Because the incumbent President appoints members of the National Labor Relations Board (NLRB), the NLRB’s decisions often reflect the policy choices of that President’s political party. Generally, when a Democrat holds office, the NLRB’s decisions are more employee and union-friendly,
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Employment LawScene Alert: Pregnant and Nursing Employees Have Newly Expanded Rights
On December 29, 2022, President Biden signed the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA) into law. Both expand the protections for pregnant, postpartum, and nursing employees, who may also
Employment LawScene Alert: Religious Accommodation in Employment Will Have Its Day at the High Court
In recent years, the U.S. Supreme Court has made major employment law headlines with its Bostock decision (holding sexual orientation and gender identity are protected classes under Title VII) and Epic Systems decision (holding class-action waivers are enforceable against employees),
Employment LawScene Alert: Vote! And Remember That Your Employees are Entitled to Time Off to Vote!
Tuesday, November 8, 2022, is Election Day. Although early voting is underway, many people will want to vote in-person on Election Day. All Wisconsin employers, regardless of size, are required to provide employees who are eligible to vote up to
Employment LawScene Alert: Seventh Circuit Holds That Employer Did Not Discriminate Against Pregnant Employees by Reserving Light Duty Positions Only for Employees Injured On The Job
On August 16, 2022, the U.S. Court of Appeals for the Seventh Circuit issued a decision in EEOC v. Wal-Mart Stores East, L.P. (found here), holding that Wal-Mart did not discriminate against pregnant employees by reserving temporary light duty
Employment LawScene Alert: Union Organization Is On the Rise
Recently, it seems like the stars have aligned in favor of unions. When President Biden was elected in 2020, a part of his workplace initiatives included the promotion of collective bargaining and the protection of employees’ rights to join and
Employment LawScene Alert: U.S. Supreme Court to Hold Special Session on January 7, 2022 to Review Federal Vaccine Mandates
On Wednesday, the U.S. Supreme Court issued an order (found here) that it would hold a special session to hear arguments on OSHA’s vaccine-or-test rule that mandates employers with 100 or more employees require its employees to be fully
Employment LawScene Alert: OSHA Issues Details of Vaccine Mandate
Today, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) released the Emergency Temporary Standard regarding COVID-19 Vaccination and Testing, which has commonly been referred to as the Vaccine Mandate. It will officially be published on November 5,
Employment LawScene Alert: What Does President Biden’s Executive Order on Non-Competes Mean for Wisconsin Employers?
On Friday, July 9, 2021, President Biden signed an Executive Order that, among other things, instructed the Federal Trade Commission (“FTC”) to ban or limit non-compete agreements and other clauses or agreements that “unfairly limit worker mobility.” This is not
Employment LawScene Alert: What Does the CDC’s New Mask Guidance Mean for Employers?
On May 13, 2021, the CDC announced that it had updated its guidance for individuals who have been fully vaccinated against the COVID-19 virus (i.e., individuals who received their final shot more than two weeks ago). The updated guidance states