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

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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…

Strength Exam May Cause Discrimination Complaint

Posted on October 20, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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…