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EMPLOYMENT DISCRIMINATION, LET ME COUNT THE WAYS

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

Employers are by now aware that discrimination in the workplace is unlawful. The original list of protected characteristics has expanded from the original race and national origin, protected in some form since the Civil Rights act of 1866, and now includes sex, age, disability, genetics, and in some jurisdictions, sexual orientation, family status, and transgender status. But just how savvy is the employer of a small business of the ways ...

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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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NLRB Final Rule Requires Posting of Employee Rights Under the NLRA

Posted by Attorney David McClurg in Labor Relations / Comments

Despite strong objections from the buiness community, the NLRB has issued a Final Rule requiring that both union and non-union employers post an extensive Notice advising employees of their rights under the National Labor Relations Act.  The specific language to be included in the Notice, which must be posted by November 14, 2011, is set out in  the Rule.  Among other things, the Rule requires advising employees that they have the ...

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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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