• Houses Passes Bill Which Would Narrow Definition of “Joint Employer”

    On Tuesday, November 7, the U.S. House of Representatives passed, by a vote of 242-181, the “Save Local Business Act”, which would narrow the National Labor Relations Act’s and Fair Labor Standards Act’s definitions of “emplo

  • No Greater Time Than the Present

      Every single time I turn on the news, I hear yet another story regarding workplace sexual harassment allegations. All summer long in Iowa, we followed highly publicized cases that had worked their way to the jury. For

  • U.S. Justice Department Takes Aim at Workplace Protections for Transgender Individuals

    Recently on October 4, United States Attorney General Jefferson Beauregard Sessions issued a Memorandum instructing the Justice Department to take the position that Federal law does not protect transgender individuals from wo

  • 7th Circuit Upholds Company Firing HR Manager Who Refuses to Disclose Work Romance with Subordinate

    On August 31, 2017, in Owens v. Old Wisconsin Sausage Company, the United States Court of Appeals for the Seventh Circuit affirmed a grant of summary judgment in favor of the employer in a discrimination and retaliation case

  • Is Your Use of Open Source Software in Compliance with the OSS License Terms?

    What caused Verizon to send me an open source software (OSS) license disclosure notice with my upgraded FiOS router/modem a few years ago? Are other companies, like yours, being targeted for corrective action for similar alle

  • Is Your Workplace No-Recording Policy Too Broad?

    This summer the Second Circuit Court of Appeals dealt another blow to employers – this time related to employer no-recording policies.  Whole Foods Market Group Inc. (“Whole Foods”) appealed to the Second Circuit the decision

  • Seventh Circuit Affirms Wisconsin’s “Right-to-Work” Law

    On July 12, 2017, a three-Judge panel of the United States Court of Appeals for the Seventh Circuit affirmed the United States Court for the Eastern District of Wisconsin’s September 26, 2016 decision upholding Wisconsin’s “R

  • Allowing Action Without a Meeting? Ensure Compliance with Statutes and Bylaws

    We are often asked to prepare or review corporate bylaws for corporations at the onset or when issues arise. Many corporations, either in their initial bylaws or by amendment to bylaws, have included a provision for action wi

  • “Dog is man’s best friend, but not if it is a service animal”

    Dogs as Service Animals – The new ADA Requirement I had a client contact me regarding a Complaint of Discrimination based on his property manager’s treatment of “service animals” for tenants in his apartment community.  This

  • The Financial CHOICE Act of 2017 Signals the Administration’s Staunch De-Regulatory Philosophy

    On Thursday, June 8, 2017, the House of Representatives took a significant step toward a substantial repeal of the Dodd-Frank Wall Street Reform and Consumer Protection Act. By a vote of 233 to 168, the House passed the Finan

  • Days Seem to be Numbered for DOL’s Persuader Rule

    In recent weeks, the United States Department of Labor has taken firm steps towards rescinding the “Persuader Rule,” which is a regulation issued by the Office of Labor-Management Standards (“OLMS”) of the Department of Labor

  • How to Land Government Contracts as a Minority/Women-owned Firm

    In one of the most recent podcast episodes from Asked and Answered, the ABA Journal’s Stephanie Francis Wards interviews MWH partner, Emery Harlan. Emery is a partner at MWH Law Group’s Milwaukee office and has more than 25 y

  • Best Practices in Records Retention & Litigation Holds

    Under federal law, private sector employers who regularly employ more than fifteen employees in a given year have statutory and regulatory obligations to preserve records related to their hiring and employment practices. Empl

  • Employee Rights with Family and Medical Leave

    On March 17, 2017 in Yolich v. Financial Management Systems, Inc., the United States District Court for the Northern District of Illinois ruled in favor of employer Financial Management Systems, Inc. (FMS) on a motion for sum

  • Twitter Highlights Failing Grades on Inclusion for American Workplaces

    Last week, under the hashtag #BlackWomenAtWork, black women began sharing their stories of discrimination and disrespect on twitter. The stories multiplied. The stories keep coming. The hashtag, not new on twitter, was revive

  • Hashtags and Trademarks: #ItsComplicated

    Hashtags are an integral part of social media and are commonly used to make searching easier. A hashtag is a word or phrase preceded by the hash character, or pound sign (#), that is used to categorize the content of the acco

