Please be advised that contacting Ruder Ware by e-mail does not create an attorney-client relationship. If you contact the firm by e-mail with respect to a matter where the firm does not already represent you, any information which you disclose to us may not be regarded as privileged or confidential.


Accept   Cancel

Please be advised that contacting Ruder Ware by e-mail does not create an attorney-client relationship. If you contact the firm by e-mail with respect to a matter where the firm does not already represent you, any information which you disclose to us may not be regarded as privileged or confidential.


Accept   Cancel

PAL Login

linkedin.jpgyoutube.jpgvimeo.jpgtwitter_off.png View Ruder Ware

Search Results


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

SEARCH

Right to Work for Public Sector Employees?

Wisconsin has become a right to work state this week. It is clear that the legislation signed by the Governor does not apply to public sector employees such as public safety and transit employees. Local governments will still be required to negot…

Quickie Election Rules Likely Veto of Legislation

Posted on March 24, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

On March 19, the U.S. House of Representatives passed a resolution to block the National Labor Relations Board from implementing the “quickie election” (or “ambush election”) rule. This legislation was previously approved by the U.S. Senate and now goes …

Light-Duty for Pregnant Employees – The Story Continues

Posted on March 27, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

On Wednesday, the United States Supreme Court overturned a decision from the 4th Circuit Court of Appeals that granted summary judgment to United Parcel Service dismissing a claim by an employee for pregnancy discrimination. The U.S. Supreme Cour…

Interacting with the Public is a Disability?

Posted on March 30, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

A recent decision from the 4th Circuit Court of Appeals has opened the door for a lawsuit by an employee claiming that she suffered from a “social anxiety disorder” which impacted her ability to have personal interaction with others. In a decision involv…

Congress Tries to Stop Quickie Election Rules

Posted on March 31, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

Action was taken by the United States Senate seeking to stop the implementation of the “quickie election” regulations scheduled to take effect in April. The Senate passed Senate Joint Resolution 8 to attempt to stall the implementation of these new Rules…

Presidential Veto = Quickie Election Rules

Posted on April 1, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

President Obama has vetoed the legislation passed by Congress that would prevent the implementation of the quickie election rules authored by the National Labor Relations Board. These new rules expedite the union representation election process and elimi…

New Day for Union Representation Elections

Posted on April 14, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

Today is the day that the new “quickie election” regulations take effect. As of writing this blog, we have not heard of any legal challenge that has successfully stopped the new regulations from being implemented. Under the new regulations, a union repre…

Federal Court Says Working From Home is Not Automatic Accommodation

Posted on April 15, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

A recent decision by the Sixth Circuit Court of Appeals held that the Equal Employment Opportunity Commission failed in its claim that Ford Motor Company violated the Americans With Disabilities Act by failing to accommodate an employee with irritable bo…

Accommodating Religious Practices – Use Your “Best Guess”

Posted on June 3, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

The United States Supreme Court, in the recent Abercrombie & Fitch decision, has said employers must use their best guess to determine whether or not an employee (or applicant) wants or needs an accommodation for a legitimate religious belief.  In this d…

Quickie Election Rules Increase Union Activity

Posted on June 5, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

The NLRB “quickie election” rules have been in effect for the past six weeks.  As predicted, the implementation of these new rules has resulted in a significant increase in union election petitions.  Under these new rules, the procedure to move from the …

I Hate my Boss - Disability?

Posted on June 9, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

A recent decision by an appellate court in California held that the inability of an employee to work with a particular supervisor because of anxiety and stress caused by oversight from the supervisor was not a disability under California Disability Discr…

Warning: Independent Contractors May Be Employees

Posted on July 22, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

The Administrator of the US Department of Labor has issued guidance on determining whether an individual is an independent contractor or an employee of a company.  This Interpretive Guidance goes a long way to declaring that the Department of Labor will …

Court of Appeals Applies “Common Sense” to NLRB Decisions

Posted on July 29, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

Two recent decisions by the DC Circuit Court of Appeals (DC Circuit) have overturned National Labor Relations Board (NLRB) decisions and applied “common sense” in reviewing decisions from the Board.  In both the decisions, the DC Circuit overturned a dec…

The Quickie Elections Survive all Court Challenges

Posted on August 5, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

The quickie election rule adopted by the National Labor Relations Board has survived the first stages of legal challenge as a Washington D.C. Federal District Court has found that the election rules do not violate protected rights of employers.  Because …

Disabling Condition? Protected Conduct?

Posted on August 10, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

Two recent court decisions have opened the door for continued scrutiny on whether or not an individual is protected under the Americans With Disabilities Act.  In a Nebraska Federal Court case, the District Court held that an employee was not protected b…

Shoreland Zoning Limited

As many of you may know, on July 12, 2015, Governor Walker signed the Budget Bill (Act 55) into law.  While there were many notable changes that have received a great deal of attention, one particular change has passed unnoticed.  Prior to the passage…

NLRB Rebuffed Again

Posted on August 27, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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…

No Petition Required for Recertification

The Wisconsin Employment Relations Commission (WERC) has announced that employers will not be required to file a recertification election petition if they are seeking recertification in the fall.  A recent Circuit Court decision from Milwaukee County (wh…

Discrimination Claim Over Hiring Process Settled

Posted on August 31, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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…