Employer’s Corner Blog

This blog will provide quick updates, analysis, and tips for employers and Human Resources professionals. The focus is on legal developments affecting employers, with an emphasis on laws, cases, and regulations from Wisconsin and the 7th Circuit Court of Appeals. National trends and developments at the U.S. Supreme Court will also be covered.

 

Work Is A Battlefield When Small Business Owners Romance An Employee

Posted by on Feb 16, 2013 in Employer's Corner | Comments Off

Work Is A Battlefield When Small Business Owners Romance An Employee

Valentine’s Day always brings up the question of whether office romances should be banned. While a flat-out ban is not a necessity, employers need to worry when a supervisor gets involved with a direct report. If the employee feels mistreated, a sexual harassment complaint and lawsuit are just waiting to happen. The possibility of legal trouble is even more likely in a small business, when an owner gets involved with an employee.

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Litigation of the Absurd – Employee’s Negligence Must Be Defended and Paid For by Injured Customer’s Insurance

Posted by on Jan 12, 2013 in Employer's Corner | Comments Off

Litigation of the Absurd – Employee’s Negligence Must Be Defended and Paid For by Injured Customer’s Insurance

Legal results can be confusing. Sometimes, they can even defy common sense. Case in point: what if an employee injures a customer? One would expect the employer or its insurer would have to defend the lawsuit and possibly compensate the customer. However, a recent Wisconsin Court of Appeals case flips this notion on its head. In Blasing v. Menards, the court ruled that the injured customer’s insurer must defend the company and indemnify it against any loss.

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EEOC’s Strategic Enforcement Plan for 2013 – 2016

Posted by on Jan 9, 2013 in Employer's Corner | Comments Off

EEOC’s Strategic Enforcement Plan for 2013 – 2016

On December 17, 2012 the U.S. Equal Employment Opportunities Commission (EEOC) approved a strategic enforcement plan, which will be effective from October 1, 2013 through September 30, 2016. The plan outlines six enforcement priorities that employers should keep in mind.

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Wisconsin Employees Can Have 90 Days to File State Claims For FMLA Related Damages

Posted by on Nov 8, 2012 in Employer's Corner | Comments Off

Wisconsin Employees Can Have 90 Days to File State Claims For FMLA Related Damages

The Wisconsin Court of Appeals recently clarified just how much time an employee can have to file a circuit court claim for damages under the state’s Family Medical Leave Act.

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October 2012 Employment Report

Posted by on Nov 6, 2012 in Employer's Corner | Comments Off

October 2012 Employment Report

On November 2, 2012, the U.S. Bureau of Labor Statistics released the Employment Situation report for October 2012. The news was relatively the same compared to the previous month – the unemployment rate for October was 7.9%, up .1% from the previous month, but still 1 percentage point below October 2011.

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NLRB Shows How At-Will Clauses In Employee Handbooks Can Be Lawful

Posted by on Nov 2, 2012 in Employer's Corner | Comments Off

NLRB Shows How At-Will Clauses In Employee Handbooks Can Be Lawful

The National Labor Relations Board (NLRB) released two advice memos on October 31, 2012 which shed light on how to draft an NLRA compliant at-will clause.

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NLRB Judge Finds Woodman’s Food Market Engaged in Unfair Labor Practices

Posted by on Oct 13, 2012 in Employer's Corner | Comments Off

NLRB Judge Finds Woodman’s Food Market Engaged in Unfair Labor Practices

An Administrative Law Judge (ALJ) has ruled that Woodman’s Food Market in Appleton, WI violated the National Labor Relation Act by engaging in coercive actions, refusing to recognize the union, and refusing to bargain.

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September 2012 Employment Report

Posted by on Oct 6, 2012 in Employer's Corner | Comments Off

September 2012 Employment Report

On October 5, 2012, the U.S. Bureau of Labor Statistics released the Employment Situation report for September 2012. It contained some fairly good news – the unemployment rate for September was 7.8%, down more than a full percentage point from September 2011.

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Did Wisconsin just recognize public sector collective bargaining as a fundamental right?

Posted by on Sep 15, 2012 in Employer's Corner | Comments Off

Did Wisconsin just recognize public sector collective bargaining as a fundamental right?

2011 Wisconsin Act 10 - the now famous and controversial law that essentially gutted collective bargaining rights for public employees has been ruled unconstitutional. The decision appears to be the first by a Wisconsin court to recognize collective bargaining as a constitutionally protected fundamental right. What does the decision mean for the future of public sector collective bargaining in Wisconsin?

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Employee’s political activities bring the police to the workplace.

Posted by on Sep 13, 2012 in Employer's Corner | Comments Off

Employee’s political activities bring the police to the workplace.

Wisconsin's Capitol Police visited an employee's workplace to hand-deliver a citation. Can the employer take action if it doesn't like the employee's potentially unlawful political activity? Or because the employee gets a criminal citation? What rules do employers need to keep in mind?

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