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182 Results for Articles by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
In The Blue Ink Blog.

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Protected Employee Must Notify Employer of Need for Time Off

Posted on May 31, 2017, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

A recent decision in the Northern District of California highlighted the importance of employers applying a consistent rule that employees must notify the employer if they are unable to report to work, even if the employee suffers from a disabling condit…

Joint Employer Status Rebuffed?

Posted on June 14, 2017, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be considered an employee of the hir…

Right-to-Work Law Upheld

Posted on July 17, 2017, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

Without much fanfare, the Seventh Circuit Court of Appeals has upheld the Wisconsin Right-to-Work Law.  The Right-to-Work Law passed in Wisconsin is similar to a law passed in Indiana and holds that a company may not enter into a labor agreement with a u…

Wisconsin Court Re-affirms Employment At Will Principles

Posted on July 27, 2017, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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the concept of “employment-at-will” and determined that an employment-at-will provision in an employment contract superseded company policies that provided alternative procedures to be foll…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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 …

New Legislation Limits Government Zoning Regulations

New legislation has been signed by Governor Walker that limits the ability of local governments to control certain zoning regulations and requires greater flexibility in the approval of conditional use permits.  Under 2017 Wisconsin Act 67 which was just…

The Next Step toward Open Government – Preserving Text Messages

The Wisconsin Public Records Board is looking into the next step in preserving open government, which is how to save text messages and social media messages authored by local government officials.  The Public Records Board recently issued a press release…

What Does New Employee Handbook Standard Mean?

Posted on January 12, 2018, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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…

Court Says Electronic Copies Must Be Released

A recent decision from a Dane County trial court has opened the door for new guidance on providing electronic copies of public records to local news media.  In a recent decision, a Dane County judge held that a state lawmaker was in violation of the Wisc…

Employee Social Media and Employee Discipline – Caution

Posted on February 20, 2018, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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…

School District Ordered to Allow Student to Use Medical Marijuana in Classroom

A recent decision from a federal court in Illinois has opened the door to significant debate regarding the use of medical marijuana in a school setting. The Schaumburg, IL School District has been ordered to allow an 11-year old student to use medical…

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