Business Law Blog

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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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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IMMUNITY FOR WHAT? WHAT DOES THE EMPLOYER IMMUNITY UNDER WISCONSIN’S NEW CONCEALED CARRY LAW REALLY PROVIDE?

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

Wisconsin Act 35 became effective November 1st. one of the act’s provisions provides immunity for employers “from any liability arising from its decision” to allow employees and invitees who are properly licensed to carry a concealed weapon.The purpose of the grant of immunity no doubt was to encourage acceptance of weapons in the workplace for those who have gotten a license to do so. But what does this immunity really ...

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NRA weighs in on Wisconsin's Concealed Carry Rules

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

The National Rifle Association has voiced its displeasure over the emergency rules published by the Wisconsin Department of Justice.  In particular the NRA takes issue with the rule that requires before an individual may be licensed to carry a concealed weapon, he or she must first complete a minimum of four hours of training and such training must include hands-on training.  This rule arises from the Concealed Carry law's requirement ...

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Wisconsin's Concealed Carry Goes Into Effect November 1st. Is Your Company Prepared?

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

As a past blog article discussed, Wisconsin's Concealed Carry law goes into effect in one month- November 1st.  On that day, individiauls who have passed all of the requisite criteria, will be allowed to carry conceled weapons in general public, with some restrictions.  The general public, of course ,includes businesses- unless that business has established other rules and posted the same.Companies who have yet to make decisions on how they ...

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