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Filed Under: Employment & Labor
Court Must Adjudicate the Merits before Transferring Properties to Trust Over Owner’s Objection
In City of Milwaukee v. Choudry, 2018AP1693 (Dec. 27, 2019), the Wisconsin Court of Appeals reversed a circuit court order transferring the defendant’s properties into a trust. The appellate court held that, because the trial court never made a final judgment on the merits of the case, it lacked authority to impose a remedy. Starting in […]
Filed Under: Employment & Labor
Are You Ready? Reminder: New White-Collar Exemption Rule is Effective January 1, 2020.
Under the Federal Fair Labor Standards Act (FLSA) “white collar” exemption, employees are exempt and not entitled to overtime if: (1) a “duties” test establishing that the employees are executive, administrative or professional employees as defined by federal rules is met; (2) employees are paid on a salary or fee basis; and (3) employees are […]
Filed Under: Appellate Practice Employment & Labor
Supreme Court to Decide if Prohibition on Sex Discrimination covers Sexual Orientation/Identity
The U.S. Supreme Court has announced that it will hear three cases addressing whether discrimination on the basis of sexual orientation and transgendered status constitutes discrimination “because of sex” and therefore prohibited under Title VII. The Court agreed to hear two of the cases together to resolve a split in the U.S. Circuit Courts as […]
Filed Under: Employment & Labor
NLRB Further Defines Concerted Activity
The National Labor Relations Act protects employees—even those in non-union workplaces—engaged in protected concerted activity for the purposes of mutual aid and protection. But what does “concerted” activity mean? A recent National Labor Relations Board decision, Alstate Maintenance, 367 NLRB No. 68, helps define the contours of the term. In Alstate, the employer provided skycap services at an airport. […]