjustments for 2017

    Posted on May 2, 2016, Authored by Mary Ellen Schill, Filed under Employment

    Late last week the IRS announced its adjustments to the health savings account limits for 2017.  These limits are adjusted annually by the IRS for “cost of living.”  Since the IRS rules for cost of living adjustments provide that adjustments are only made in $50 increments, and even then only if rounding to the nearest multiple of $50 results in an…   

  • Repeated Inadvertent Errors Do Not Constitute “Substantial Fault” For Unemployment Insurance (Or For Worker’s Compensation)

    Posted on April 25, 2016, Authored by Russell W. Wilson, Filed under Employment

    “Substantial fault” is a new concept that may determine whether a terminated employee is eligible for unemployment insurance benefits.  In 2013 the Wisconsin Legislature amended the unemployment insurance eligibility statute to create “substantial fault” as a basis to deny benefits; the new law took effect on January 5, 2014.  On April 14, 2016, th…   

  • Is Obesity a Disabling Condition?

    Posted on April 14, 2016, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision from the 8th Circuit Court of Appeals addressed whether obesity automatically qualifies as a disability under the Americans with Disabilities Act.  In a decision filed by an applicant for employment who was ultimately denied employment because of his severe weight and body mass index, the Court of Appeals held that obesity (in and…