Protecting Employers Since 1985

Documenting Employee Performance Issues

By Richard H. Wessels / November 30, 2023

While doing a google search on a different subject, I came across a well-done, short and simple six-point listing on how to document employee issues. This six-point listing is as follows: I was struck by how our Wessels Sherman employee counseling form leads you to follow these recommendations. We have provided it to clients for…

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All Employers Should Read This

By Richard H. Wessels / October 25, 2023

The NLRB has re-written the rules for union organizing with many trip wires for employers. We have been alerting our clients about the extraordinarily pro-union NLRB decision in Cemex. This decision revamps completely the process for a union to be recognized. The old procedure called for the union to demand recognition and the employer could…

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NLRB Is Now Getting Serious With Its Anti-Business Agenda

By Richard H. Wessels / September 29, 2023

Here’s the story of the NLRB’s pursuit of the two owners of a Muskego, WI spa. In 2021, the NLRB found that Haven Salon + Spa violated the NLRA when it discharged an employee for raising concerns about the adequacy of the company’s COVID-19 safety protocols during the height of the pandemic. In raising those…

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Cemex Decision and the New Rules for Union Organizing

By Richard H. Wessels / September 21, 2023

In our September Client Alert, we wrote about the extraordinarily pro-union NLRB decision in Cemex. Here are links to NLRB press release and the decision itself. This decision revamps completely the process for a union to be recognized. The old procedure called for the union to demand recognition and the employer could tell the union…

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Cemex NLRB Decision Will Make Union Organizing Much Easier

By Richard H. Wessels / August 30, 2023

On August 25, 2023, the NLRB gave a major victory to unions and allows unions to represent employees without a formal vote. The decision is Cemex Construction Materials Pacific, LLC. The new procedure requires employers to recognize a union when the union demands recognition based on a claimed majority showing support. The union does not…

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Construction Industry Labor Law

By Richard H. Wessels / August 16, 2023

Our firm’s practice area is management-side labor and employment law. I focus my practice on the labor law side of things and that pretty much means dealing on behalf of employers with labor unions. Disputes in this area are in the exclusive jurisdiction of the National Labor Relations Board (NLRB). Construction industry labor law is…

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NLRB Makes Independent Contractor Test More Difficult for Employers

By Richard H. Wessels / June 13, 2023

In a decision issued in mid-June, the pro-union NLRB made it tougher for employers to demonstrate that their workers are independent contractors. Independent contractors are not covered by the National Labor Relations Act and thus do not have organizing rights. The decision is The Atlanta Opera, Inc. and the Board went back to the traditional…

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Wessels Sherman Unlimited Phone Consultation Program

By Richard H. Wessels / May 6, 2023

Wessels Sherman was founded by me in 1985. Simultaneously with the founding of the firm, the Phone Program came in on day one. We have hundreds of phone clients; some have been in it for 38 years. The Phone Program started at $50 a month. There has been only one increase, to $75 per month.…

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NLRB Details Harsher Remedies in Unfair Labor Practice Cases

By Richard H. Wessels / April 21, 2023

As our readers no doubt are aware, President Biden has promised that he will be the most union-friendly president in American history. He has appointed to the NLRB members and officials in keeping with this mission. The most recent change came out on April 20. The NLRB, in a decision (Noah’s Ark Processors), announced the…

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NLRB Launches “Know Your Rights” Card Series

By Richard H. Wessels / March 31, 2023

With its pro-employee majority and new General Counsel, the NLRB is continuing in their aggressive pursuit of employers. Recently they announced the development of a “Know your Rights” card series to educate workers on their rights under the National Labor Relations Act. The cards are designed to be printed, folded, and used by workers in…

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