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Wisconsin Court Re-affirms Employment At Will Principles

Posted on July 27, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the Wisconsin Court of Appeals has upheld the concept of “employment-at-will” and determined that an employment-at-will provision in an employment contract superseded company policies that provided alternative procedures to be foll…

Eligibility for Overtime Pay – Redo?

Posted on July 31, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

Recent action taken by the Department of Labor has started to signal the likely “redo” of the Fair Labor Standards Act regulations regarding overtime pay and which employees are eligible for overtime pay.  The Department of Labor issued a Request for Inf…

EEOC Sues for Transgender Discrimination

Posted on October 6, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

Recent action by the Equal Employment Opportunity Commission has raised the specter of whether transgender persons are considered protected under the federal discrimination laws.  The EEOC has sued a company in Denver that allegedly discriminated against…

Seventh Circuit Court of Appeals – Super Human Resource Department?

Posted on October 9, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers.  Recent court decisions have suggested that the Federa…

Don’t Ask – Don’t Tell in Job Interview?

Posted on November 16, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

A number of states have passed legislation prohibiting an employer from asking a candidate for a new job about his or her salary history in other employment settings.  While such a law has not passed in the State of Wisconsin, there is clearly a ground s…

Extended Leave is an Accommodation – Maybe Not

Posted on November 20, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an extended leave to a person with a d…

Ageism in the Workplace?

Posted on November 30, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

There has been a lot of discussion lately about “ageism” in the workplace.  People are wondering what this means and what type of steps need to be taken by an employer to avoid age discrimination complaints. Ageism is the key word being used today to …

What Does New Employee Handbook Standard Mean?

Posted on January 12, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

Attorney Bob Reinertson wrote recently about a decision of the National Labor Relations Board that significantly changed how the NLRB will review workplace policies and employee handbooks to determine whether they are in compliance with federal law.  The…

Settling Discrimination Complaints in Wisconsin

Posted on January 17, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the Wisconsin Labor and Industry Review Commission has placed a cloud over the settlement of discrimination complaints in Wisconsin.  The cloud may not be very dark, but it is a matter that needs to be considered by employers when …

Mental Health Disabilities – What to Do?

Posted on January 18, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

We are seeing a growth in disability claims based upon mental health conditions which is very troubling for employers because it is hard to understand whether an employee actually has a mental health condition and it is certainly hard to quantify how tha…

Finding the Right Employee for Your Business

Posted on January 29, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

Employers today are struggling to fill vacant positions that are needed to meet customer needs.  The struggle is a combination of finding potential employees with the skills needed for the particular position and with the skills that make a good worker s…

Employer Must Make Clear Decision the First Time

Posted on February 8, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the Fifth Circuit Court of Appeals has again emphasized the importance of an employer making the right decision regarding the handling of an employment matter at the very start and not changing the rationale for an employment decis…

Hiring the Right Person for the Job Can be Challenging for Farmers Who Have Little Experience in Human Resources

Posted on February 15, 2018, Authored by Ruder Ware Attorneys, Filed under Ag-Visor

Successful hiring is extremely important, especially in farming where a small group of people are doing complicated stressful work in an outdoor setting. Though not a comprehensive guide to hiring great employees, there are some key steps farmers can …

Employee Social Media and Employee Discipline – Caution

Posted on February 20, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page.  While companies have the right to protect their reputation and their bus…

Obesity as a Disabling Condition in Wisconsin?

Posted on March 6, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the State of California has held that obesity is considered a protected disability under California law if the condition of obesity is caused by a psychological condition.  This gave me pause to wonder whether obesity would be cons…

Obesity as Perceived Disability

Posted on March 9, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

I recently did a blog about obesity as a disability under the Wisconsin Fair Employment Act.  I concluded that the condition of obesity did not automatically constitute a disability although courts could find that an employer discriminated against an obe…

"Ban the Box" Legislation Expands – What should Employers Do?

Posted on May 21, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

We have seen a recent expansion of “Ban the Box Legislation” which prevents employers from asking information about the arrest or conviction record of an applicant for a position.  Some legislation prevents employers from conducting criminal background c…

Recent Decisions Support Requirements for Working Extra Hours

Posted on July 2, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

Several recent federal court decisions have reaffirmed the right of an employer to require an employee to work extra hours or rotating hours of work as a part of the normal duties of a position provided there is legitimate reason for such requirement.  I…

Employee Use of Company E-mail May be Protected from Company View

Posted on July 25, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

Companies have always taken the position that an employee’s use of company e-mail is not private, and can be accessed and reviewed by the company at any time.  There have been a large number of court cases, which have held that a company that has issued …

Attendance at Work May Not Be An Essential Function of a Job

Posted on July 30, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

There have been a lot of court cases over the years that have acknowledged that attendance at work is a critical (and logical) essential function of someone’s job.  A recent decision by the Sixth Circuit Court of Appeals has raised a caution about this c…

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