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Can Employers Restrict Union Pins and Shirts? Lessons From the Starbucks Decision

Court DecisionEmployers may have more flexibility to enforce neutral dress code and uniform policies, even when those policies affect employees’ display of union insignia.On September 2, 2026, in a decision involving Starbucks’ New York Reserve Roastery, the Second Circuit rejected the NLRB’s stringent standard to workplace rules that restricts employees’ ability to display union insignia under its Tesla decision. The court concluded that the Board’s Tesla standard did

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Decision

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Car pulled over on a Wisconsin road at night with police lights in the rear view — first offense OWI in Wisconsin
By Attorney Stephen E. Mays
A first offense OWI in Wisconsin is a civil violation, not a crime — no jail, no criminal record. That is the part most people hear first, and it is true. What almost nobody tells you at the roadside is that the deadlines that decide your driver’s license start running within days of the arrest, and that this “civil ticket” follows you for the rest of your life if you simply pay it.
Our…
Continue Reading First Offense OWI in Wisconsin: Penalties, Your License, and What Happens Next

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Empty Wisconsin courtroom with judge's bench — what happens at a first OWI court appearance
By Attorney Stephen E. Mays
The court date printed on a Wisconsin OWI citation is rarely immediate — and for a first offense, that first appearance is short, procedural, and, if you understand what it is for, nothing to fear. But two things about it surprise almost everyone: the most important deadlines in your case expire before that date, and what you say at the appearance can lock in or give away your right to a jury.
Here is…
Continue Reading What Happens at Your First Court Appearance for a Wisconsin OWI

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Scales of justice — defense options for a first offense OWI in Wisconsin
By Attorney Stephen E. Mays
Most first-time OWI defendants in Wisconsin assume there is nothing to defend — the machine said 0.08, so pay the ticket. After three decades practicing in Dane County’s courts — on both sides of OWI cases — I can tell you that assumption gives away real defenses in a surprising number of cases. The state’s evidence is built by human beings following detailed rules at every step — the stop, the roadside tests, the…
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NLRB Successor Bar Under Fire: What Employers Buying Unionized Businesses Need to Know

UnionsEmployers acquiring a business with a unionized workforce may soon have more flexibility to challenge the incumbent union’s status than they have had for decades. On July 21, the D.C. Circuit held in Hospital Menonita de Guayama, Inc. v. NLRB that the National Relations Labor Board (NLRB ) never had the authority to impose its “successor bar” doctrine, a rule that generally requires a successor employer

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Need to Know

Effective January 1, 2027, Illinois employers with 26 or more employees must pay employees at their regular hourly rate for their existing job-protected jury duty leave. The change, enacted through House Bill 4844 and signed by Governor J.B. Pritzker on July 31, 2026, amends the Illinois Jury Act and Illinois Jury Commission Act. Crucially, there are no caps or limitations on the new paid leave.

While Illinois employers have long been required to provide employees with protected time away…
Continue Reading Illinois Employers Must Provide Paid Jury Duty Leave Beginning January 1,2027

When short-term disability (STD) benefits are about to end, many workers assume long-term disability (LTD) will simply pick up where STD leaves off. That assumption can create a costly gap.
The transition from short-term to long-term disability is a new benefit determination, not an automatic continuation of an approved claim. The insurer may require updated medical evidence, new claim forms, occupational information, and proof that you satisfy a different definition of disability.
That makes the final weeks of short-term…
Continue Reading Short-Term to Long-Term Disability Transition Guide

Why Protected Concerted Activity Catches So Many Nonunion Employers by Surprise

Many nonunion employers do not expect that they may be one ordinary employee group chat away from a potential National Labor Relations Act (NLRA) issue. The common misconception is that labor law only matters when a union is involved. It doesn’t. As a result, disciplinary decisions that seem routine can quickly become unfair labor practice charges if managers fail to recognize when employees are engaging in protected concerted

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Continue Reading Inside the NLRB: That Employee Group Text Could Create NLRA Liability for Nonunion Employers

The U.S. Department of Homeland Security (“DHS”) has issued a proposed rule that, if finalized, would impose a new $103,265 filing fee on cap-subject H-1B petitions, in addition to existing filing fees. DHS has indicated that the fee is intended to recover a portion of the federal government’s cost of administering the lawful immigration system and support immigration-related operations across multiple federal agencies.

