On June 13, 2024, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB) ruled that overly broad noncompete and nonsolicitation provisions in an employment agreement violated an employee’s labor...more
When is an offense a covered “offense” under the Wisconsin Fair Employment Act’s (WFEA) prohibition against arrest record discrimination? This was the question answered by the Wisconsin Court of Appeals in its recent decision...more
On October 13, 2023, the National Labor Relations Board (NLRB) released its case filing data for fiscal year (FY) 2023. For the Board, the fiscal year runs from October 1 through September 30....more
On July 27, 2023, the Wisconsin Court of Appeals held in Mosley v. Oakwood Lutheran Senior Ministries that verbal disclosure of an employee’s COVID-19 status does not support a violation of Wisconsin healthcare record...more
In a decision providing guidance to employers facing requests for health-related accommodations, the Wisconsin Court of Appeals held in Wingra Redi-Mix Inc. v. Labor and Industry Review Commission that a formal diagnosis at...more
In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board (NLRB) concluded that an employer...more
4/25/2023
/ Administrative Law Judge (ALJ) ,
Cameras ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Activity ,
Security Cameras ,
Surveillance ,
Unfair Labor Practices ,
Unions ,
Video Recordings
On April 7, 2023, the National Labor Relations Board (NLRB) released its filing data through the first half of its fiscal year (FY) 2023 (October 1–March 31). Through the first six months of the fiscal year, filing activity...more
On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist...more
2/3/2023
/ ADEA ,
Age Discrimination ,
Algorithms ,
Americans with Disabilities Act (ADA) ,
Analytics ,
Artificial Intelligence ,
Automation Systems ,
Civil Rights Act ,
Comment Period ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
NPRM ,
Public Hearing ,
Screening Procedures ,
Title VII
On January 19, 2023, the U.S. Department of Labor’s Bureau of Labor Statistics (BLS) reported that the national union membership rate declined from 10.3 percent in 2021 to 10.1 percent in 2022. As described by BLS, the...more
In a decision instructive to employers facing sudden, emergency conditions requiring immediate response, a divided National Labor Relations Board (NLRB) in Metro Man IV, LLC d/b/a Fountain Bleu Health and Rehabilitation...more
In a decision impacting employers that face a petition for election that seeks to represent part of the workforce, a divided National Labor Relations Board (NLRB) returned to its former Specialty Healthcare standard to apply...more
In a decision significant to employers that employ strike replacement employees or that may consider hiring strike replacement employees, the National Labor Relations Board (NLRB) found that such employees hold the right to...more
When employees are arrested during their off-duty time and away from work, employers may need to make difficult choices balancing their various obligations. Among these are respecting the rights of arrested employees,...more
On March 10, 2022, the Wisconsin Supreme Court released its decision in Cree, Inc. v. Labor and Industry Review Commission, which provides significant clarity for employers evaluating whether a domestic-related crime of an...more
On January 13, 2022, in Waters v. Day & Zimmermann NPS, Inc., the First Circuit Court of Appeals became the third federal appellate court to address the application of the Supreme Court of the United States’ decision in...more
On January 18, 2022, the City of Milwaukee Common Council passed an ordinance that would require masks to be worn indoors until March 1, 2022. The city’s acting mayor has not yet signed the order, but he has signaled that he...more
1/20/2022
/ Coronavirus/COVID-19 ,
Enforcement ,
Entertainment Venues ,
Health and Safety ,
Local Health Departments (LHDs) ,
Local Ordinance ,
Masks ,
Public Accommodation ,
Restaurant Industry ,
Retailers ,
Workplace Safety
With the calendar having turned to 2022, it is time to look into the crystal ball and make a few predictions for the year ahead related to the wage and hour world.
Class and Collective Actions Concerning Hiring and...more
Wisconsin is one of a limited number of states that prohibits discrimination in employment on the basis of arrest or conviction records. The Wisconsin Fair Employment Act (WFEA) protects “properly qualified individuals” from...more
12/29/2021
/ Administrative Agencies ,
Administrative Appeals ,
Background Checks ,
Criminal Background Checks ,
Criminal Records ,
Domestic Violence ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
WI Supreme Court
Since it was passed in 1998, Iowa’s Drug-Free Workplaces Act has been one of the most comprehensive and complex drug-testing statutes in the United States. On June 25, 2021, the Iowa Supreme Court issued a pair of decisions -...more
On May 20, 2021, the Wisconsin Supreme Court limited the tort claims an employee may bring based on alleged conduct that occurred between injuries covered under the state’s workers’ compensation law. The opinion in Graef v....more
A growing trend among employers that are turning to new and updated methods of fostering employee collegiality and team bonding involves e-sports leagues. Similar to the traditional company softball team, e-sports leagues...more
On January 5, 2021, the U.S. Court of Appeals for the Seventh Circuit issued a decision in Kellogg v. Ball State University that expanded the scope of potential evidence plaintiffs may rely on to support their Equal Pay Act...more
2/3/2021
/ Age Discrimination ,
Appeals ,
Educational Institutions ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Fair Pay Act ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Lilly Ledbetter ,
Liquidated Damages ,
Pay Equity Laws ,
Reversal ,
State Labor Laws ,
Summary Judgment ,
Title VII ,
Wage and Hour
As the pandemic continues, a segment of individuals who contracted COVID-19 reports that they have not experienced a quick recovery. Rather, they are continuing to suffer symptoms months after initial onset of the disease....more
10/15/2020
/ ADAAA ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
Reasonable Accommodation ,
Workplace Safety
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
Many businesses are continuing to hire for open positions during the COVID-19 pandemic. Employers that need to continue their hiring processes may see video conferencing platforms as a valuable tool to complete job interviews...more