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182 Results for Articles by In The Blue Ink Blog.

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Are Quickie Elections Coming in 2014?

Posted on December 16, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

A recent action by the National Labor Relations Board (NLRB) has signaled that a new rule on "quickie" elections will be up for debate (and likely passage) in 2014. Several days ago, the NLRB voluntarily dismissed the appeal of a federal District Court d…

Arbitrate Your Employment Disputes?

Posted on December 17, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the 5th Circuit Court of Appeals overturned a ruling from the NLRB and held that an agreement between an employer and employee that provided for arbitration of any disputes (including class-action claims) was valid and did not viol…

Happy New Year (?)

Posted on December 31, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

This is the time of year that we say "thank you" and "best wishes" to all. On behalf of Ruder Ware, I want to thank all of our clients for the confidence they have shown in our representation. I also want to thank all of the human resource professionals …

Traveling to Work - New Employer Liability

Posted on January 6, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

Employers understand they may be liable for employee injuries that arise while an employee is reporting to work, such as an automobile accident on the way to work or an injury when walking into the company premises from the parking lot. These potential a…

Asking Questions of a Disabled Applicant

Posted on January 8, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

One of the most challenging situations faced by an employer is deciding whether or not to question an applicant about their condition when it is obvious the applicant suffers from some type of disabling condition (i.e. applicant arrives in a wheelchair o…

Minnesota Joins Other States in Protecting Applicant Information

Posted on January 13, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

As of January 1, 2014, employers in Minnesota may not ask an employee for information about their criminal background in the employment application process. This is known as "Ban-the-Box" law which has been passed in seven states, and similar laws are pe…

Light Duty Only for Work-Related Injuries  Pregnancy Discrimination?

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

Many employers have adopted a light duty policy that only applies for an employee that suffers an on-the-job injury. The theory is to allow light duty for work-related injuries in order to encourage an injured employee to return to regular duty. Such a p…

Interactive Process is a Must

Posted on January 28, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the Seventh Circuit Court of Appeals (which covers Wisconsin) again emphasized the absolute necessity that an employer engage in an interactive process with an employee claiming a disability before making any decision regarding acc…

What Now? Is a Temporary Impairment Now Considered a Disability?

Posted on February 5, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

Employers have always been told that an employee that suffers a temporary impairment or injury does not qualify as a disabled employee under the Americans with Disabilities Act. For example, an employee falling out of a deer stand and breaking his leg wo…

25 Days or Less

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

The notion of 25 days or less is the new watch word for the National Labor Relations Board and the proposed rules on "quickie elections." The NLRB has promulgated new rules that are subject to public comment which would expedite the union election proces…

Vote Now and be Excluded Later

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

Our recent blog talked about a proposed rule from the NLRB to establish new procedures for union elections. Known as the "quickie election" rule, it has been proposed by the NLRB for comment although there are strong indications that the rule will be ado…

Turn Over the Voter List - You Have No Choice

Posted on February 21, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

We have written about the proposed "quickie election" rule being considered by the National Labor Relations Board which is designed to expedite a union election proceeding. Another element of the proposed Rule requires the employer to turn over a list of…

"Quickie Election" has First Hearing

Posted on March 10, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

We have written about the proposed NLRB rules that would allow for a "quickie election" process. The first hearing on these rules was held by a House committee even though this is an NLRB rule and not proposed legislation. The committee wanted to air som…

A New Game - Who is Exempt and Who Receives Overtime Pay?

Posted on March 13, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

As you may have seen in several news reports, President Obama is today directing the Department of Labor to re-write the regulations that identify who is exempt from overtime pay requirements under the Fair Labor Standards Act. The Fair Labor Standards A…

Obesity is a Disability?

Posted on March 21, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

A number of activities over the past several months have suggested that obesity is on its way to being considered a disability and therefore protected under federal discrimination laws and possibly the Wisconsin Fair Employment Act. No decision has been …

First Quarter Touchdown for Student Athletes

Posted on March 28, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

Football players under scholarship at Northwestern University can unionize based upon a decision from the Regional Director of the National Labor Relations Board. This is a touchdown in the first quarter for the student athletes as this is the first stag…

"Quickie Election" Rule Under Attack

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

The National Labor Relations Board will be holding public hearings on April 10 and April 11 regarding the proposed "quickie election" rule that would expedite the election process and reduce the ability of an employer to campaign against a union represen…

Age Discrimination Cases Can be Easy to Prove

Posted on April 15, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

Several recent stories have talked about huge layoffs because of a loss of federal contracts and a decline in available work. Companies are looking at large layoffs to reduce costs and survive the cutbacks in revenue from the loss of contracts. A reductio…

No More Record Keeping for Professionals

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

Wisconsin has always been a little different because it required employers to keep a record of the hours worked by a professional employee who was exempt from the overtime pay requirements of the Fair Labor Standards Act. This requirement also applied to…

Perfectly Clear Successor - Be Careful

Posted on April 30, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

Two recent events have refocused a concern about becoming a successor owner of a company in a setting where the company is being acquired/purchased. Situations arise on a regular basis where a company will purchase another business with the intention of …