Discrimination, Affirmative Action, Veteran’s Rights and Immigration
Americans with Disabilities Act (ADA); age (ADEA); class actions, race; sex; pregnancy; sexual harassment; national origin; religion; arrest record; conviction record; marital status; sexual orientation; domestic partners; veterans; Rehabilitation Act of 1973; military service and leaves; HIV; use of lawful products; smoker’s rights; honesty testing; reductions in force; hiring; criminal background checks; retaliation; drafting affirmative action plans; reviewing and updating affirmative action plans; OFCCP audits; illegal alien issues; Form I-9 compliance; no match letters; safe harbor procedures and USCIS audits.
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Employment Contracts and Employee Handbooks
Confidentiality agreements; protecting trade secrets; covenants not to compete; employment agreements; wrongful discharge; whistleblowers; employment at will; negligent hiring; drafting and updating employee handbooks; employee handbook reviews; drafting and updating employment and leave policies.
Wage and Hour and Independent Contractors
Class and collective actions; salaried exempt employees; minimum wage; overtime payments and calculations; hours of work; wage deductions; hours worked; breaks; minimum wage; eight and eighty rule; compensation and bonus agreements or policies; internships; one day of rest in seven; donning and doffing time; tips and gratuities; child labor; government contract work; wage and hour audits; garnishment and wage assignments; independent contractor eligibility requirements; leased and loaned employees.
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OSHA, Worker’s Compensation and Safety
Inspections; citations; lockout/tagout; refusal to work; retaliation; defenses to OSHA enforcement; hazard communication; bloodborne pathogens; recordkeeping and logs; civil and criminal penalties; refusal to rehire, decreased compensation challenges; Safe Place Statute; employment of minors; penalties; worker’s compensation; workplace violence; concealed carry compliance.
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Employee Benefits and Leaves
Wisconsin FMLA and federal FMLA; serious health conditions; birth and adoption leave; notice and designation of leaves; intermittent and chronic condition leave requests; substitution; benefit protection; medical certification forms; FMLA/worker’s compensation/ADA leave eligibility; protected leaves; return to work; substance abuse/drug and alcohol testing and leaves; military leaves; COBRA and group health, dental, and vision benefit continuation and conversion.
Privacy and Defamation
Searches; surveillance; access and disclosure of medical and personnel records; background checks; reference checks; negligent hiring; reference releases; damages; defenses; third party liability; electronic communications; social media; off-duty conduct; personal relationships at work; dress codes.
Discipline, Separation Agreements and Unemployment Insurance
The seven questions regarding employee discipline; performance evaluations and documentation; last chance agreements; exit interviews; separation agreements and releases; documentation; unemployment insurance eligibility and fraud claims; unemployment insurance hearings; recordkeeping requirements.
Business Closing and Downsizing
Federal and State plant closing notices; reductions in force; non-discriminatory selection criteria; severance pay plans; separation or severance agreements and releases.
Collective Bargaining and Arbitration
Bargaining strategies and tactics; subjects for bargaining; employee rights; strikes; picketing; boycotts; corporate campaigns; lockouts; replacement workers; transfer of work, subcontracting; contract interpretation and discipline matters; grievance handling; arbitration hearings; actions to vacate, modify or enforce arbitration awards.
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Union Organizing, Unfair Labor Practices and Union Elections
Defending employers in union organizing attempts; duty to bargain in good faith; employer’s right to operate during a labor dispute; employees’ right to work; no solicitation rules; social media policies; surveillance; protected and concerted activity; union elections.
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Retiree Medical and Pension Liability
Modifying and/or eliminating retiree medical benefits for existing or future retirees; freezing or terminating defined benefit pension plans; assessing and challenging withdrawal liability assessments from multiemployer pension plans and delinquent contribution audits and actions brought by multiemployer fringe benefit funds; rejecting or modifying collective bargaining agreements or modifying or eliminating fringe benefit obligations related to retiree medical or pension plans in bankruptcy court.