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Payment for Not Taking Benefits – Additional Compensation

Posted on July 5, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision in the Ninth Circuit Court of Appeals has highlighted another problem with determining the rate of pay for paying  overtime hours worked by non-exempt employees.  Under the Fair Labor Standards Act, employees are required to be paid tim…

Collegiality in the Workplace – Not Authorized by NLRB

Posted on July 13, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

Collegiality in the workplace is the goal of every employer in order to provide the proper atmosphere for productive employees.  Many employers have taken this desire to heart by publishing rules that encourage collegiality amongst employees and prohibit…

Agreement Prohibiting Solicitation of Employees by Former Employee may be Unenforceable

Posted on August 23, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the Wisconsin Court of Appeals has raised serious questions regarding non-solicitation agreements that are often included as part of an employment agreement or severance agreement.  A non-solicitation agreement typically prohibits …

Hairstyle Is Not a Protected Category but Sexual Orientation Likely Is

Posted on September 20, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

Several recent decisions have opened the door to further scrutiny regarding discrimination and the basis for a finding of discriminatory conduct by an employer.  These decisions continue to show the volatility of discrimination claims and determinations …

Tortious Interference with Contract/Employment Relationship/Truthfulness of Statements/Defense to Tort Claim

Posted on November 2, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

A recent ruling from the Seventh Circuit Court of Appeals extended the notion of “truth as a defense” to a tortious interference with employment claim under Wisconsin law.  This establishes a sound defense to a claim by an employee against other employee…

Recent Disability Discrimination Cases Outline Employer Responsibilities

Posted on November 4, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation.  These decisions offer reminders for employers of the importance of recogn…

Perceived National Origin Discrimination Can be Pitfall for Employers

Posted on December 12, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

I have always struggled with the notion of “perceived” discrimination and whether an employer has actually discriminated against an employee because they perceive the employee to be disabled or of a different national origin or something else.  The EEOC …

More Overtime or Not?

Posted on December 13, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

The table is set for a fight over whether or not more employees will be eligible for overtime pay as a result of the Department of Labor regulation changing the qualifications to be an exempt employee.  President-Elect Trump has nominated Andrew Puzder t…

Christmas Disability?

Posted on December 21, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

I have written over the year regarding disability discrimination and the notion that an employer can be subject to a discrimination complaint under both state and federal law if the employer “perceives” an individual to be disabled and unable to perform …

National Origin Discrimination – A New Frontier?

Posted on January 4, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

Immigration law is said to be the next major debate in both state legislatures and Congress.  While that debate will focus on the rights of immigrants to gain legal status in our country, employers can anticipate many new issues arising under national or…

Limited Right to Ask for Discontinuance of Dues Deductions

Posted on January 10, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

A recent federal court decision in Madison has struck down a portion of the Right-to-Work law applicable to all employers in Wisconsin.  Under this decision by U.S. District Judge William Conley, the Court has issued a permanent injunction stopping emplo…

Asking for Current Salary in Application?

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

The City of Philadelphia has passed legislation that prohibits an employer from asking for the current salary of an applicant being considered for employment with a public or private employer.  The theory behind this legislation is to prevent employers f…

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

Posted on March 2, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work.  A good example is an employee who suffers from episodes of depression that affect the e…

Harassment Discrimination Covers the Waterfront

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

We have always been concerned about the extent to which employees or the Equal Employment Opportunity Commission (EEOC) could claim they were suffering from harassment in the workplace.  Recent guidance from the EEOC clarifies its position regarding the …

Are You a Joint Employer? Watch Out for Potential Liability

Posted on March 13, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

Many businesses today use other entities to provide employees for their business operations.  This type of structure is often viewed as a good way for a company to avoid many of the pitfalls of being an employer under state and federal laws.  A recent co…

Seventh Circuit Court of Appeals Speaks Out on Employment Issues

Posted on May 3, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

Several recent decisions by the Seventh Circuit Court of Appeals have set the tone for court decisions in the employment law field.  The Seventh Circuit Court of Appeals covers a number of states in the Midwest, including Wisconsin, so the rulings are im…

One Racial Slur Constitutes Harassment?

Posted on May 4, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the Second Circuit Court of Appeals in New York has again opened the door to questions about hostile work environment and racial harassment.  The particular question addressed in this court decision was whether one racial epitaph (…

Protected Employee Must Notify Employer of Need for Time Off

Posted on May 31, 2017, Authored by Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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…