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Employer’s Modification to Employee Handbook Break Policy Was Unfair Labor Practice

Posted on February 11, 2016 by

Often [at least within my respective circles of friends and co-workers],the National Labor Relations Board (NLRB) is criticized for its polemics of ipse dixit—“it is so because we say it is so.”    Recently, one business advanced this same criticism through legally challenging the NLRB’s decision in federal appeals court.   On February 9, 2016, the US […]

Company Websites May Tangle Up Employers in ADA Liability

Posted on February 8, 2016 by

Does your company’s public business website create liability under the ADA?  The short, lawyerly, answer is—“it depends.”  Plaintiffs’ lawyers across the country are seizing upon Title III of the ADA [Places of Public Accommodation] as a basis for making threatening demands and filing lawsuits based on the claim that publicly-accessible business websites do not provide […]

Will Employers Be Surprised in July?

Posted on February 5, 2016 by

Recent statements from the Department of Labor Solicitor Patricia Smith have suggested that the new regulations being considered by the Department of Labor on the white collar exemptions from overtime will be published in July and become effective in September.  This is an earlier date than was originally hinted at by Solicitor Smith in prior […]

NLRB Mails it In: Captive-Audience Speeches in Mail-Ballot Elections Now More Restrictive

Posted on February 4, 2016 by

For most companies that have experienced a union organizing campaign, the concept of “captive audience” speeches on the eve of a manual, secret-ballot election is very familiar.  In this context, the National Labor Relations Board (“NLRB”) has long held that employers are generally prohibited from conducting massed captive-audience speeches within the 24-hour period prior to […]

Exclusive Remedy of Worker’s Compensation Bars State Law Claims for Emotional Distress

Posted on February 1, 2016 by

The federal District Court for the Eastern District of Wisconsin dismissed two state law emotional distress claims in a lawsuit based on the exclusive remedy provision of the Wisconsin Worker’s Compensation Act (WCA).  The employee filed suit under the Americans with Disabilities Act (ADA) alleging that the failure of her employer to provide requested leave […]

New Proposed EEOC Guidelines on Retaliation

Posted on January 29, 2016 by

On January 21, 2016, the EEOC issued its Proposed Enforcement Guidance on Retaliation and Related Issues which is to be used as a reference for staff investigators on charges alleging retaliation and other related issues.  The stated purpose of the guidance is to replace the EEOC’s 1998 Compliance Manual on Retaliation.  While much of the […]

Caution, Caution – Are You a Joint Employer?

Posted on January 28, 2016 by

Recent guidance from the Department of Labor has created a stir regarding two or more businesses that could be considered joint employers and thereby held jointly and severally responsible for complying with minimum wage and overtime pay requirements of the federal Fair Labor Standards Act.  Under guidance issued by Wage and Hour Division Administrator, Dr. […]

Are Your Supervisors Really Supervisors?

Posted on January 27, 2016 by

A recent decision from the Federal Fourth Circuit Court of Appeals has created some question regarding the definition of supervisor under the National Labor Relations Act (NLRA).  In a recent, unpublished decision, the Fourth Circuit upheld the finding by the National Labor Relations Board (Board) that certain supervisors of the company did not actually qualify […]

National Issues That Will Affect Central Wisconsin Businesses in 2016

Posted on January 25, 2016 by

Staying up-to-date and compliant with new laws, rules, and regulations is an ever increasing cost of doing business. Despite the fact that at the end of 2015 Congress took important steps to provide businesses with long-term certainty by permanently extending the federal Research and Development Tax Credit and the Section 179 expensing deduction, much was […]

ADA Protections in the Application Process

Posted on January 11, 2016 by

A recent lawsuit filed by the Equal Employment Opportunity Commission is a reminder that employers have a duty to accommodate an applicant for employment if the applicant identifies the need for accommodations during the application/interview process.  The EEOC recently sued McDonalds Corporation for its alleged refusal to interview a deaf job applicant.  The applicant indicated […]