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Decision on "Like" Facebook Protection is Appealed

Posted on September 17, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

I recently blogged about a decision from the National Labor Relations Board holding that an action by a worker to "Like" a comment on Facebook about the poor conduct of a company was considered protected speech under the National Labor Relations Act. The…

EEOC Strikes Again

Posted on September 17, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

I mentioned in a blog several weeks ago that summer was gone and the EEOC was embarking upon a renewed effort to "flex its muscles" and pursue claims designed to limit the rights of employers. The EEOC has acted again by bringing a lawsuit against a Cali…

Working from Home May Not be Automatic

Posted on September 18, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

I wrote a blog a number of months ago about a federal Court of Appeals decision which strongly suggested that working from home would be a required reasonable accommodation in certain circumstances. A decision involving Ford Motor Company strongly sugges…

Bring Your Comfort Animal to Work  Everyday?

Posted on September 29, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

I am familiar with the national movement of "bring your child to work," but now I am wondering if we will have a national movement to bring your "comfort animal" to work. A recent federal court decision in Hawaii held that an employer may have discrimina…

EEOC Brings More Complaints

Posted on October 1, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

I have written over the past several months regarding the activism at the Equal Employment Opportunity Commission. The beat goes on. Several recent complaints have been filed by the Equal Employment Opportunity Commission seeking to protect employees fro…

U.S. Supreme Court Reviews Notice Requirement

Posted on October 29, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

The United States Supreme Court has agreed to review a decision on a case brought by the Equal Employment Opportunity Commission against national clothing retailer Abercrombie & Fitch Stores, Inc. which focuses on the duty of an employee to request an ac…

Adjust Job Duties

Posted on November 3, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision by the 7th Circuit Court of Appeals has reaffirmed the duty of employers to consider minor adjustments to job duties as a reasonable accommodation under the Americans with Disabilities Act. This decision, while dealing with the ADA, rei…

Are Employers Receiving A Special Christmas Gift This Year?

Posted on November 20, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

Some commentators have suggested that the recent Republican vote will limit the activity of the National Labor Relations Board and avoid the potential for more activist activity from the Board. It is not clear, however, how the House and Senate can effec…

Holiday Party - Celebration?

Posted on November 24, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

Everyone is thinking about the holiday season. Many human resource professionals are wondering whether or not the company should sponsor a holiday party and what limits should be applied to such an event. The best answer is to be reasonable and to be mor…

NLRB Attacks Independent Contractor Status

Posted on November 25, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision by the National Labor Relations Board has attacked the test that is generally used to determine whether or not an individual is an independent contractor or is considered an employee eligible for voting to be represented by a union. In …

Dealing with Employee Facebook Postings can be Dangerous

Posted on December 3, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

A number of recent decisions have laid out some of the risks related to employee Facebook postings and decisions by the employer to terminate an employee for inappropriate statements on Facebook. These decisions have involved constitutional challenges to…

Indiana Supreme Court Holds Right-to-Work Law is Constitutional

Posted on December 4, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

Several months ago, there was a lot of media coverage about a law adopted by the Indiana Legislature known as the Right-to-Work law. This law provided that a union could not force union members to pay union dues or be required to join a union that repres…

Sex Discrimination of All Types Will Be Enforced

Posted on December 16, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

The Equal Opportunity Employment Commission has filed a complaint against two different companies alleging discrimination against individuals because of their actions to change gender and allegations the employee was terminated because of such conduct. T…

Caution: Union Organizing Activity Can Come Quickly

Posted on December 17, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

We have written several blogs about the recent activity of the National Labor Relations Board that directly affects union organizing efforts. Recent action by the NLRB has authorized the use of company e-mail for union solicitation communications by empl…

NLRB Changes Standard – Two Chances to Protect Employee Rights

Posted on December 19, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

A decision issued last week by the National Labor Relations Board significantly changed the “deferral standard” that was used by the NLRB when considering whether a grievance arbitration award properly addressed the protection of employee rights to commu…

New Year Present from EEOC – Review of Wellness Programs

Posted on December 22, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

As we think about Christmas presents, the EEOC recently announced its initiatives for the next year. One of those initiatives will be a review of wellness programs and the incentives that an employer provides to employees to participate in a wellness pro…

Working at Home May Not be a Reasonable Accommodation

Posted on January 8, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

In May 2014, I wrote a blog indicating a federal court of appeals decision suggested that a permanent assignment to working at home may be a reasonable accommodation for an employee suffering from a disability.  Another federal court of appeal…

Lawsuit Challenges NLRB Rules On Quickie Election

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

As we have previously discussed on this blog site, the National Labor Relations Board has published new election rules often described as the “quickie election” rules. A blog summarizing the rules can be found here. These rules are to take effect on Apri…

Micro-Union Ruling is Start to Lengthy Legal Process

Posted on January 14, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

The National Labor Relations Board has confirmed an Administrative Law Judge (ALJ) decision that Macys, Inc. is obligated to bargain with a small bargaining unit of cosmetic and fragrance sales persons instead of holding that these employees have a commu…

And Now There are Five

Posted on January 29, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

The United States Senate has confirmed Lauren McFerran as the fifth member of the National Labor Relations Board. The Board now stands fully staffed with a majority being labeled pro-employee. This means “beware” for employers. The confirmation of Lau…