The proposed fee would apply broadly to cap-subject H-1B petitions, including petitions eligible for the advanced…
Continue Reading DHS Proposes New $103,265 Fee for Cap-Subject H-1B Petitions

A recent decision made by the U.S. Court of Appeals in the Fifth Circuit found that OSHA lacked congressional authorization to regulate mental health in the workplace. While the decision does not change workers’ compensation laws or standards for mental injury claims, it raises important questions for employers about how workplace mental health conditions may be evaluated under existing legal frameworks.

Understanding the Different Types of Workers’ Compensation Mental Health Claims
Mental health has a broad definition, but in

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Continue Reading What Employers Should Know About Workers’ Compensation Mental Health Claims After the Fifth Circuit’s Exxon Decision

The Fifth Circuit recently issued a decision that could affect how courts evaluate Occupational Safety and Health Administration (OSHA) regulations and enforcement actions moving forward.

On July 21, 2026, in Exxon Mobil Corp. v. Occupational Safety and Health Review Commission, the court addressed OSHA’s rule requiring employers to record certain work-related mental illnesses.

It concluded that OSHA exceeded its Congress authority under the Occupational Safety and Health Act and vacated the rule, Exxon’s citation, and the accompanying penalty.

Although

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Continue Reading Fifth Circuit Vacates OSHA Mental Health Recordkeeping Rule and Signals Closer Scrutiny of OSHA Authority

Compliance with pay transparency laws is no longer as simple as adding a salary range to a job posting and moving on. As state pay transparency requirements and compliance obligations continue to expand nationwide, regulators are increasingly focused on whether employers’ disclosures are meaningful, accurate, and supported by actual compensation practices.

The shift from disclosure to accountability was a central theme in our recent webcast, Pay Transparency 2.0: Navigating Pay Equity, AI Disclosure, & the Next Wave of Compliance

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Continue Reading Pay Transparency 2.0: Key Employer Takeaways on the Shift in Pay Transparency Compliance

Workers Compensation Claim Form Complaint for Work Injury

To file a workers’ compensation claim in Wisconsin, start with notice: tell your employer within 30 days under Wis. Stat. § 102.12. Your employer then files the WKC-12, and the insurer pays or denies. If it denies, you file a hearing application within the § 102.17(4) limitation period — six years for a traumatic injury, twelve for occupational disease. Madison-area Mays Law Office represents injured workers statewide.

Getting hurt at work in Wisconsin starts a set of clocks that…
Continue Reading How to File a Workers’ Compensation Claim in Wisconsin: Notice Deadlines, What the Employer Must Do, and When to Get Help

Since 1966, employers, labor organizations, educational institutions and government entities have been required to submit workforce demographic information to the Equal Employment Opportunity Commission (“EEOC”) through various EEO data reports. These reports have served as a cornerstone of the EEOC’s efforts to monitor employment trends and identify potential discrimination, but this longstanding framework may soon change.
The Proposed Rule – Removal of Reporting Requirements
On July 21, 2026, the EEOC voted to issue a Notice of Proposed Rulemaking (“NPRM”)…
Continue Reading EEOC Proposed Rule Would Eliminate Longstanding EEO Data Reporting Requirements

The U.S. Department of Labor (DOL) recently issued much-needed guidance on compensable travel time, one of the more complex areas of the Fair Labor Standards Act (FLSA).

Laid out in two opinion letters, the guidance is particularly relevant for employers with hybrid workforces and field-based employees.

Employers should review their pay practices to ensure they are properly distinguishing between ordinary commuting and compensable work activities.
Is Commute Time Compensable Under the FLSA for Hybrid Employees? (WHD Opinion Letter

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Continue Reading DOL Clarifies When Travel Time Is Compensable Under the FLSA for Hybrid and Field-Based Employees

House Bill 26-1283 (“Protections Regarding Seizures of Identification Documents”), signed by Governor Jared Polis on June 3, 2026, sharply limits when a Colorado employer may demand, keep, or control an employee’s or applicant’s government-issued ID. The new law carries both criminal and civil exposure.

Colorado HB 26-1283 Restricts Employers From Retaining Employee Identification Documents
The new statute (C.R.S. § 8-2-124.5) bars employers and their agents from requiring any employee, applicant, or worker to surrender a government-issued identification document.

There

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Continue Reading New Colorado Law Restricts Employers From Retaining Employee ID DocumentsUnder HB 26-1283