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Posts by Attorney David McClurg
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Federal Court Rules that a Company's Website Must be Accessible to Its Blind Patrons
Posted by Attorney David McClurg in Labor Relations / Comments
In the first lawsuit of its kind to go to trial, a Florida federal judge recently ruled that Winn-Dixie's website is a “place of public accommodation" subject to the ADA because it is “heavily integrated" with the company's physical store locations. (For example, prescriptions can be refiled on the website and then picked up at the pharmacy located in the store.) As a result, the Court ordered the Company to ...
Read MoreThe NLRB Invalidates More Employee Handbook Policies
Posted by Attorney David McClurg in Labor Relations / Comments
Section 7 of the National Labor Relations Act grants employees the right to engage in “concerted activity" for the purpose of “mutual aid and protection." Section 8 of the Act makes it unlawful for an employer to interfere with, restrain or coerce employees in the exercise of those rights. Over the past several years, the National Labor Relations Board has relied on these provisions to invalidate a number of common ...
Read MoreAppellate 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.
Read MoreOBAMA 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 ...
Read MoreSTATE 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 ...
Read MoreRules 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, ...
Read MoreNLRB 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 ...
Read MoreTen 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 ...
Read MoreConcealed 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 ...
Read MoreNLRB 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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