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

Posted on December 4, 2014, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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…

Independent Contractor, Not Employee?

Posted on January 30, 2015, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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…

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…