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NLRB Changes Standard – Two Chances to Protect Employee Rights

Posted on May 5, 2015 by

A decision issued last week by the National Labor Relations Board significantly changed the “deferral standard” that was used by the NLRB when considering whether a grievance arbitration award properly addressed the protection of employee rights to communicate about union activities.  In the recent decision of Babcock Wilcox Construction Co., Inc. the NLRB decided that […]

New Year Present from EEOC – Review of Wellness Programs

Posted on May 5, 2015 by

As we think about Christmas presents, the EEOC recently announced its initiatives for the next year. One of those initiatives will be a review of wellness programs and the incentives that an employer provides to employees to participate in a wellness program. The EEOC is trying to coordinate the requirements of the Affordable Care Act […]

Management Rights Clauses – Employer’s Ability to Make Policy Changes Depends Upon What Management Writes

Posted on May 5, 2015 by

On December 30, 2014, a National Labor Relations Board administrative law judge (“ALJ”) issued his decision in Graymont PA, Inc., available here: Graymont_PA_Inc._Decision.   Through Graymont, PA, Inc., the ALJ reminded unionized employers to think twice before implementing workplace policy changes without first notifying the incumbent union and offering an opportunity to bargain about the […]

NLRB Judge to Employer: Stated Reason for Terminating Employee Who Complained About Pot is Smokescreen

Posted on May 5, 2015 by

Recently, an administrative law judge (“ALJ”) for the NLRB concluded that a casino employer’s stated reason for terminating an employee (“Schramm”), who complained about the risks of inhaling second-hand marijuana smoke, were not genuine—and the termination of employment violated the NLRA. The case is Circus Circus Casinos, Inc., and is available here:  Circus_Circus_Casinos_Inc. This decision […]

Working at Home May Not be a Reasonable Accommodation

Posted on May 4, 2015 by

In May 2014, I wrote a blog indicating a federal court of appeals decision suggested that a permanent assignment to working at home may be a reasonable accommodation for an employee suffering from a disability.  Another federal court of appeals, the Seventh Circuit Court of Appeals (which covers Wisconsin), has taken a different view of […]

Lawsuit Challenges NLRB Rules On Quickie Election

Posted on May 4, 2015 by

As we have previously discussed on this blog site, the National Labor Relations Board has published new election rules often described as the “quickie election” rules. A blog summarizing the rules can be found here. These rules are to take effect on April 14, 2015, but a legal challenge has been filed to seek overturning […]

Micro-Union Ruling is Start to Lengthy Legal Process

Posted on May 4, 2015 by

The National Labor Relations Board has confirmed an Administrative Law Judge (ALJ) decision that Macys, Inc. is obligated to bargain with a small bargaining unit of cosmetic and fragrance sales persons instead of holding that these employees have a community of interest with other Macys, Inc. employees and should not be in a separate (small) […]

IRS Announces HSA Cost of Living Adjustments

Posted on May 4, 2015 by

Each spring (or late winter for those of us lucky enough to be living in Wisconsin), the IRS adjusts the various maximums (and minimums) for health savings accounts for the upcoming calendar year. The tax code (Code Section 223 if you want to play along at home) provides for annual “cost of living” adjustments for […]

2016 Health Savings Account Cost of Living Adjustments

Posted on May 4, 2015 by

The Internal Revenue Service today announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2016. HSA/HDHP Requirement  Cost-of-Living Adjustments Limit on HSA Contributions – Self-only HDHP  2015 – $3,350  2016 – $3,350 Limit on HSA Contributions – Family HDHP  2015 – $6,650  2016 […]

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

Posted on May 4, 2015 by

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 […]