It is early in 2021 and already the NLRB has before it ALJ determinations that employee handbook policies conflict with the NLRA. When analyzing employee handbook policies, the Board generally applies the Boeing test, whereby a handbook policy’s potential interference with employee rights under the NLRA is balanced against an employer’s legitimate justifications for the policy, when…

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A recent Third Circuit Court of Appeal decision provides great guidance on what a good call-in policy can look like. In this case the employer, Penn State Health, utilized a call-in policy that required employees to make twocalls when they wanted to request FMLA leave: First, an employee had to call to a designated “call-off” line,…

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This can be a frantic time between the holidays, hustling to complete projects before the end of the year, and planning for the coming year. And while this is a great time to review your HR policies and employee handbooks, that project often gets put on the back burner. So, with the vigor of a…

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With coronavirus vaccines receiving their emergency use authorizations from the FDA and being rapidly rolled out, employers will need to evaluate a mandatory vaccination policy that balances employee rights with novel business realities and pre-existing legal frameworks lacking clear guidance in the face of COVID-19. Under existing federal law and regulations, employers may be able…

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The U.S. Supreme Court recently ruled that federal law prohibits employers from discriminating against gay, lesbian, and transgender employees in workplaces. Hayley Archer discusses the case, its potential implications, and what it means for employees in Wisconsin. In a landmark decision that is a major victory for the LGBTQ community, the U.S. Supreme Court ruled…

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The U.S. Department of Labor (DOL) has clarified the rules on when time spent fulfilling continuing-education requirements must be compensated under the Fair Labor Standards Act (FLSA) in a recent opinion letter. In a separate opinion letter, the DOL explained when the travel time of nonexempt foremen and laborers is compensable. A main takeaway from…

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In a manufacturing environment, employees often work near each other, and the level of noise can cause conversations to go unheard by others not in the immediate vicinity. Like the quintessential example of “locker room talk,” “shop talk” in a manufacturing environment can walk a fine line between employee banter and inappropriate, or, in extreme…

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Even though it happens every four-years, it still tends to dominate the media, culture, and watercooler. We are, of course, talking about the presidential election. Election Day is Tuesday, November 3, but citizens have been voting in some states since late September. As the airwaves become inundated with political ads, telephones get overwhelmed with robocalls,…

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