Incorporating resiliency into the built environment is something architects and engineers are increasingly focusing on in the face of the threats posed by climate change. Both the insurance industry and evolving standards of care may also soon require engineers and architects to incorporate resiliency into their designs, even if individual professionals do not feel climate change issues need to be addressed in their building design.
Although incorporating resiliency in the face of climate change is a relatively new concept
Continue Reading Beyond Building Green: Resiliency Resources and Potential Requirements for Addressing Climate and Extreme Weather
Wisconsin Court of Appeals Rejects Village’s Attempt to Condemn Property for Sidewalk
To exercise the power of eminent domain, Wisconsin municipalities must comply with Chapter 32 of the Wisconsin Statutes. However, the power of eminent domain cannot be used to acquire property to create a “pedestrian way.” In a recently decided case, Sojenhomer LLC v. Village of Egg Harbor (2021AP1589 March 14, 2023) (publication recommended), the Wisconsin Court of Appeals held that the Village of Egg Harbor violated that law when it attempted to condemn private property to install a sidewalk
Continue Reading Wisconsin Court of Appeals Rejects Village’s Attempt to Condemn Property for Sidewalk
FTC’S Proposed Rule Seeks to Eliminate Non-Compete Agreements Nationwide
On Jan. 5, 2023, the Federal Trade Commission (FTC) released a
Notice of Proposed Rulemaking (NPRM) to prohibit employers from entering or attempting to enter, maintaining, and/or representing to a worker that the worker is subject to, a non-compete agreement.1 The proposed rule is based on the FTC’s preliminary finding that non-compete agreements constitute an unfair method of competition and therefore violate section five of the Federal Trade Commission Act (FTCA). Section 5 gives the FTC broad authority
Continue Reading FTC’S Proposed Rule Seeks to Eliminate Non-Compete Agreements Nationwide
NLRB Case Impacts Severance Agreements for Union and Non-Union Employees
The National Labor Relations Board (NLRB) recently issued a decision holding that severance agreements containing certain nondisparagement and confidentiality clauses interfere with employee rights under Section 7 of the National Labor Relations Act (NLRA). The decision will impact employer severance agreements with both non-unionized and unionized employees.
In McLaren Macomb, 372 NLRB No. 58 (2023), eleven front desk/greeter employees of McLaren Macomb Hospital in Michigan (the “Hospital”) were permanently furloughed in 2020 due to the pandemic. The employees were
Continue Reading NLRB Case Impacts Severance Agreements for Union and Non-Union Employees
The Supremes Confirm Weekly Fixed Salary is Critical for FLSA Exempt Status
Last week in Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court affirmed employees must be paid a fixed salary of $684.00 per week to be considered “exempt” under the popular administrative, executive, and professional exemptions. The case involved Michael Hewitt, an oil rig worker who was paid a daily rate. His paycheck, issued every two weeks, amounted to his daily rate times the number of days he had worked in the pay period, which resulted in variable
Continue Reading The Supremes Confirm Weekly Fixed Salary is Critical for FLSA Exempt Status
ILLINOIS GOVERNOR TO SIGN LEGISLATION PROVIDING MANDATORY PAID LEAVE FOR ALL WORKERS
February 27, 2023
By: Sally Piefer and Alexandra (Sasha) Chepov
On January 10, 2023, both houses of the Illinois legislature passed the Paid Leave for All Workers Act (the “Act”), which requires private employers to provide a minimum of 40 hours of paid leave for employees to use for any reason. Governor Pritzker has indicated that he will pass the Act. Therefore, Illinois employers should take all necessary actions to ensure that their policies and practices are compliant with
Continue Reading ILLINOIS GOVERNOR TO SIGN LEGISLATION PROVIDING MANDATORY PAID LEAVE FOR ALL WORKERS
Employers Must Exercise Care in Drafting Severance Agreements in Light of Recent Labor Board Decision
The National Labor Relations Board (NLRB) issued a landmark decision on Tuesday affecting the validity of various provisions typically found in employee severance agreements. The NLRB in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) if a severance agreement contains a non-disparagement or confidentiality clause that restricts an employee’s ability to exercise their rights under the NLRA. The NLRB’s decision in McLaren Macomb not
Continue Reading Employers Must Exercise Care in Drafting Severance Agreements in Light of Recent Labor Board Decision
Wisconsin Supreme Court: Restatement’s Risk-Utility Test Does Not Replace the Consumer-Contemplation Test as the Standard for Determining “Unreasonably Dangerous” Products (Extended Post)
Interpreting for the first time the product liability statute adopted in 2011, the Wisconsin Supreme Court refuses to adopt Restatement (Third) of Torts Section 2(b) and holds that the consumer-contemplation test remains the standard for determining whether a product is “unreasonably dangerous” in a strict liability claim.
