Category Archives: Court Decisions & Legislation

Placeholder Image

WORKPLACE SOCIAL MEDIA LEGISLATION INTRODUCED IN THE WISCONSIN SENATE AND ASSEMBLY

By: Daniel Finerty Wisconsin legislation was recently introduced in the State Senate and Assembly, Senate Bill 223 and Assembly Bill 218 (generally, “legislation”), respectively, limiting employer access to, and observation of, an employee’s social media accounts. Because Wisconsin does not currently have any law expressly regulating employers in this area, the legislation was introduced in […]

Read more
Placeholder Image

D.C. CIRCUIT INVALIDATES NLRB POSTING RULE

By: Thomas W. Mackenzie The Court of Appeals for the District of Columbia issued a decision on May 7, 2013 which invalidated a rule issued by the National Labor Relations Board (NLRB) requiring employers to notify workers of a right to unionize. The rule was originally promulgated in 2011, but was never implemented. The NLRB […]

Read more
Placeholder Image

FEDERAL COURT OF APPEALS DECISION MAY VOID ALL NLRB DECISIONS ISSUED AFTER JANUARY 4, 2012 DUE TO THE LACK OF QUORUM

By: Daniel Finerty After President Obama’s re-election, many employers assumed they would be faced with an aggressive and re-invigorated National Labor Relations Board (“Board”). However, last Friday’s decision from the District of Columbia Court of Appeals may slow the Board, at least in the short term. Noel Canning Div. of Noel Corp. v. National Labor […]

Read more
Placeholder Image

STATE LAW PLACES ELECTION RESTRICTIONS ON PRIVATE EMPLOYERS

By: John E. Murray Many employers believe the upcoming election could have a significant impact on their business. This belief has led some employers to share these opinions with their employees. Normally there is nothing wrong with political discussions in the workplace. However, Wisconsin prohibits political discussions which unfairly influence how employees will vote. Wisconsin […]

Read more
Placeholder Image

SEVENTH CURCUIT INCREASES DTY OF EMPLOYERS TO REASSIGN DISABLED WORKERS

By: John E. Murray Under the American’s with Disabilities Act, and most state discrimination laws, employers must make reasonable accommodations for qualified disabled workers. When no accommodation would allow the employee to remain in his or her current position, employers must consider reassignment to a vacant position for which the employee is qualified. In a […]

Read more