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NLRB Rebuffed Again

Posted on August 27, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

The NLRB has again been rebuffed by the federal Court of Appeals in its pursuit of charges against employers for terminating employees due to the exercise of their protected speech rights.  In a recent decision from the Eighth Circuit Court of Appeals, t…

Discrimination Claim Over Hiring Process Settled

Posted on August 31, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

Target Corporation has agreed to pay $2.8 million to settle charges filed by the Equal Employment Opportunity Commission (EEOC) alleging that the hiring process used for certain professional positions disproportionately screened out applicants based on r…

Electronic Signatures Expedite Union Election Petition

Posted on September 9, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

A recent pronouncement by General Counsel of the National Labor Relations Board has indicated that electronic signatures will be accepted on a union election petition filed with the NLRB.  This clarification allows the union election process to be expedi…

Strength Exam May Cause Discrimination Complaint

Posted on October 20, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

A recent news article reported that a trucking company has settled an age and sex discrimination charge filed by the Equal Employment Opportunity Commission over a strength exam that it used when hiring drivers for its business.  The EEOC claimed that th…

Federal Judge Dismisses Lawsuit Regarding Tattoos

Posted on November 6, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision by a federal judge in Chicago has upheld the right of the City of Chicago to require police officers to cover visible tattoos while on duty.  The Chicago Police Department implemented a Department policy that banned the display of tatto…

Court of Appeals Gives Protection to Employee “Like” of Negative Comments

Posted on November 10, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision by the Second Circuit Court of Appeals has upheld the decision by the National Labor Relations Board that action taken by two employees on a Facebook page should be considered protected speech and therefore the employees should not have…

Employers Get Break For Now

Posted on November 19, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

In a surprise announcement, the Solicitor of Labor, Patricia Smith, has indicated the final rule on overtime eligibility being considered by the Department of Labor will likely not be declared final and implemented until late 2016.  During a panel discus…

ADA Protections in the Application Process

Posted on January 11, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

A recent lawsuit filed by the Equal Employment Opportunity Commission is a reminder that employers have a duty to accommodate an applicant for employment if the applicant identifies the need for accommodations during the application/interview process.  T…

Are Your Supervisors Really Supervisors?

Posted on January 27, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the Federal Fourth Circuit Court of Appeals has created some question regarding the definition of supervisor under the National Labor Relations Act (NLRA).  In a recent, unpublished decision, the Fourth Circuit upheld the finding b…

Caution, Caution – Are You a Joint Employer?

Posted on January 28, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

Recent guidance from the Department of Labor has created a stir regarding two or more businesses that could be considered joint employers and thereby held jointly and severally responsible for complying with minimum wage and overtime pay requirements of …

Will Employers Be Surprised in July?

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

Recent statements from the Department of Labor Solicitor Patricia Smith have suggested that the new regulations being considered by the Department of Labor on the white collar exemptions from overtime will be published in July and become effective in Sep…

Christmas in July?

Posted on March 18, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

I am afraid to report that many employees will be receiving a significant Christmas present in July.  The latest word is that the new FLSA regulations regarding exempt status will be issued in July and will be subject to a 60-day review period by Congres…

Disability Discrimination Lawsuits can be Expensive

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

A recent settlement of a disability discrimination lawsuit against AT&T shows that a discrimination claim can be an expensive proposition.  AT&T settled a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission by paying …

Is Your Website Discriminatory?

Posted on March 22, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

Yes, there have now been a number of lawsuits filed over whether or not a company’s website is accessible under the Americans With Disabilities Act.  In many of these cases, the Department of Justice has joined in the lawsuit seeking to enforce Title III…

Do Your Supervisors Actually Make Decisions?

Posted on March 31, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision of the Fourth Circuit Court of Appeals puts a spotlight on that question:  Do your supervisors exercise discretion when supervising others?  This question is important because the recent Court of Appeals decision held that several emplo…

What Does ADA Accessible Mean?

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

In a recent blog, I wrote about the potential of litigation requiring a business to make its website ADA accessible.  I noted that it is still not clear what a business may be required to do under this legal argument.  A recent court decision in Californ…

NLRB Blogs

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

I have written a number of blogs regarding the position of the National Labor Relations Board relating to protected speech for employees.  The NLRB and its General Counsel have been very aggressive in concluding that the conduct of employees should be co…

Is Obesity a Disabling Condition?

Posted on April 14, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the 8th Circuit Court of Appeals addressed whether obesity automatically qualifies as a disability under the Americans with Disabilities Act.  In a decision filed by an applicant for employment who was ultimately denied employment …

Assigning Bathrooms – Reasonable Accommodation?

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

There has been a great deal of media coverage regarding how to accommodate a transgender employees’ use of bathrooms.  Logic suggests that maintaining private bathrooms that would be available to any employee would be the most reasonable way to address t…

Withdrawal of Recognition of Union – Automatic Complaint

Posted on June 29, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

Recent action by the National Labor Relations Board has challenged a long-standing labor precedent that may directly affect Wisconsin companies because of the implementation of the Wisconsin Right-to-Work Law.  Because of the Right-to-Work Law, many c…