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182 Results for Articles by In The Blue Ink Blog.

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Employers are NOT Required to Notify of Union Rights

Posted on May 14, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

A federal district court decision has struck down an administrative rule proposed by the National Labor Relations Board that would require all private sector employers to notify their employees of the right to join a union. The recent decision held that …

Supreme Court to Decide Validity of NLRB Appointments

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

President Obama has asked the United States Supreme Court to reverse a lower court decision and hold that the President's appointment of three members to the National Labor Relations Board (NLRB) was constitutional and proper. These appointments took …

Aggressive Investigation Strategies - EEOC

Posted on May 21, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

The Equal Employment Opportunity Commission enforces federal laws relating to the employment relationship, particularly in the area of discrimination. The EEOC recently issued a new Strategic Enforcement Plan which gives employers a clear indication of w…

Accommodation for Disabled Applicant?

Posted on May 29, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

We are seeing more and more requests from an applicant to have some type of accommodation for the individual to be considered for a vacant position. The Equal Employment Opportunity Commission recently issued an informal letter to a public employer outli…

Disabled Employee Must be Considered for Vacant Position

Posted on June 5, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

Recent action by the United States Supreme Court has clarified the duty of accommodation that an employer must make under the Americans with Disabilities Act. The action of the U.S. Supreme Court was to deny review of a 7th Circuit Court of Appeals decis…

Is Coffee My Friend or My Foe?

Posted on June 11, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

As a labor negotiator, I rely upon coffee to help me through the long days and long evenings that often occur when negotiating a new labor agreement. I have come to hold coffee in highest esteem as my best friend. I recently read that coffee may deter th…

Is the NLRB Alive? Supreme Court Will Decide

Posted on June 27, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

On Monday, the United State Supreme Court granted certiorari (meaning they have agreed to hear a case) on whether the appointments by President Obama in January 2012 to the National Labor Relations Board (NLRB) are valid appointments or improper applicat…

Must You Accommodate the Bored Worker?

Posted on July 3, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

I wrote several weeks ago about the changes made to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) and the suggestion that caffeine withdrawal was now a disability that required some level of accommodation from an employer. Another cha…

Partially Deaf Worker May Require Accommodation

Posted on August 2, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

I wrote several blogs about potential areas of new disability claims relating to the use of caffeine and a new mental health disorder that may affect non-productive employees. A recent federal court case held that a partially deaf retail store pharmacy t…

Management Comments can Create a Smoking Gun for Discrimination Claims

Posted on August 7, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision by the U.S. Court of Appeals for the Sixth Circuit gives a prime example of how comments by an employer-representative can support a claim of discrimination. A sales manager in his late fifties showed a potential basis for a claim of ag…

What's in Store for the Future - National Labor Relations Board

Posted on August 23, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

On August 22, I spoke to the Employment Law Institute sponsored by the State Bar of Wisconsin on the topic of, "National Labor Relations Board:  What Will the Future Bring?" This topic focused on the recent congressional approval of new members to the NL…

Federal Court Upholds NLRB Approval of Mini-Bargaining Unit

Posted on September 3, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision by the 6th Circuit Court of Appeals (the Federal Court covering the states of Kentucky, Michigan, Ohio and Tennessee) held that the NLRB decision allowing for a "mini-union" was a valid and proper exercise of Board authority. In this ca…

Obesity as a Protected Category?

Posted on September 18, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

I have written blogs in the past about obesity not being a protected category under the Americans with Disabilities Act and the Wisconsin Fair Employment Act. Over the weekend, the American Medical Association announced that obesity should now be conside…

Government Paralysis - Potential Liability Still Exists

Posted on October 1, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

The news today talks about "government paralysis" and the likelihood that government will not re-focus for several weeks until everything is decided regarding the continuing resolution debate and the debt limit debate. A caution to employers however, tha…

Treat Employees the Same - Avoid Discrimination Claim

Posted on October 21, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the Seventh Circuit Court of Appeals (governing Wisconsin) accents the importance of an employer treating employees the same especially in the event of disciplinary action issued to an employee. In this decision, the employer termi…

Caution - Duty To Accommodate May Be Expanded

Posted on November 13, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

A recent decision from the 5th Circuit Court of Appeals has opened the door to consideration of a duty to accommodate under the Americans With Disabilities Act that goes beyond the need to accommodate an employee with assistance to perform the essential …

Being At Work Is An Essential Job Function

Posted on November 18, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

A colleague wrote recently that the Court of Appeals for the Eighth Circuit ruled that when determining whether an employee is disabled or not because the employee cannot perform the essential functions of the job, the key document to be considered by th…

Flu Shots - Required or Prohibited

Posted on November 27, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

Many states have adopted laws that require mandatory influenza (flu) vaccinations for certain health care professions. A recent hearing on Wisconsin Assembly Bill 247 would take the opposite direction. This proposed legislation would prohibit employers (…

Indefinite Leave As Reasonable Accommodation?

Posted on December 4, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

Deciding what to do when an employee says she cannot return to work because of a medical condition, even after exhausting all FMLA leave, is one of the most difficult questions faced by an employer, especially in Wisconsin. I have written before about th…

Unemployment Compensation Law Changes - Happy New Year?

Posted on December 9, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

Wisconsin employers will receive some relief from the employee-focused unemployment compensation law in Wisconsin after January 1. The Wisconsin Legislature has passed a new law which makes a number of changes to the unemployment compensation law affecti…