Business Law Blog

Facebook Posts Protected Under the NLRA;Employer Required To Reinstate Terminated Employees

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

As indicated in our earlier posts, the National Labor Relations Board (“NLRB”) has been focusing significant attention on employees’ rights to communicate about workplace issues on social media sites. Most of the recent unfair labor practice charges the Board has filed against employers for disciplining employees based on such communications havebeen settled without a hearing or a decision on the merits of the charges.  That changed earlier this month when ...

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EMPLOYMENT DISCRIMINATION, LET ME COUNT THE WAYS

Posted by Attorney Roger L. Pettit in Employer-Employee Relationship, Business Management / Comments

Employers are by now aware that discrimination in the workplace is unlawful. The original list of protected characteristics has expanded from the original race and national origin, protected in some form since the Civil Rights act of 1866, and now includes sex, age, disability, genetics, and in some jurisdictions, sexual orientation, family status, and transgender status. But just how savvy is the employer of a small business of the ways ...

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Don't Bring Your Guns to Town

Posted by Attorney Roger L. Pettit in Employer-Employee Relationship, Business Management / Comments

Beginning in November, Wisconsin citizens, if properly licensed, may carry concealed weapons.  There is no prohibition against carrying these weapons in the workplace.  However businesses have the unilateral right to decide for themselves whether or not to allow guns in their workplace with one exception – they cannot forbid employees from having guns in their automobiles in company parking lots.Now is the time for employers to make decisions regarding ...

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Avoiding 103.465

Posted by Attorney Roger L. Pettit in Employer-Employee Relationship, Business Management / Comments

July 13, 2011 marked the one (1) year anniversary of a Wisconsin Court of Appeals’ decision that adds a twist to the development of the law interpreting restrictive covenants for employees. In the case of Selmer Company v. Rinn, the Court of Appeals upheld an injunction and other damages against a former employee who violated his agreement not to solicit the company’s customers and to refrain from ...

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Early Case Assessment Minimizes Litigation Costs

Posted by Attorney David McClurg in Business Management, Technology / Comments

By: David A. McClurgEarly Case Assessment (“ECA”) is becoming increasingly important in evaluating the costs and risks of employment related litigation – particularly where discovery is expected to involve requests for production of a large number of documents that must be reviewed for relevance and the existence of privileged communications. The widespread use of electronic document storage and mind boggling advances in the technology available to search and screen ...

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