Labor & Employment Blog COVID-19 Vaccine Policy Considerations for Wisconsin EmployersWith COVID-19 vaccinations now available, employers may want to implement a mandatory vaccine policy within their organization. Janelle Schlosser reviews the risks for employers related to mandatory vaccine policies in the workplace.
Labor & Employment Blog Defining 'Sex' in Title VII: The Bostock Decision and LGBTQ RightsThe U.S. Supreme Court recently ruled that federal law prohibits employers from discriminating against gay, lesbian, and transgender employees in workplaces. Hayley Archer discusses the case, its potential implications, and what it means for employees in Wisconsin.
Labor & Employment Blog Reopening Your Firm Carefully and Compassionately in the COVID-19 EraLaw firms, like all employers, have been inundated with advice and guidance for reopening their workplaces in the wake of the COVID quarantine. Jane Clark, Sheila Conroy, and Hannah Renfro provide guidance on reopening your office in a manner thatprotects your employees and clients, as well as your bottom line.
Labor & Employment Blog 5 Key Differences in Wisconsin and Federal Laws Employers Should KnowAs the state opens up from stay-at-home orders, Wisconsin employers prepare for an increase in claims from pandemic job losses. Keith Kopplin and Christina Wabiszewski highlight five key differences in Wisconsin and federal employment laws that employers should know to reduce liability.
Labor & Employment Blog How to Free Workers from Abusive Restrictive CovenantsOver the last few years, noncompete agreements have been popping up in contexts where they are not permissible. Marianne Goldstein Robbins and Joe Sexauer discuss the specifics of noncompete agreements in Wisconsin and federal law, and how to address their overuse.
Labor & Employment Blog Seventh Circuit: Extreme Obesity Alone Is Not a DisabilityThe Seventh Circuit Court of Appeals recently ruled that extreme obesity, by itself and alone, does not constitute a disability under the Americans with Disabilities Act. Dean Dietrich discusses the issue, saying that employers must be careful about perceiving an individual who is extremely obese from being considered impaired or in some way unable to perform assigned duties.
Labor & Employment Blog Employer Obligations When Using Third Parties to Conduct Background ChecksWhen employers engage third parties to conduct background checks on job applicants, they must be certain to follow their obligations under the Fair Credit Reporting Act and similar state laws or they may open themselves up to liability. Meg Vergeront discusses employer obligations when conducting a background check through third-party investigators.
Labor & Employment Blog #MeToo and Sexual Harassment in the Workplace: Has Anything Changed?In the #MeToo era, employees are still faced with substantial challenges when bringing claims of sexual harassment in federal court. Katherine L. Charlton discusses a recent court of appeals case decision that is a reminder of the importance of documentation.
Labor & Employment Blog The NLRB, Staunton, and Changes to Unionization in the Construction IndustryThe NLRB recently invited, then disinvited, people to give their thoughts on the Staunton holding – the case that allows construction employers and unions to convert National Labor Relations Act Section 8(f) agreements into Section 9(a) agreements into Section 9(a) agreements. Patrick Whiting takes a look at what Staunton established, and what could result if its holding is overturned.
Labor & Employment Blog Purloined Evidence and the Health Care WhistleblowerHealth care whistleblowers must walk a fine line in determining which materials can be taken from an employer as evidence of False Claim Act qui tam claims. Guest authors Stacy Gerber Ward and Nola Hitchcock Cross of the State Bar of Wisconsin Health Law Section discuss guidelines governing the relationship between a health care provider and employees who are potential whistleblowers.
Labor & Employment Blog Finding Common Ground: Sue Bauman on Labor Law and GovernmentFrom her roles as president of Madison Teachers Incorporated, alder and mayor of Madison, commissioner on the Wisconsin Employment Relations Commission, and now as mediator and arbitrator, Sue Bauman has made an impact on the practice of law in Wisconsin. Learn more about Bauman’s career as she finishes her term as chair of the Labor & Employment Law Section.
Labor & Employment Blog To Mediate or Not? Look Beyond the LawHow do you determine if a particular case is a good candidate for mediation? The answer goes well beyond the legal substance and merits of the case, says Jill Hamill Sopha, who discusses key questions lawyers should consider when deciding whether to mediate.
Labor & Employment Blog Sixth Circuit: Transgender Employee Rights Protected by Title VIIThe Sixth Circuit Court of Appeals recently became the first federal appellate court to recognize that discrimination in employment of a transgender employee is sex discrimination under Title VII of the Civil Rights Act of 1964. Katherin Charlton discusses the decision and its possible impact in Wisconsin.
