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Business Law Blog

Posts by Attorney David McClurg

Appellate Court Restricts Wisconsin's "Substantial Fault" Disqualification Standard for Unemployment Benefits

Posted by Attorney David McClurg in Human Resources, Unemployment Law, Unemployment Disqualification Standards / Comments

The Wisconsin Court of Appeals recently narrowed the scope of the "substantial fault" disqualification standard, added to Wisconsin's Unemployment Act in 2013, by broadly interpreting the exceptions to that standard.

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OBAMA INCREASES EXECUTIVE ACTION ON LABOR & EMPLOYMENT ISSUES

Posted by Attorney David McClurg in Labor Relations / Comments

After years of gridlock, President Obama declared in his State of the Union address that he would move forward on employment issues “with or without Congress.” His first Executive Order tied to this threat increased the minimum wage for workers under new federal contracts from $7.25/hour to $10.10/hour, in part to “help build momentum for a minimum wage hike for all Americans.” This Order applies to new contracts and renewals ...

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STATE BUDGET BILL SUBSTANTIALLY CHANGES WISCONSIN’S UNEMPLOYMENT LAWS

Posted by Attorney David McClurg in Human Resources, Business Management / Comments

The 2013-2015 biennial budget bill, recently enacted as 2013 Wisconsin Act 20, included many significant changes to Wisconsin’s unemployment insurance (“UI”) law. Although some of these changes took effect immediately after the effective date of the Act 20 (such as increasing work search requirements from 2 to 4 contacts per week) most will first apply to unemployment determinations issued or appealed on or after Jan. 5, 2014.  Several of the ...

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Rules Requiring that Injured Employees Demonstrate 100% Recovery Before Being Allowed to Return to Work Likely Violate the ADA

Posted by Attorney David McClurg in Employer-Employee Relationship, Human Resources, Business Management / Comments

In the past, some employers have required that an injured employee provide a doctor’s slip indicating that they could return to work “without restrictions” or that they were “100% healed” from the injury before the employee would be allowed to return to work. Although employees denied permission to return to work based on such rules sometimes pursued claims against their employers asserting that the employer improperly “regarded” them as disabled, ...

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NLRB POSTING RULE AGAIN DELAYED

Posted by Attorney David McClurg in Business Management, Labor Relations / Comments

We have yet another turn in the saga of the controversial NLRB Rule requiring employers to post a notice of employee rights under the National Labor Relations Act. After two previous delays in the implementation date motivated by requests from one of the federal courts considering challenges to the NLRB’s authority to require employers to post such notices, the Rule was set to become effective on April 30, 2012.A ...

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Ten New Year’s Resolutions for Human Resource Professionals

Posted by Attorney David McClurg in Employer-Employee Relationship, Human Resources, Business Management, Labor Relations / Comments

1)         I will focus on improved documentation to support employment decisions. 2)         I will routinely engage employees with physical or mental impairment in an interactive process to evaluate potential accommodations. 3)         I will ask job applicants about potential accommodations (but never about the existence or nature of any disability) ONLY if:a) I reasonably believe the candidate has a need for accommodation because of an obvious disability;b) I reasonably believe the candidate may ...

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Concealed Carry – What’s Your Policy?

Posted by Attorney David McClurg in Employer-Employee Relationship, Business Management / Comments

Wisconsin’s Concealed Carry Law took effect on November 1, 2011, and the Department of Justice was immediately inundated with applications for concealed carry (“CC”) licenses. While employers have the right to ban weapons in their facilities, in company owned vehicles and at their remote work locations, they cannot prohibit CC license holders from storing handguns in their own vehicles in the employer’s parking lot. Employers can, however, impose reasonable restrictions ...

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NLRB Pushes Ahead on “Quickie Election” Rule

Posted by Attorney David McClurg in Labor Relations / Comments

The National Labor Relations Board ("NLRB") has announced that on November 30th it will conduct a public meeting at which it will vote whether to issue final rules regarding certain provisions of the so called "quickie election" procedures the NLRB proposed on June 22, 2011.  The specific provisions of the final rules are not yet known, but it seems likely that they will provide for significantly faster processing ...

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Wisconsin Employers Should Consider the Likely Increase in “Open Carry” when Developing Their Weapons/Firearms Policies

Posted by Attorney David McClurg in Human Resources, Business Management / Comments

Much has been written of late regarding the legalization of concealed carry of weapons by holders of valid permits in Wisconsin. However, little attention had been paid to the significant expansion of the right to openly carry loaded handguns in Wisconsin under Wisconsin’s Concealed Carry Law. “Open carry” is sometimes referred to as “constitutional carry” because the Wisconsin State Constitution provides that "The people have the right to keep and ...

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IRS Announces Amnesty Program For Independent Contractor Misclassification

Posted by Attorney David McClurg in Business Management / Comments

The IRS recently announced a new program which will allow businesses to voluntarily reclassify independent contractors as “employees” for federal employment tax purposes.  Employers participating in this Voluntary Classification Settlement Program (“VCSP”):1.         Will have to pay only 10% of the employment tax liability that may have been due on compensation paid to the workers for the most recent tax year (about 1% of the wages paid to the ...

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