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

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Time to Rethink Use of Credit Reports

Posted on December 29, 2012, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

I read that Vermont was the 8th state to regulate the use of credit reports or credit-related information for doing background checks. It may be time to rethink the use of credit-related information for conducting background checks or making other employ…

Denial of Facebook Access is a New Employment Law Issue

Posted on January 3, 2013, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

A teacher's aide in Michigan was disciplined for not giving her Facebook password to her boss. The boss wanted to look at her Facebook page because a picture of her coworker had been posted to the employee's Facebook page. The refusal to provide the pass…

Federal Court is Asked to Hold Enforcement of Act 10 Order

Posted on January 6, 2013, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

The Western Federal District Court, in a recent decision, held that several provisions of Wisconsin Act 10 were unconstitutional. The provisions included the section that required public unions to recertify every year by a majority vote of all employees …

Can You Require An Employee To Be At Work?

Posted on January 9, 2013, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

I am often asked whether attendance at work can be considered an essential requirement of a particular job. Logic would suggest the answer to that question, but of course, court decisions would suggest differently. A recent decision by the 9th Circuit…

Conflicts of Interest when Representing a Family Business?

Posted on January 15, 2013, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

I recently spoke at the State Bar Business and Real Estate Transactions Institute on the topic of conflicts of interest when representing a family held business. This is a very difficult area because of the potential for conflicts between the individual …

Legal Advice on a YouTube video? It happened.

Posted on January 18, 2013, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

Something has happened in my law practice that has never happened before. I have given legal advice to a client based upon a YouTube video. Peter Davis, legal counsel for the Wisconsin Employment Relations Commission, was included in a video post on Y…

EEOC Not Candid about Cameras: Uncertainty About Risks of Video Interviewing Remains

Posted on January 25, 2013, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

A recent letter from the Equal Employment Opportunity Commission refused to give any guidance on whether it would be acceptable for a company to use a video interview to select candidates for hire. The EEOC refers to a number of articles and advice given…

Reasonable Accommodation - The Most Difficult Employer Decision

Posted on February 21, 2013, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

Deciding what is the best and most appropriate reasonable accommodation for an employee with a disability, is the most difficult judgment call that an employer has to make. Deciding how far to go when accommodating an employee with a disability is a matt…

Who Is Really Running Your Business?

Posted on March 1, 2013, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

Recent events at the state and federal level have again put in question who is really running businesses today. The National Labor Relations Board (NLRB) through various opinions and rulings, has said that any business, even if not unionized, may not tak…

How Much Should You Get Paid for Getting Dressed in the Morning?

Posted on March 20, 2013, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

The United States Supreme Court will be considering whether the time that an employee spends putting on and taking off work clothes is a compensable act which would require payment for time spent in that activity. A case involving employees of U.S. Steel…

Deaf Candidates are Entitled to Interpreter During Interview?

Posted on March 26, 2013, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

The Equal Opportunity Employment Commission has filed a federal lawsuit against Toys "R"' Us alleging that the Company violated the Americans With Disabilities Act when it did not provide a sign language interpreter to a deaf applicant at a job interview…

Being At Work Is An Essential Job Function

Posted on April 19, 2013, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

One of my colleagues recently wrote about an Eighth Circuit Court of Appeals ruling that determined whether an employee is disabled. That determination was based on the employee's ability to perform the essential functions of the job. Rather than conside…

Employers are NOT Required to Notify of Union Rights

Posted on May 14, 2013, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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 Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, 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…