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Independent Contractor, Not Employee?

Posted on January 30, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

There has been a lot of discussion about independent contractor status and initiatives by the Department of Labor to investigate whether a particular worker has been improperly classified as an independent contractor and not an employee of a comp…

Must Companies “Ban the Box” in Wisconsin?

Posted on February 4, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

“Ban the box” legislation has become popular throughout the country. Fifteen states and a number of local jurisdictions have adopted legislation that involves arrest and conviction record discrimination and specifically “bans the box" that must b…

What You Do During A Meal Break May Mean More Pay

Posted on February 5, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the Sixth Circuit Court of Appeals addressed whether employees performing certain activities during a meal break must be compensated in the form of pay for that work. Fortunately, the Court of Appeals held in favor of the e…

A Quick Fix to the Quickie Election Rules?

Posted on February 13, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

The United States Chamber of Commerce and several trade associations have filed a motion for summary judgment in a federal court in Washington D.C. seeking to overturn the “quickie election” rules recently adopted by the National Labor Relations Board. T…

Retaliation Claims are at the Top

Posted on February 17, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

A recent report issued by the Equal Employment Opportunity Commission shows that retaliation claims are the largest number of claims that are brought to the EEOC for consideration. Sex discrimination claims rank second and disability discriminati…

U.S. Supreme Court will Answer the Question of Who Must Give Notice of an Accommodation

Posted on February 26, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

Yesterday, the United States Supreme Court heard oral argument in a religious discrimination case that asks the question whether an employee/applicant needs to request an accommodation of religious beliefs in order for an employer to be required to consi…

Quickie Election Rules Likely Veto of Legislation

Posted on March 24, 2015, Authored by Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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…