By Laurie E. Meyer Late last month, the National Labor Relations Board (NLRB) issued the long-awaited Browning-Ferris Industries of California, Inc. opinion in which it changed the standards for assessing a joint-employer status. With this opinion, the NLRB returned to the traditional test and held that joint-employer status may be found if two...
By Thomas V. Rohan Tom Rohan of Davis & Kuelthau’s corporate, commercial finance, M&A, and real estate teams authored an article, Don’t Let Your Contract Turn Litigation Into a “Road Game”, for New North B2B's September 2015 publication. To read the article, please click here.
Just when you thought all of the Act 10 litigation had been resolved, along comes Wisconsin Association of State Prosecutors and Service Employees International Union, Local 150 v. WERC in several combined cases challenging the rule-making authority of the Wisconsin Employment Relations Commission (WERC) regarding the election process. Milwaukee...
By Bruce B. Deadman Bruce Deadman of Davis & Kuelthau’s employee benefits and labor and employment teams authored an article, Department of Labor Unveils Long-Awaited Proposed Overtime Rules for New North B2B's August 2015 publication. To read the article, please click here.
This information update summarizes public safety interest arbitration awards that have been issued since November 2014 when our third update appeared. (For prior editions, visit https://www.dkattorneys.com/publications.cfm?st_id=192.) Readers are encouraged to read the entire award for a complete understanding of each case. (See:...
By D|K's School and Higher Education Law Team Last week, Governor Scott Walker signed five (5) education-related bills (below) that will impact Wisconsin school districts in a variety of ways. A number of the changes will provide more efficient school operations. School districts should review and revise their policies, procedures and practices...
On June 30, the United States Department of Labor (DOL) released a 295-page Notice of Proposed Rulemaking (NPRM), seeking public comment on proposed rules amending the Fair Labor Standard Act’s (FLSA’s) “white collar” overtime regulations. The proposed changes will nearly double the salary exemption floor for full-time salaried employees and lay...
D&K's Real Estate practice chair, Joseph E. Tierney, recently sat down with D. Phillip Corbin of J. F. Ahern and Craig Coursin of MSI General Corporation to discuss the benefits of what's trending within design-build. Their commentary was featured in the Milwaukee Business Journal's Table of Experts column on June 12, 2015. Why use a...
In the wake of recent pro-insurance company rulings in Wisconsin courts, businesses and their owners will need to proceed with extra caution when asking their insurance company to defend lawsuits that may arise from their business dealings. While many suits are typically covered under a policy, all too often an insurance company disputes...
By Mark G. Kmiecik Public sector and tax-exempt employers in Wisconsin should be aware that the IRS appears to be targeting section 403(b) plans for examination. Prior to and during recent IRS examinations of 403(b) plans in the state, we have learned that the audit trigger more than once was the IRS’s review of the employers’ websites for...
