Goat Subcontracting (Yes, We Said “Goat Subcontracting”) Grievance Highlights Importance of Strategic Collective Bargaining If you work in a unionized workplace, surely the union at one point or another has “gotten your goat.” Well, the goats are now getting their revenge, and a union doesn’t like it. Over the past two summers, administrators at Western Michigan University have employed goats to clear out undergrowth in wooded areas on campus...… Continue reading this entry
BNSF Railway: SCOTUS Narrows General Jurisdiction for Corporate Defendants and Limits the Reach of Wisconsin's Long-Arm Statute Last week, in BNSF Railway Co. v. Tyrrell, 581 U.S. ___, No. 16-405, the U.S. Supreme Court reversed the Montana Supreme Court and concluded that BNSF Railway was not subject to general jurisdiction in Montana to answer for alleged work-related injuries occurring in North Dakota and South Dakota. Though BNSF maintained over 2,000 miles of railroad...… Continue reading this entry
Right-To-Work Laws Continue to Gain Momentum at Federal, State, and Local Levels For nearly fifty years, the debate over “right-to-work” laws had largely been considered settled. The concept was popular in the south, where a number of states have had right-to-work-laws on the books since before the 1960’s, but had gained little traction elsewhere.  Though all states were free to pass laws adopting right-to-work, few states outside … Continue reading this entry
Seventh Circuit Recognizes “Substantial Truthfulness” Defense to Tortious Interference Claims under Wisconsin Law As we wrap up another election cycle that has kept “fact checkers” working overtime analyzing the many dubious claims by candidates of all political persuasions, the Seventh Circuit has issued a decision that reminds us of the value of the truth—at least insofar as it concerns truth (or “substantial truthfulness” in this case) as a … Continue reading this entry
Wisconsin Court of Appeals Issues Reminder of Power of Federal Arbitration Act In the last generation, the U.S. Supreme Court has repeatedly promoted the policy under federal law in favor of arbitrating claims, including in the area of employment law. Among other issues, the Court has held on multiple occasions that employers can require employees to submit statutory employment claims to arbitration, whether via mandatory arbitration agreements … Continue reading this entry
Seventh Circuit Cuts Through First Amendment Forum Jargon and Issues Robust Defense of Free Expression Like many cities across the country, Fort Wayne, Indiana raises money through advertisements that it sells on the inside and outside of the buses it operates. And like many cities, Fort Wayne has a number of regulations on the content of those ads. Most of these regulations are uncontroversial – think of prohibitions on images … Continue reading this entry
Tips for Avoiding “Convincing Mosaic” of Discrimination After retaining an employee through two year-long tours of duty in the Middle East and countless military drills amounting to 900 total days of absence, allowing the employee to modify her schedule to account for her military leave, and providing several accommodations when the employee returned from war diagnosed with post-traumatic stress disorder, you might … Continue reading this entry