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EEOC Strikes Again

Posted on September 17, 2014 by

I mentioned in a blog several weeks ago that summer was gone and the EEOC was embarking upon a renewed effort to flex its muscles and pursue claims designed to limit the rights of employers. The EEOC has acted again by bringing a lawsuit against a California company challenging the language in an employee information […]

Decision on “Like” Facebook Protection is Appealed

Posted on September 16, 2014 by

I recently blogged about a decision from the National Labor Relations Board holding that an action by a worker to “Like” a comment on Facebook about the poor conduct of a company was considered protected speech under the National Labor Relations Act. The NLRB found that the termination of an employee for “liking” a comment […]

NFL on the Defensive: What Your Organization Can Learn From the Rice Incident.

Posted on September 11, 2014 by

Right now the National Football League is “on trial.” We aren’t talking about your typical trial before a judge and jury. This is a trial of the worst kind – a trial by media. With about half of Americans admitting they are fans of professional football, this is a trial that America is watching. Whether […]

Using “Like” on Facebook may be Protected Speech

Posted on September 5, 2014 by

A recent decision from the National Labor Relations Board (August 25, 2014) held that an employee using the “Like” feature on a Facebook page to show support for comments by another employee about the conduct of the company payroll system constituted protected speech under the National Labor Relations Act. The Board held that the termination […]

English-Only Policies Under Scrutiny

Posted on September 3, 2014 by

Some companies have adopted an English-only policy which requires that employees use English as the only language allowed in the workplace. This type of policy is often adopted for safety reasons to ensure that everyone understands what is being said in an emergency situation. Unfortunately, the adoption of an English-only policy can create liability for […]

Aggressive Conduct Toward Subordinate Places Sheriff in Jeopardy of Civil Suit Under Wisconsin Law

Posted on September 2, 2014 by

Just how threatening and intimidating can a superior or co-employee act toward a subordinate or co-employee without incurring the risk of a civil lawsuit for damages under Wisconsin law? The federal district court in Madison faced that interesting question in a preliminary motion hearing. As a result, the lawsuit against the sheriff of Burnett County […]

Lazy Days of Summer are Gone – EEOC Files Lawsuits

Posted on August 28, 2014 by

It appears the lazy days of summer have gone away. The Equal Employment Opportunity Commission (EEOC) recently filed two lawsuits showing its aggressive stance to “cleanup” its view of discrimination matters. One lawsuit involved discrimination under the Americans with Disabilities Act for being terminated when deciding not to participate in a wellness program. The other […]

Protecting Your Workplace May Be Getting Easier

Posted on August 27, 2014 by

On numerous occasions, we have received a phone call from a client that goes something like this: “An employee has reported to human resources that their (family member/friend/acquaintance) has been engaging in harassing behavior that the employee is concerned may continue into the workplace. What can we do to protect the employees (or students), our […]

Update: Watch Out for NLRB Activism

Posted on August 25, 2014 by

I recently attended an employment law seminar sponsored by the State Bar of Wisconsin. One of the presenters was the Officer in Charge of Sub region 30 of the National Labor Relations Board. In a very candid and open discussion, the Officer in Charge made it very clear that the activism of the National Labor […]

Attention Deficit Disorder – Disability?

Posted on August 20, 2014 by

I have always been concerned that attention deficit disorder would become a commonplace claim of a disability by employees, especially employees who are subject to disciplinary action. A recent decision from the 9th Circuit Court of Appeals gives employers some hope that attention deficit disorder (ADHD) will not automatically be considered a disability. In this […]