Jesse Dill

Eighth Circuit Again Deconstructs FMLA Constructive Notice

This year marks a decade for employers in the Seventh Circuit dealing with the difficult concept of “constructive notice” for an employee’s Family and Medical Leave Act leave. But the Eighth Circuit recently again questioned whether that rule is still legitimate. First, a reminder. The Family and Medical Leave Act allows for an employee to […]

Telecommuting again raised as a reasonable accommodation

Questions related to reasonable accommodations for employees with disabilities are some of the most difficult situations for employers to resolve. The Americans with Disabilities Act requires employers to grant an employee a reasonable accommodation in the workplace for his or her disability. Such an accommodation is not required if it would cause an employer an […]

Jack and the wage and hour beanstalk

I admit maybe the title of this post should be “Shawn and the wage and hour beanstalk.” A recent decision by a Wisconsin court appeals keeps a long-running wage and hour complaint going even further in the battle for a large amount of attorneys’ fees. What may be most troubling for employers reading about this […]

Despite recent NLRB action, union membership continues decline

Last week, the Bureau of Labor Statistics released its annual figures on the state of union membership in the United States. Union membership continued its now-typical trend of declining rolls in 2012. The percent of workers who were union members in 2012 was 11.3%, compared to 11.8% in 2011. The overall number of those belonging […]

Right-to-work law

Arnstein & Lehr Chicago Partner Mark Spognardi and Milwaukee Associate Jesse Dill recently published an article, “Michigan right-to-work law continues to put labor on its heels,” in the December 24 issue of Inside Counsel. In the article, they discuss that Michigan became the 24th state to pass “right-to-work” legislation on December 11, amid scenes of […]

Authority grows on concealed weapons in the workplace

In light of recent events, many employers are more concerned than ever over violence entering the workplace. Policies and security measures are being examined and highly scrutinized. Last month I wrote about a Western District of Kentucky decision that found an employee was not protected by Kentucky law when he pulled a firearm from his […]

Court approves discovery questionnaire seeking social media information

Employers and in-house counsel facing class-wide litigation received a welcome opinion from the District of Colorado to kick-off the new year. In EEOC v. The Original Honeybaked Ham Co. of Georgia, Inc., the court approved a questionnaire for claimants to identify numerous sources of electronic information, including that which could be used to access social […]

Should Wisconsin employers look to Kentucky for help on concealed carry?

Don’t worry – this is not a Bob Costas halftime post regarding anybody’s opinion on guns. We are just sticking to the court cases here, everyone. Last month, I wrote about some of the issues Wisconsin employers face with deer hunting season. One of those issues that could cause some Wisconsin employers headaches was the […]

NLRB finds at-will employment clauses live to see another day

Employers can still limit the ability of employees to change their at-will status without running afoul of the NLRA Arnstein & Lehr Chicago Partner Mark Spognardi and Milwaukee Associate Jesse Dill recently published an article, “NLRB finds at-will employment clauses live to see another day,” in the November 26 issue of Inside Counsel. In the […]

Employers can avoid holiday party liabilities ~ as a ’tis the season rhyme

Twas the employer’s holiday party, getting all away from the house Employees were stirring, excited to be out The company took many precautions with care To avoid claims of liability after the celebratory affair Tables were lined with food and employees were well fed So none of the eggnog would go too far to their […]