Under the Fair Labor Standards Act, non-exempt employees are entitled to overtime pay at 1.5 times their regular rate for all hours worked in a workweek in excess of 40. In order to be considered exempt, an employee must be
Employment Lawscene Blog
The Employment Lawscene Blog, published by O'Neil, Cannon, Hollman, DeJong & Laing S.C., focuses on developments and practical guidance in labor and employment law. It covers topics such as wage and hour regulations, employee classification, discrimination claims including reverse discrimination, non-compete agreements and restrictive covenants, federal and state regulatory updates, and litigation trends affecting employers. The blog also addresses compliance strategies for new laws and court rulings impacting workplace policies, employee rights, and employer obligations, with a particular emphasis on issues relevant to Wisconsin employers and businesses.
Latest from Employment Lawscene Blog - Page 2
Employment LawScene Alert: Biden Proposed Budget Has Labor and Employment Signals
By Erica Reib
On March 11, 2024, President Biden released the Budget of the U.S. Government for Fiscal Year 2025. Although this proposed budget is only a proposal and unlikely to pass either the House or the Senate as currently drafted, it does…
Employment LawScene Alert: Dust Off Those Handbooks–The NLRB Has Changed Its Rules (Again)
By Erica Reib
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,…
Employment LawScene Alert: Pregnant and Nursing Employees Have Newly Expanded Rights
By Erica Reib
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
By Erica Reib
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!
By Erica Reib
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
By Erica Reib
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
By Erica Reib
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,…