  • Developments in Gender Pay Equity Laws

    1.95 million. As of the date of this post, that is the number of results produced by my general internet search for “pay equity issues.” There has indeed been much debate and literature on the issue, ranging from general anal

  • Future of Obama Administration’s Overtime Rules Still Unclear

    Last December, we had discussed the uncertain future of the Overtime Rules enacted during the Obama Administration, which would have more than doubled the minimum salary threshold for the major white collar exemptions to the

  • MWH Serves as Sole Underwriter’s Counsel for Major Bond Sale

    MWH Law Group Serves as Sole Underwriter’s Counsel In connection with $529 Million State of Wisconsin Bond Transaction   Milwaukee, Wisconsin — Feb. 16, 2017 — MWH Law Group, LLP (MWH) recently served as sole underwriter

  • Civility in a Post-Election Workplace

    The peaceful transfer of presidential power occurred earlier this month. However, restoring and keeping the peace in the workplace against the backdrop of the most polarizing election cycle ever will require keen skills at fo

  • Electronic submission of injury and illness data becomes employers’ new reality

    On May 12, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule on electronic reporting of workplace injuries and illnesses. OSHA, Improve Tracking of Workplace Injuries and Illnesses, 81 Fe

  • Obama Administration’s Overtime Rule Faces Uncertain Future

    Obama Administration’s Overtime Rule Faces Uncertain Future In our November 1, 2016 alert, we had discussed the new overtime rule unveiled by the Obama Administration in May which, effective December 1, would have essentially

  • Landlord Best Practices and Remedies under Commercial Leases

    Landlord Best Practices and Remedies under Commercial Leases Landlords often contact us to negotiate complex commercial leases and to analyze their rights and remedies for dealing with tenant breaches.  Because a tenant breac

  • Diversity and Inclusion Strategy – A Case Study

    A Case Study on the Benefits of Diversity and Inclusion Strategy Development Recently I had a meeting with a company to discuss business opportunities and our conversation quickly turned to the entity’s recent termination of

  • Due Diligence—Key Element in Documenting the Deal

    Commercial Contracts Due Diligence—Key Element in Documenting the Deal In the for-profit and non-profit world, contracts are written to document deals and allocate risks between parties every day. The range of types of commer

  • Are You Ready For The New Overtime Threshold?

    New Department of Labor Overtime Rule Creates New Pitfalls for Employers On May 18, the United States Department of Labor released its final rule regarding changes to the overtime threshold for the Fair Labor Standards Act (F

  • Phillips Promoted to Partner, Borders Joins as Senior Counsel

    Phillips Promoted to Partner, Borders Joins as Senior Counsel at MWH Law Group LLP Milwaukee, Wisconsin – Oct. 27, 2016 – The Milwaukee office of MWH Law Group LLP announced the promotion of Nelson W. Phillips III to partner,

  • Discrimination Suit Over Dreadlocks Ban Dismissed

    Court of Appeals Decision Reiterates that Race is Based on Immutable Characteristics On September 15, 2016, by a 3-0 decision, the U.S. Circuit Court of Appeals for the Eleventh Circuit dismissed a Title VII race discriminati

  • Facebook, Goldman Urged by NYC Pension to Disclose Diversity

    Diversity Disclosure: NYC Taking First Step in Ensuring Minority Firms Have Fair Opportunity to Compete New York City Comptroller Scott Stringer and his staff should be lauded for their work in encouraging major companies the

  • MWH Law Group Assists Major Broker-Dealer in Defeating High Stakes FINRA Action

    MWH Helps Major Broker-Dealer Defeat High Stakes FINRA Action MWH Law Group LLP recently successfully defended a major broker-dealer in a Financial Industry Regulatory Authority (FINRA arbitration) by a former financial advis

  • Beware Vague or Outdated Policies

      NLRB’s Latest Decision on Social Media Policy a Cautionary Tale for Employers: Beware Vague or Outdated Policies!   Over the past several years, the National Labor Relations Board (NLRB) has been issuing a series

  • MWH Law Group Off to a Strong Start

    Former Equity Partners of Gonzalez Saggio & Harlan Launch New Firm MWH Law Group LLP off to a strong start with retention of long-standing client relationships and staff. Milwaukee, Wisconsin – Sept. 21, 2016 – Well-known