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Archive of: Employer-Employee Relationship

7th Circuit Reaffirms: Multi-Month Leave is Not a Reasonable ADA Accommodation

Posted by Attorney David McClurg in Employer-Employee Relationship, Labor Relations / Comments

Over a year ago, I reported on a case I was handling in which an employee with a non-work-related back injury requested an additional 2-3 months of leave to undergo back surgery after exhausting his three-months of FMLA leave on more conservative treatment alternatives. Because the employer needed to fill the employee's second shift lead position, and believed it would only be able to find a competent replacement if it ...

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The Obama Overtime Rule is Dead

Posted by Attorney David McClurg in Employer-Employee Relationship, Labor Relations / Comments

Last November, a federal judge in Texas blocked implementation of the Department of Labor (“DOL") Rule that raised the salary an employee must earn to be exempt from federal overtime regulations from $455/week ($23,660/year) to $913 per week ($47,476/year). He held that the plaintiffs were likely to prevail on the merits of their argument that the DOL exceeded its authority by imposing such a large increase in the salary test. ...

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FMLA Update: 7th Circuit Rules in Favor of Employee, By Barbara Halpin

Posted by Attorney Roger L. Pettit in Employer-Employee Relationship, Human Resources / Comments

On August 9th, the 7th Circuit in Pagel v. TIN, Inc. overturned the district court’s granting of summary judgment for an employer in an FMLA leave case which now enables the employee to take it to trial.  The Plaintiff, Pagel, claimed that his employer violated the FMLA by interfering with his right to take leave under the Act and then retaliated against him for taking the leave.Pagel, a salesman for ...

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Thinking Outside the Box: Can Unusual Pro-Employee Policies Benefit the Workplace? By Roger L. Pettit

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

I recently received a blog article entitled “Counter Intuitive Company Policies That Actually Work”.   Please click on the following link to read the article:  http://www.onlinemba.com/blog/20-counterintuitive-company-policies-that-actually-work/.   In this and future posts, I intend to address a number of the twenty (20) unusual workplace policies from my perspective.  I welcome your comments, pro and con, with respect to the viability of the policies.The first “Counter Intuitive” policy is the “No Vacation” policy.  The ...

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NLRB’S QUICKIE ELECTION RULE FOUND INVALID

Posted by in Employer-Employee Relationship, Business Management, Labor Relations / Comments

In a previous post, we discussed the NLRB pushing ahead on the “Quickie Election” rule, despite protests and opposition of Board member Brian Hayes.  At the November 30, 2012 public meeting and voting for the final rule Hayes did not participate in the vote.  The other two members voted to approve the rule and as such on December 22, 2011, the NLRB ...

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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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LEGAL CHALLENGES TO NLRB POSTER RESULTS IN FURTHER DELAYS

Posted by in Employer-Employee Relationship, Business Management, Labor Relations / Comments

The NLRB has once again delayed the date that its somewhat controversial poster, required by the NLRB to be posted in all workplaces, must be posted.  As noted in prior blog posts, the poster was originally to be posted on or before November 14, 2011.  Legal challenges to the rule requiring the poster were filed, and as such the NLRB delayed its posting date to January 31, ...

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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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THE FORBIDDEN PHRASES DON’T WORK

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

In my last post I explained that using the forbidden phrases when terminating employees can foster lawsuits.  Those phrases will never satisfy an opposing counsel or a fact finder in a lawsuit brought by disgruntled employees.  The following fictionalized cross examinations illustrate why employers may wish they had been more forthright in the first place: Question:“Did you give Mr. Smith a reason for ...

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THE FORBIDDEN PHRASES: How to increase the chance of litigation over an employee’s termination.

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

Unless the employee is covered under a Collective Bargaining Agreement or a contract for a definite term, most states, including Wisconsin, consider the employment relationship to be at-will, i.e. an employer may terminate an employee without a defined level of “cause”.  While many factors may contribute to the decision to terminate an employee, being honest and forthright in the termination process is an important consideration.No employee is ever terminated without ...

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