By Kristofor L. Hanson On May 1, 2023, the National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. In Lion Elastomers LLC II, 372 NLRB No. 83, the Board overruled its decision in General Motors, 369 NLRB No. 127 (2020) and reverted to its […]
By Alexandra “Sasha” Chepov In recent years, employers have adopted a wide variety of algorithmic decision-making tools to assist them in making employment decisions such as recruitment, hiring, retention, promotion, transfer, performance monitoring, demotion, dismissal and referral. These tools have been increasingly utilized by employers in an attempt to save time and effort, increase objectivity, […]
By Sally A. Piefer Under Wisconsin law, an employee is disqualified from receiving benefits if the employee engages in misconduct or substantial fault. In 2013, the Wisconsin legislature changed the definition of misconduct. With the change, Wisconsin law explicitly recognized that an employee’s absenteeism/tardiness can constitute misconduct, and therefore disqualified an employee from receiving unemployment […]
By Samantha J. Wood Due to precautions surrounding the COVID-19 pandemic, in March 2020, the Department of Homeland Security (“DHS”), announced flexibilities regarding Form I-9 compliance. Specifically, employers who hired employees to work exclusively in a remote setting were temporarily exempt from physically inspecting employee identification and employment authorization documents in the employees’ physical presence. […]
By Alexandra “Sasha” Chepov The Department of Labor (DOL) recently issued an opinion letter providing clarification as to how an employer is to calculate an employee’s leave entitlement under the Family and Medical Leave Act (FMLA) when such leave is taken during a week that includes a holiday. The FMLA entitled eligible employees of covered […]
By Laurie A. Petersen Federal government contractors and subcontractors, as part of their obligation under Section 503 of the Rehabilitation Act and 41 CFR Part 60-741.42, are required to invite applicants (pre and post offer) and employees (including every five years) to self-identify as an individual with a disability on a form approved by the […]
By Kristofor L. Hanson Continuing a very aggressive employee- and union-friendly agenda, on May 30, 2023, NLRB General Counsel Jennifer Abruzzo sent a memo, GC 23-08, to all Regional Directors, Officers-in-Charge, and Resident Officers, setting forth her view that the offer, maintenance, and enforcement of non-compete provisions in employment contracts and severance agreements violate the […]
By Sally A. Piefer Wage and hour cases in Wisconsin and across the country have been on the rise. A large percentage of wage and hour cases are filed as class action lawsuits. Often, unsuspecting employers are the targets of lawsuits, or a claim is filed as a result of an employee seeking legal advice […]
By Samantha J. Wood On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”) will go into effect. This law, which was previously discussed here, extends the protections for pregnant workers by requiring employers with 15 or more employees to provide reasonable accommodations for pregnant employees and prohibits employment practices that discriminate against qualified employees […]
Kids’ Chance of Wisconsin is holding its annual education conference on Thursday, May 11, 2023, at the Renaissance Milwaukee, Hotel – Wauwatosa. Kids’ Chance is a non-profit organization that provides scholarships to children of seriously injured workers in Wisconsin. Chelsie Springstead is a Kids’ Chance of Wisconsin Board Member and Doug Feldman is a Past […]