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

This article was originally published in
Husch Blackwell’s News and Insights blog and is published here with the author’s permission. Blog has been edited for publication on WisBar, with author approval. ​ Five years after the beginning of the #MeToo movement, sexual assault and harassment in the workplace remain an issue. According to the
National Sexual Violence Resource Center, 81% of women and 43% of men report they have experienced some form of sexual harassment or assault in…
Continue Reading The Speak Out Act and its Potential Impact on Employers

Restrictive covenant law has changed dramatically within the last couple of years. A Wisconsin Court of Appeals’ decision in Diamond Assets, LLC v. Godina is the latest development in the state’s restrictive covenant laws.

In Diamond Assets, the court’s decision provides three takeaways:

• procedural guidance on motions to dismiss as they relate to restrictive covenants;
• insight into whether employees can be restricted from soliciting prospective clients; and
• guidance on the scope of information that may be lawfully restricted by

…
Continue Reading Diamond Assets: New Ground in Wisconsin’s Noncompete Law

As the composition of the National Labor Relations Board (NLRB) changes from administration to administration, so do labor law standards, policies, and enforcement priorities of the board. With jurisdiction over virtually every private sector employer – small, mid-size, large, non-profit, etc. – the board’s movements have profound consequences for employers, employees, and organized labor. And even for public sector employers – which are not covered by the NLRA – the NLRB’s pronouncements are highly influential. In short, when it…
Continue Reading National Labor Relations Board Changes: A 2022 Retrospective

Regardless of whether one identifies as pro-labor, pro-management, or somewhere in between, most would agree that the National Labor Relations Board is a political animal. Board doctrine often shifts to reflect the philosophy and goals of the political party in power at the time. Critics of the board accuse it of “flip-flopping.” Others more graciously refer to this phenomenon as “policy oscillation.” Policy oscillation is in full swing at the board. A Change of Leadership, A Change of Focus…
Continue Reading ‘Policy Oscillation’ in Full Swing at the National Labor Relations Board

On Nov. 9, 2021, the Wisconsin Department of Workforce Development (DWD), tasked with enforcing Wis. Stat. section 103.37, clarified that the statute does not require employers to pay the cost of COVID-19 testing where the testing is offered as an alternative to vaccination and where the federal government has issued a soft mandate that requires either testing or vaccination of employees.Section 103.37(2m) provides that:No employer may require any employee or applicant for employment to pay the cost of a…
Continue Reading Wisconsin Law Does Not Require Employers to Pay for COVID-19 Testing