Last month, in Murphy v. Columbus McKinnon Corp., 2022 WI 109, — N.W.2d —, 2022 WL 17972321 (Dec. 28, 2022), the Supreme Court of Wisconsin interpreted the Wisconsin product liability statute for
Continue Reading Wisconsin Supreme Court: Restatement’s Risk-Utility Test Does Not Replace the Consumer-Contemplation Test as the Standard for Determining “Unreasonably Dangerous” Products (Extended Post)
Wisconsin Supreme Court: Restatement’s Risk-Utility Test Does Not Replace the Consumer-Contemplation Test as the Standard for Determining “Unreasonably Dangerous” Products
Interpreting for the first time the product liability statute adopted in 2011, the Wisconsin Supreme Court refuses to adopt Restatement (Third) of Torts Section 2(b) and holds that the consumer-contemplation test remains the standard for determining whether a product is “unreasonably dangerous” in a strict liability claim.
Last month, in Murphy v. Columbus McKinnon Corp., 2022 WI 109, — N.W.2d —, 2022 WL 17972321 (Dec. 28, 2022), the Supreme Court of Wisconsin interpreted the Wisconsin product liability statute for the
Continue Reading Wisconsin Supreme Court: Restatement’s Risk-Utility Test Does Not Replace the Consumer-Contemplation Test as the Standard for Determining “Unreasonably Dangerous” Products
Wisconsin Supreme Court Issues Significant Opinion: Insurers Cannot Use Preclusion Principles to Sidestep Duty to Defend
Wisconsin Supreme Court issues significant insurance coverage opinion, finding that insurers cannot use preclusion principles to sidestep duty to defend.
On January 26, 2022, the Wisconsin Supreme Court weighed in on one potential exception to the “complaint test” as a method of determining whether an insurance company has a duty to defend a lawsuit brought against its insured. Dostal v. Strand, 2023 WI 6, __ N.W.2d __.
Generally, when an insured party is sued, the insurer must compare the
Continue Reading Wisconsin Supreme Court Issues Significant Opinion: Insurers Cannot Use Preclusion Principles to Sidestep Duty to Defend
Expanded Protections for Pregnant and Nursing Employees
On December 29, 2022, President Biden signed into law an omnibus appropriations bill, which expands protections for pregnant and nursing employees under The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.
The Pregnant Workers Fairness Act
The PWFA, which goes into effect in June 2023, extends the protections for pregnant workers in the same manner as is available under the Americans with Disabilities Act (ADA). Specifically, the new law requires employers
Continue Reading Expanded Protections for Pregnant and Nursing Employees
Religious Accommodation in Employment Will Have Its Day at the High Court
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), among others. It looks like 2023 will be no different. In addition to taking up the rights of employers to sue unions for damages incurred during strikes and asking the Solicitor General to weigh in on what actions can
Continue Reading Religious Accommodation in Employment Will Have Its Day at the High Court
Employment Law Issues to Be Aware of When Using Remote Workers
The use of remote work has increased considerably since the onset of the COVID-19 pandemic. More and more people have been able to work from home, and the ease of online communications has allowed employers to hire people located in other states or even other countries. The growing use of remote work has changed the way many businesses operate, and it has opened up a range of opportunities for both employers and employees. However, it is critical for employers
Continue Reading Employment Law Issues to Be Aware of When Using Remote Workers
FTC’s Non-Compete Proposal: FAQ
Dear Ruder, we are getting lots of long emails from various sources about this proposed noncompete ban. Can you please break this down in easy-to-read language so we don’t have to review the entire 216 pages of the FTC’s proposed rule?
Dear Reader, Yes we can! See our answers to some frequently asked questions below!
When will the proposed ban go into effect? First of all, there may be legal challenges (is anyone else having deja vu?). As
Continue Reading FTC’s Non-Compete Proposal: FAQ
FTC Proposes New Rule Essentially Banning Employee Non-Competition Clauses: Is the End in Sight for Non-Competes?
On January 5, 2023, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking advancing a new rule that would effectively prohibit employee non-competition clauses with all employees and rescind existing non-competition clauses. All workers, whether paid or unpaid, and independent contractors, interns or volunteers would be covered. While there is nothing employers must do now, if the rule as proposed takes effect it will have a sweeping impact on the ability of businesses to limit the employment
Continue Reading FTC Proposes New Rule Essentially Banning Employee Non-Competition Clauses: Is the End in Sight for Non-Competes?
FTC Announces Vote to Publish Proposed Rules that Would Ban All Noncompete Provisions Restricting Workers
The Federal Trade Commission (FTC) started the new year off with a bang when it announced in a press release on January 5, 2023 that it is proposing a new rule that would ban many employee non-compete clauses.
The press release follows a 3-1 vote by the FTC to publish a notice of proposed rulemaking in the Federal Register. This indicates the first step toward adopting regulations but does not mean the regulations are final or binding at this
Continue Reading FTC Announces Vote to Publish Proposed Rules that Would Ban All Noncompete Provisions Restricting Workers