Labor & Employment Blog You Can Mediate That! A Fresh Perspective on Employment MediationGiven that nearly all employment disputes resolve short of trial, it is never too early for an employment lawyer to consider mediation, writes Jill Sopha. Just what does it take to reach a resolution when an impasse looms?lawyer consider mediation, writes Jill Sopha.
Labor & Employment Blog National Labor Relations Board Rollback ContinuesChanges in interpretation of National Labor Relations Board case law that began with the appointment of Chairman Philip Miscimarra are expected to continue under John Ring, nominated by President Trump to succeed Miscimarra. Chuck Pautsch discusses the recent case law changes and what to expect in the future.
Labor & Employment Blog Seventh Circuit: Multi-month Leave Not a Reasonable ADA AccommodationThe Seventh Circuit recently reaffirmed its position that an employee’s leave of two months or longer is not a “qualified individual with disability” with protection under the Americans with Disabilities Act. David A. McClurg discusses the implications of the recent appeal, in which he argued on behalf of the employer.
Labor & Employment Blog 53 Years after Title VII: Statistical Trends in Employment Discrimination Claims in WisconsinNicholas McLeod takes a statistical look at the current state of employment discrimination, retaliation, and harassment claims in Wisconsin, and the trends they reveal. “More than 50 years after Title VII, race is still the most litigated form of employment discrimination in Wisconsin and in the U.S., showing no signs of slowing down,” McLeod says.
Labor & Employment Blog Ninth Circuit Finds Employer’s Lawyer Liable for FLSA RetaliationA recent case in the Ninth Circuit Court of Appeals shows just how broad the FLSA’s anti-retaliation provisions can be. Claire Roehre discusses the case, which involves retaliation by an employer’s attorney against an undocumented worker for bringing a lawsuit over numerous workplace violations.
Labor & Employment Blog Happy Hour Not So Happy for EmployersEmployees traveling for work are entitled to worker's compensation benefits for injuries sustained while engaging in “reasonable recreation” without the activity being considered a “deviation” from employment. Attorney Aneet Kaur discusses a recent Court of Appeals decision finding injuries sustained by an employee, after a day of bar-hopping with his co-worker, compensable under the Worker’s Compensation Act.
Labor & Employment Blog Employers and Social Media in the WorkplaceSocial media in the workplace can raise thorny questions and expose employers to liability in a number of scenarios. Timothy Edwards outlines the important questions that employers must confront when their employees are allowed to access social media while at work.
Labor & Employment Blog How Should Employers Respond to Trump’s Muslim Ban?Donald Trump’s Jan. 27 Executive Order suspends the issuing of immigration visas and other immigration benefits to citizens of several Middle Eastern countries, affecting employees of U.S. businesses and employees' family members. How should companies and their human resources staff respond to the impact of this Executive Order?
Labor & Employment Blog Affordable Care Act Update – How to Buy Group Health Insurance in 2016The Affordable Care Act requires applicable large employers to provide health insurance coverage statements to employees and file annual information returns with the IRS. The details should be used to inform a large employer’s group health plan purchase or renewal strategy.
Labor & Employment Blog Wisconsin Lays the Groundwork for Donning and Doffing CompensationIn this post, Julie A. Lewis discusses the recent Wisconsin Supreme Court decision in United Food & Commercial Workers Union, Local 1473 v. Hormel Foods Corp. regarding the compensability under Wisconsin law of employee time spent donning and doffing sanitary clothing and personal equipment.
Labor & Employment Blog Eligibility for Health Insurance Can Be Tied to Participation in a Wellness PlanA federal district court judge sitting in the Western District of Wisconsin recently held that employers may condition eligibility for employer-sponsored health insurance upon participation in a wellness plan under the Americans With Disabilities Act’s “safe-harbor” provision in some circumstances, writes Meg Vergeront.
Labor & Employment Blog Federal Court Rejects NLRB’s Recently Adopted Solicitation Standard, Criticizes NLRB’s ReasoningAlthough the Conagra Foods, Inc. decision floated under the radar due to other noteworthy decisions around the same time, most management-side labor-relations lawyers – myself included – viewed the decision as part of an insidious attack on the ability ofcompanies to prohibit and/or curb a species of workplace chatter that is disruptive and threatens productivity and security.
Labor & Employment Blog Breaking the Chain of the Cat’s Paw TheoryIn Woods v. City of Berwyn, the Court of Appeals for the Seventh Circuit finds facts sufficient to break the cat’s paw chain of discrimination liability and, in doing so, provides hints to plaintiff and defense counsel regarding how this proximate cause theory may be analyzed.
|
|