By: Oyvind Wistrom Last week, the United States Supreme Court decided two highly anticipated Title VII employment cases, with both coming as significant victories for employers. Both decided by narrow 5-4 majorities, the first case distinguish between supervisors and coworkers for the purpose of vicarious liability under Title VII harassment claims. The Court held that […]
By: Alan M. Levy A major element of the Affordable Care Act (the “ACA,” a/k/a “Obamacare”) is the prohibition against denying coverage due to a pre- existing condition or otherwise discriminating in coverage, premium cost, or benefits because of an individual’s health condition. “Wellness programs” typically seek to incentivize a healthy lifestyle by rewarding organized […]
By: Daniel Finerty The 2013 – 2015 Biennial Budget bill currently in front of the Joint Financial Committee now includes Motion #506, which was passed yesterday by a vote of 12 – 4. Motion #506 contains a number of substantial amendments to the provisions of Wisconsin’s unemployment insurance (“UI”) law that are commonly cited by […]
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 […]
By: John E. Murray The Affordable Care Act (ACA) created a new retaliation claim for employees. An employee can bring a claim for retaliation if they have suffered some adverse employment action because: The employee receives a subsidy to purchase health insurance; The employee provides information to an employer or a government agency regarding a […]
By: John E. Murray Last month the Department of Labor issued final regulations clarifying the right of eligible employees to take FMLA leave relating to military leave. These regulations take effect today. The relevant changes to the DOL’s prior regulations are: FMLA leave is available for qualifying exigencies arising out of the active duty of […]
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 […]
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 […]
By: Jonathan T. Swain and Daniel Finerty Despite the General Counsel’s issuance of three (3) separate memoranda regarding its social media cases, the National Labor Relations Board (Board) itself had not ruled on a case dealing with the issue. However, that changed on September 7, 2012 and again September 28, 2012, when the Board invalidated […]
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 […]