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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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NLRB Pushes Ahead on “Quickie Election” Rule

Posted by Attorney David McClurg in Labor Relations / Comments

The National Labor Relations Board ("NLRB") has announced that on November 30th it will conduct a public meeting at which it will vote whether to issue final rules regarding certain provisions of the so called "quickie election" procedures the NLRB proposed on June 22, 2011.  The specific provisions of the final rules are not yet known, but it seems likely that they will provide for significantly faster processing ...

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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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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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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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IRS Announces Amnesty Program For Independent Contractor Misclassification

Posted by Attorney David McClurg in Business Management / Comments

The IRS recently announced a new program which will allow businesses to voluntarily reclassify independent contractors as “employees” for federal employment tax purposes.  Employers participating in this Voluntary Classification Settlement Program (“VCSP”):1.         Will have to pay only 10% of the employment tax liability that may have been due on compensation paid to the workers for the most recent tax year (about 1% of the wages paid to the ...

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

In a previous post we reminded employers that beginning November 14, 2011 a new poster has to be displayed in the workplace that purports to advise employees of their rights under the National Labor Relations Act (NLRA). What the official poster stresses are employee rights and employer prohibitions as they relate to the presence of organized labor (Labor Unions) in the workplace.On October 5, 2011, the National Labor Relations ...

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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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Facebook Posts Protected Under the NLRA;Employer Required To Reinstate Terminated Employees

Posted by Attorney David McClurg in Business Management, Technology, Labor Relations / Comments

As indicated in our earlier posts, the National Labor Relations Board (“NLRB”) has been focusing significant attention on employees’ rights to communicate about workplace issues on social media sites. Most of the recent unfair labor practice charges the Board has filed against employers for disciplining employees based on such communications havebeen settled without a hearing or a decision on the merits of the charges.  That changed earlier this month when ...

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