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Archive of: Human Resources

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Supreme Court: Pharmaceutical Reps Not Entitled to Overtime Pay under the FLSA

Posted by Attorney Roger L. Pettit in Human Resources / Comments

In Christopher et. al. v. SmithKline Beecham Corp. the Supreme Court ruled Monday that pharmaceutical representatives aren’t entitled to overtime under the Fair Labor Standards Act (FLSA) (Click on the this link for the opinion: http://www.supremecourt.gov/opinions/11pdf/11-204.pdf).  The FLSA overtime requirement does not apply to workers who are considered “outside salesmen” under 29 U.S.C. 213(a)(1).  For the discussion of the definition of “outside salesmen”, see page 1 of ...

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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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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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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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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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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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THE NLRB RELEASES A REPORT SEEKING TO PROVIDE GUIDANCE ON EMPLOYERS' SOCIAL MEDIA POLICIES

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

In the past year the National Labor Relations Board (NLRB) has made the headlines in popular media over terminating or disciplining employees over their Facebook content. As a previous blog post discussed, these cases made headlines as they represented a departure from the typical employer discretion for disciplining as they thought fit for unsavory social media postings by their employees.The problem with these NLRB cases was that rarely were ...

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The NLRB Continues to Take Issue with "Facebook Firings"

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

Has your company ever “dooced” anyone? “Dooce” is the term used among the internet and social media savvy to describe someone who has been fired for their website or online content.  The stories of employees being dooced have made their way both through pop culture and across the desks of business owners and advisers everywhere. Business owners who come to learn of an employee’s public declaration of ...

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