On January 23, 2023, a Massachusetts federal judge ruled that a group of former employees had not shown that a grocery store chain unlawfully retaliated against them for opposing a dress code policy that prohibited the...more
Happy Veterans Day to all who served in the military - whether in combat or not, overseas or state side, officer or rank and file, or in any other capacity. We owe you our respect and gratitude. In the United States,...more
For the past several months, the media have been reporting on the general labor shortage in the United States. Most manufacturers have been understaffed in their factories for even longer than this news cycle, but current...more
In recent months, Wisconsin federal courts have witnessed a dramatic increase in class litigation raising breach of fiduciary duty claims under the Employee Retirement Income Security Act of 1974 (ERISA). These claims target...more
A recent article proclaimed a truth that manufacturers in all industry sectors know all too well: “You can’t build jets working from home.” As law offices, financial services firms, and tech companies close their doors and...more
Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more
8/5/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Best Management Practices ,
Corporate Counsel ,
Disability Discrimination ,
Discipline ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Insubordination Policy ,
Interactive Process ,
Poor Job Performance ,
Reasonable Accommodation
On May 7, 2019, the National Labor Relations Board issued a decision that will be welcomed by employers desiring to maintain differences in the benefits provided to their union and nonunion employees. In Merck, Sharp & Dohme...more
In this episode, Bud Bobber and Kimya Johnson discuss practical ways that employers in the manufacturing industry can address diversity and inclusion (D&I) in the workplace. They will cover unique challenges faced by...more
NLRB Returns to Traditional Independent Contractor Standard -
On January 25, 2019, in SuperShuttle DFW, Inc., the National Labor Relations Board (NLRB) returned to its traditional independent contractor standard based on the...more
4/15/2019
/ EEO-1 ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
H-1B ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
New Legislation ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Over-Time ,
Pay Gap ,
Recordkeeping Requirements ,
State and Local Government ,
State Labor Laws ,
Telecommuting ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules ,
Workplace Safety
On January 25, 2019, the National Labor Relations Board issued a decision friendly to businesses—particularly those operating in the gig economy—in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019). The Board’s decision marks a...more
On January 11, 2019, the National Labor Relations Board issued an employer-friendly decision in Alstate Maintenance LLC, 367 NLRB 68 (2019), narrowing the scope of protection for employee complaints. In doing so, it reversed...more
Join hosts Bud Bobber and Keith Kopplin for the second podcast in their series on important wage and hour topics for manufacturing industry employers. This podcast covers the important topic of overtime pay, including who is...more
11/8/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Job Duties ,
Manufacturers ,
Minimum Salary ,
Minimum Workweek ,
Over-Time ,
Rate of Pay ,
Wage and Hour ,
White-Collar Exemptions
Employment terminations are serious business and fraught with potential challenges. The simple idea that at-will employees can be discharged for any legal reason without incurring claims, defense costs, and possible...more
11/6/2018
/ Anti-Discrimination Policies ,
At-Will Employment ,
Complaint Procedures ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Human Resources Professionals ,
Just Cause ,
Notice Requirements ,
Termination ,
Workplace Investigations
Join hosts Bud Bobber and Keith Kopplin as they discuss important wage and hour topics for manufacturing industry employers, including compensable work, pre and post-shift activities, donning and doffing, meal and rest...more
11/2/2018
/ Compensation ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Manufacturers ,
Manufacturing Facilities ,
Off-The-Clock ,
Rest and Meal Break ,
Timekeeping ,
Unions ,
Unpaid Wages ,
Wage and Hour ,
Work Schedules
There are a number of important considerations for employers to keep in mind when drafting a severance agreement. Join Milwaukee shareholders Bud Bobber and Brian Radloff for a discussion of practical tips for drafting...more
11/1/2018
/ Age Discrimination ,
Contract Drafting ,
Contract Terms ,
Employee Benefits ,
Employee Handbooks ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Internal Revenue Code (IRC) ,
Negotiations ,
Reemployment ,
Release Agreements ,
Restrictive Covenants ,
Section 409A ,
Severance Agreements ,
Severance Pay
A truly effective workplace investigator knows how to best wrap-up an employee interview. Don’t leave loose ends or wiggle room that can later undermine the effectiveness of the overall investigation and the employer’s...more
11/1/2018
/ Confidential Communications ,
Employee Misconduct ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
In-House Perspective ,
Interviews ,
NLRA ,
NLRB ,
Policies and Procedures ,
Unions ,
Witness Statements ,
Workplace Investigations
Workplace investigations can either stall out without any clear answer, or instead succeed and lead to a conclusion, depending on the effectiveness of the interviews. However, many people conducting interviews skip simple...more
On February 20, 2018, the Supreme Court of the United States tackled another controversy from the Sixth Circuit Court of Appeals regarding whether retiree medical benefits enjoyed by individuals who retired while a collective...more
2/23/2018
/ CNH Industrial N.V. v Reese ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Interpretation ,
Contract Terms ,
Corporate Counsel ,
Employee Benefits ,
Extrinsic Evidence ,
Lifetime Health Benefits ,
Reservation of Rights ,
Retirement ,
Reversal ,
SCOTUS ,
Split of Authority ,
Summary Plan Description ,
Vesting
A Moving Target: The Not So Final Overtime Rule -
On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more
1/23/2017
/ Collective Bargaining Agreements (CBA) ,
Data Security ,
Department of Labor (DOL) ,
Discrimination ,
e-Discovery ,
Employee Benefits ,
Evidence ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Gun Laws ,
Guns-in-Trunks Legislation ,
Information Sharing ,
Joint Employers ,
LGBTQ ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
OSHA ,
Over-Time ,
Paid Time Off (PTO) ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Transgender ,
Wage and Hour ,
Wages ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety