Blog: Labor Lawyer

 

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Reassignment to a Vacant Position Under the ADA: Eleventh Circuit Concludes the Best Candidate Gets the Job – But What About Wisconsin?

Posted on December 19, 2016 by
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Earlier this month, the United State’s Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph’s Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the transfer of a disabled employee into a vacant position without consideration of the qualifications of other candidates competing for the […]

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

Posted on June 23, 2016 by
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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 […]

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

Posted on June 2, 2016 by
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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 analysis, and includes the […]

Federal Court Rejects NLRB’s Recently-Adopted Solicitation Standard, Criticizes NLRB’s Reasoning

Posted on February 23, 2016 by
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If you follow this blog, you may recall my post from November 26, 2014 Labor Unions Have Another Reason to Be Thankful: NLRB Serves Up Holiday Season Gift about the NLRB’s controversial decision in Conagra_Foods_Inc, concerning the meaning of “solicitation” for purposes of the National Labor Relations Act.  Although the Conagra Foods, Inc. decision floated […]