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Petrie & Stocking, S.C.'s 2013 Labor & Employment Law Update Seminar

Posted by Attorney Roger L. Pettit / Comments

The dates and locations for the 2013 Labor & Employment Law Update Seminar, presented by Attorney David McClurg, have been decided!  Please join us for one of the following dates:Madison - Thursday, February 28, 2013La Crosse - Friday, March 1, 2013Ashland - Wednesday, March 13, 2013Eau Claire - Thursday, March 14, 2013Milwaukee - Tuesday, March 26, 2013Green Bay - Wednesday, March 27, 2013The following topics will be covered:1.        Affordable Care ...

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NLRB Increases Pressure On Non-Union Employers, by David A. McClurg

Posted by Attorney Roger L. Pettit in Labor Relations / Comments

Obama appointees on the National Labor Relations Board (“NLRB”) continue to support a pro-employee agenda designed to encourage action by non-union employees. The Board recently launched a website specifically designed to “educate” employees about their right to engage in “protected concerted activities” under Section 8(a)(1) of the National Labor Relations Act (the "Act"), including the right to “form, join or assist labor organizations, bargain collectively through representatives ...

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Election Day and Employees' Right to Vote, by Barbara Halpin

Posted by Attorney Roger L. Pettit / Comments

Did you know that employers in Wisconsin are required to give their employees time off to vote?Wis. Stat. Ann. § 6.76 states that “any person entitled to vote at an election is entitled to be absent from work while the polls are open for a period not to exceed 3 successive hours to vote.”The statute, however, does require that the employee notify the employer before election day of their ...

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Employer Rule Mandating Courtesy Found Unlawful, by Barbara Halpin

Posted by Attorney Roger L. Pettit / Comments

One would think that an employer rule mandating its employees to be courteous would be good business practice.  The NLRB, however, in Karl Knauz Motors, Inc. d/b/a Knauz BMW and Robert Becker, (Case 13-CA-046452) recently upheld a judge’s ruling that an employer’s rule mandating courtesy violated the National Labor Relations Act.  The rule in the employee handbook stated,“Courtesy is the responsibility of every employee.  Everyone is expected to be courteous, ...

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In its First Ruling on a Social Media Policy, the NLRB Rules a Portion of Costco’s Policy Unlawful

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

On September 7th the NLRB, in Costco Wholesale Corporation and United Food and Commercial Workers Union, Local 371, Case 34–CA–012421, upheld the administrative judge’s ruling that some of Costco’s employee handbook policies violated Section 8(a)(1) of the National Labor Relations Act (“Act”) but disagreed with the judge that Costco's social media policy was lawful.Among the rules the NLRB, in agreement with the judge, found unlawful were the following:(a) “unauthorized posting, ...

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NEW PARKING RULES MAY AFFECT YOU, by Roger L. Pettit

Posted by Attorney Roger L. Pettit / Comments

New guidelines have been issued by the Federal Government regarding the accessibility requirements in the Americans With Disabilities Act for public parking.  The ADA accessibility guidelines not only affect local governments but private businesses and employers as well.Title III of the Americans With Disabilities Act (the Act) applies to places of public accommodation.  The facilities must comply with new rules whenever alterations or new construction is made but these facilities ...

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NLRB CURTAILS EMPLOYER DISCRETION REGARDING DISCIPLINARY INVESTIGATIONS, by David A. McClurg

Posted by Attorney Roger L. Pettit / Comments

In yet another expansion of the NLRB’s view of the scope of “concerted protected activity” under Section 8(a)(1) of the National Labor Relations Act (the "Act"), The Board recently held that an employer's instruction that employees not discuss matters under investigation with their co-workers violated the Act because it "had a reasonable tendency to coerce employees in the exercise of their rights" under the Act (i.e., the right to organize, ...

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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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7th Circuit Affirms Jury's Verdict that School District Violated the ADA by Failing to Accommodate Seasonal Affective Disorder, by Barbara Halpin

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

The 7th Circuit recently affirmed a jury's decision that a Wisconsin school district violated the Americans with Disabilities Act (ADA) for not accommodating a teacher's seasonal affective disorder.The teacher, Renae Ekstrand, sued the Somerset Wisconsin school district for failing to accommodate her disability.  Initially, the jury held in favor of Ekstrand and subsequently the district moved for judgment as a matter of law challenging the sufficiency of the evidence.  The district court denied the district’s ...

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Don’t Let Your Harassment Policy Gather Dust on a Shelf, by David McClurg

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

Some employers include a good anti-harassment policy in their Employee Handbook, and feel they’ve done all they need to do to protect themselves against sexual or racial harassment claims. In truth, a good policy is just the first step in a successful program to insulate an employer from harassment claims.In Mann v. Staples, Inc., a female employee received unwelcome comments about her appearance and physique, ...

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