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The Affordable Care Act – Who is an Applicable Large Employer? Determining the Number of Full-Time Employees (Part 3 of 8), by Barbara Halpin

Posted by Attorney Roger L. Pettit / Comments

Believe it or not, it’ll be fairly complicated for some employers to determine if they’re an “applicable large employer” under the Act and will therefore face penalties if they don’t  provide minimum essential coverage or do provide minimum essential coverage but that coverage is either unaffordable or doesn’t provide minimum value.An applicable large employer is “an employer that employed an average of at least 50 full-time employees (taking into account ...

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The Affordable Care Act: The Affordability Safe-Harbors (Part 2 of 8)

Posted by Attorney Roger L. Pettit / Comments

Last week I wrote a blog entry on the basics of the Affordable Care Act and some definitions that individuals should be familiar with when reading about the Act.  Remember that effective on January 1, 2014, the Act states than an “applicable large employer” is liable for an assessment payment if any of its full-time employees (averaging 30 or more hours per week) is certified to receive an applicable premium ...

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The Affordable Care Act: The Basics (Part 1 of 8), by Barbara Halpin

Posted by Attorney Roger L. Pettit / Comments

No matter your feelings on the Affordable Care Act, it’s coming whether you’re ready or not so I’ve decided to write a series on blog entries on the Act.  Compliance will be a work-in-progress as businesses determine how to best implement strategies to ensure that penalties aren’t assessed.The IRS, the Department of Labor and other agencies have published guidance on how the Act will be implemented, from the penalties accessed ...

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The D.C. Circuit Court of Appeals Rules that President Obama’s NLRB Appointments Are Invalid, by David A. McClurg

Posted by Attorney Roger L. Pettit / Comments

On January 25, 2013, the D.C. Circuit Court of Appeals invalidated three “recess” appointments that President Obama made to the National Labor Relations Board on January 4, 2012. The court held that such recess appointments can only be made during intersession recesses that occur between the extended sessions of Congress, and not, as President Obama attempted with the three NLRB appointees, during recesses in the middle of a session of ...

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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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