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Are Local Right-To-Work Laws Legal: Recent Lawsuit Could Provide Definitive Answer

Posted on May 4, 2015 by
Blog

On January 14, 2015, a group of labor unions—led by the UAW and UFCW—filed suit against Hardin County, Kentucky, in response to a municipal “right-to-work” ordinance. Through the lawsuit, the unions allege that the National Labor Relations Act preempts [overrides and does not permit] local right-to-work measures. A blog post about so-called right-to-work laws is […]

EEOC Gains Upper Hand in Biometric Time Clock Religious Discrimination Case

Posted on May 1, 2015 by
Blog

Let’s face it, not all employees are saints—unfortunately, there will always be that one employee who brazenly decides to color outside of the lines. Recently, several clients have asked me for my opinion about biometric time clocks – in response to “buddy punching,” or falsification of time-cards and other electronic time-management records.  Biometric time clocks […]

Employer’s Failure to Accommodate Needle Phobia Leads to 2.6 Million Dollar ADA Verdict

Posted on May 1, 2015 by
Blog

Last week, a federal jury in an Americans with Disabilities Act case entered a 2.6 million dollar plaintiff’s verdict in favor of a former Rite Aid Corporation pharmacist who Rite Aid allegedly discharged in response to his inability to administer flu shots. According to court records, the former Rite Aid pharmacist suffered from trypanophobia, which […]

Court Decision Leaves Bad Taste in Mouth of Restaurant Company: Found Liable for Predecessor Company’s Workplace Retaliation

Posted on April 29, 2015 by
Blog

We’ve all heard of the concept of “paying for the sins of our ancestors.” Well, in that same vein, the federal Seventh Circuit Court of Appeals [which presides over Wisconsin employers] recently concluded that a Wisconsin restaurant company is liable for its predecessor’s past act of workplace reprisal, in response to an employee’s complaint concerning […]

Right-to-Work Legislation and the Union “Free-Rider” Conundrum: The Rest of the Story

Posted on April 28, 2015 by
Blog

This week, the Wisconsin State Senate passed the much maligned “right-to-work” bill—which now moves onto the State Assembly [and is anticipated to be signed into law by Governor Walker]. In reading about the controversial legislation, and talking to friends and colleagues about it too, I’ve repeatedly heard about one of the arguments against the proposed […]

As Expected, Unions File Lawsuit to Challenge the Legality of Wisconsin’s Right-to-Work Law

Posted on April 28, 2015 by
Blog

Yesterday, as expected, several labor unions filed suit in the Dane County Circuit Court, challenging the constitutionality of Wisconsin’s Right-to-Work Law [2015 Wisconsin Act 1]. A copy of the complaint filed by the labor unions is available here: Right to Work Complaint for Declaratory and Injunctive Relief Recently, labor unions in Indiana unsuccessfully challenged Indiana’s […]