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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 […]

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 […]

Paying Overtime to Managers in 2015?

Posted on May 4, 2015 by

We are anticipating the Department of Labor will propose new regulations governing the payment of overtime to employees under the Fair Labor Standards Act. These new regulations, originally promised in November of 2014, will likely change the tests for determining whether or not an employee is exempt from the overtime pay requirements. The result of […]

EEOC Gains Upper Hand in Biometric Time Clock Religious Discrimination Case

Posted on May 1, 2015 by

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

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 […]

Unsigned Legislative Memo: Drastic Changes Planned for Worker’s Compensation?

Posted on May 1, 2015 by

Senator Jon Erpenbach’s (D-Madison) office released an unsigned memorandum addressed to “WC Stakeholders.” The memorandum is dated January 15, 2015, and its subject line reads “WC Reorganization.” While the memorandum is unsigned, it is clear that the author is an administrator within the Worker’s Compensation Division of the Department of Workforce Development (DWD). The author […]

And Now There are Five

Posted on May 1, 2015 by

The United States Senate has confirmed Lauren McFerran as the fifth member of the National Labor Relations Board. The Board now stands fully staffed with a majority being labeled pro-employee. This means “beware” for employers. The confirmation of Lauren McFerran as Obama’s appointment to the National Labor Relations Board sets the stage for more pro-union […]

Independent Contractor, Not Employee?

Posted on May 1, 2015 by

There has been a lot of discussion about independent contractor status and initiatives by the Department of Labor to investigate whether a particular worker has been improperly classified as an independent contractor and not an employee of a company. The State of Wisconsin has signed on to cooperate directly with the Department of Labor in […]