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NLRB Gives It the Old College Try – Again Hints that Athletes May Indeed Be Employees

Posted on October 24, 2016 by

Labor and employment practitioners will undoubtedly recall the NLRB’s well-publicized foray last year into the ongoing public debate surrounding whether certain college athletes should be considered compensated employees—Northwestern University, 362 NLRB No. 167 (Aug. 17, 2015). Through Northwestern University, the Board punted—but left open—the substantive issue of whether private university, grant-in-aid scholarship football players meet […]

DOL Overtime Rule Update: Breaking News!!!!!

Posted on September 22, 2016 by

On September 20, 2016, two lawsuits were filed in an attempt to block the DOL’s proposed overtime rule (the “Rule”).  Wisconsin joined 20 other states in filing one suit while the U.S. Chamber of Commerce along with 50 other business groups filed the other.  Both suits, filed in the U.S. District Court for the Eastern […]

Hairstyle Is Not a Protected Category but Sexual Orientation Likely Is

Posted on September 20, 2016 by

Several recent decisions have opened the door to further scrutiny regarding discrimination and the basis for a finding of discriminatory conduct by an employer.  These decisions continue to show the volatility of discrimination claims and determinations of whether or not an employee can claim discrimination based on company actions. In one court decision, it was […]

Recognition of Same-Sex Marriage Officially the Tax Law of the Land

Posted on September 1, 2016 by

Effective tomorrow, September 2, 2016, new IRS final regulations will take effect which provide that for federal tax purposes, the terms “spouse,” “husband,” and “wife” mean an individual lawfully married to another individual.  The terms “husband and wife” mean two individuals lawfully married to each other.  Lawful marriage means the marriage is recognized by the […]

Agreement Prohibiting Solicitation of Employees by Former Employee may be Unenforceable

Posted on August 23, 2016 by

A recent decision from the Wisconsin Court of Appeals has raised serious questions regarding non-solicitation agreements that are often included as part of an employment agreement or severance agreement.  A non-solicitation agreement typically prohibits a departing employee from soliciting to hire other employees of your company to go to work for a competitor or for […]

Employers Who “Usually” Employ 3 or More Employees: the Threshold for Mandatory Worker’s Compensation in Wisconsin

Posted on August 2, 2016 by

In general (i.e. non-farm) employment, Wisconsin’s Worker’s Compensation Act becomes mandatory for employers under either of two circumstances.  In the event such an employer pays $500 in wages during any calendar quarter, worker’s compensation becomes mandatory on the 10th day of the next quarter.  That’s a “bright line” rule.  Alternatively, worker’s compensation becomes mandatory when […]

OSHA Ban on Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing Programs Delayed

Posted on July 18, 2016 by

The date for implementation of OSHA’s ban on two programs – Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing – has been set back from August 10, 2016, to November 1, 2016, as a result of motion practice in a legal challenge.  The ban on these programs are part of a new regulation.  The […]

Collegiality in the Workplace – Not Authorized by NLRB

Posted on July 13, 2016 by

Collegiality in the workplace is the goal of every employer in order to provide the proper atmosphere for productive employees.  Many employers have taken this desire to heart by publishing rules that encourage collegiality amongst employees and prohibit conduct that would adversely affect morale in the workplace.  A recent ruling by the National Labor Relations […]

Payment for Not Taking Benefits – Additional Compensation

Posted on June 29, 2016 by

A recent decision in the Ninth Circuit Court of Appeals has highlighted another problem with determining the rate of pay for paying  overtime hours worked by non-exempt employees.  Under the Fair Labor Standards Act, employees are required to be paid time and one-half their regular rate of pay when they work more than 40 hours […]

Withdrawal of Recognition of Union – Automatic Complaint

Posted on June 29, 2016 by

Recent action by the National Labor Relations Board has challenged a long-standing labor precedent that may directly affect Wisconsin companies because of the implementation of the Wisconsin Right-to-Work Law.  Because of the Right-to-Work Law, many companies with union representation of its employees are learning the employees no longer support the union and are withdrawing the […]