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Don't Bring Your Guns to Town

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

Beginning in November, Wisconsin citizens, if properly licensed, may carry concealed weapons.  There is no prohibition against carrying these weapons in the workplace.  However businesses have the unilateral right to decide for themselves whether or not to allow guns in their workplace with one exception – they cannot forbid employees from having guns in their automobiles in company parking lots.Now is the time for employers to make decisions regarding ...

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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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Department Of Labor Seeks Reporting of Union Avoidance Consultations

Posted by Attorney David McClurg in Labor Relations / Comments

The Department Of Labor (DOL) oversees the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), which requires unions, employers and "persuaders" to report certain information and activities for public disclosure. Reports must be made by any employers, consultants or lawyers who enter into agreements seeking to influence employees’ decisions on whether to exercise their collective bargaining rights. In addition to the identity of the parties to the agreement, the report must ...

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The Hourly Employee and the Company Issued Device: Tips to Avoid the "Continuous Work Day" under the NLRA

Posted by in Human Resources, Technology / Comments

Smart phones, laptops, PDAs and cell phones. In today’s business world almost everyone has one or more of these devices.  More and more employers issue these devices to their employees to assist in productivity, allow more flex-time or alternative work arrangements and find they are a necessary component of doing business.  But aside from the obvious abusive employee usage, did you ever think they could end up costing the company ...

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NLRB's Proposed Rule on "Quickie" Elections Criticized

Posted by Attorney David McClurg in Labor Relations / Comments

Given congressional inaction on the Employee Free Choice Act (“EFCA”), President Obama’s appointees on the National Labor Relations Board (“NLRB) have dusted off agency rulemaking powers last used by the Board in 1989. After proposing a rule requiring employers to post a detailed notice of employees’ rights to organize for collective bargaining purposes, the NLRB recently announced another proposed rule that would dramatically shorten the period of time between the ...

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Avoiding 103.465

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

July 13, 2011 marked the one (1) year anniversary of a Wisconsin Court of Appeals’ decision that adds a twist to the development of the law interpreting restrictive covenants for employees. In the case of Selmer Company v. Rinn, the Court of Appeals upheld an injunction and other damages against a former employee who violated his agreement not to solicit the company’s customers and to refrain from ...

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HOW TO PUT THE “FUN” BACK INTO YOUR COMPANY SPONSORED FUNCTION WITHOUT PUTTING YOUR COMPANY AT RISK

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

By: Lindsey R. KingAhhhh….. the dog-days of summer! The warm weather and good times go hand-in-hand with company hosted or sponsored picnics, golf outings, boating excursions or baseball games. Whatever the event and whatever the reason, make sure that your company evaluates, before the event how it is going to maximize the intentionof the outing (FUN!) while minimizing any increased liability to the company.Contemplate the following questions before your ...

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Early Case Assessment Minimizes Litigation Costs

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

By: David A. McClurgEarly Case Assessment (“ECA”) is becoming increasingly important in evaluating the costs and risks of employment related litigation – particularly where discovery is expected to involve requests for production of a large number of documents that must be reviewed for relevance and the existence of privileged communications. The widespread use of electronic document storage and mind boggling advances in the technology available to search and screen ...

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Tiger's Mistress: Confidentiality Agreements in Wisconsin

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

By:Roger L. PettitA recent article on FoxSports.Com, carried the news that one of Tiger Wood’s mistresses has returned most of the hush money she received from the now infamous golfer.  What does this have to do with employment law?  Actually nothing, except that the scenario illustrates the dilemma faced by employers and employees when confronting an allegation that an employee has violated a confidentiality agreement.  Such agreements are almost ...

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Entering the blogosphere

Posted by admin / Comments

Petrie & Stocking’s Labor & Employment team have entered into theblogosphere!  Attorneys Roger L. Pettit, David A. McClurg, and Lindsey R.King will post on labor & employment topics, from a managementperspective.  Our goal is to provide updates and practical advice on legaland business issues in the workplace, aimed at Human Resource professionals,business owners and our colleagues in the Labor & Employmentindustry.  Look ...

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