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182 Results for Articles by In The Blue Ink Blog.

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Employment Blog Intro

Posted on December 22, 2012, Authored by Ruder Ware Attorneys, Filed under Employment

The world of employment and benefits law changes on a daily basis. New decisions come out defining the responsibilities of an employer or limit the ability of an employer to make business decisions. Lawyers at Ruder Ware are conscious of these daily chan…

NLRB Tells You What You Can Put in Your Policies

Posted on December 26, 2012, Authored by Ruder Ware Attorneys, Filed under Employment

Two recent decisions by the National Labor Relations Board again shows the intrusion of the Board into the business of running a company. In these decisions, the NLRB (by a 2-1 vote) held that an employer violated federal labor law by: Establishing a…

Time to Rethink Use of Credit Reports

Posted on December 29, 2012, Authored by Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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…

Closed Session Agendas - How Much Detail?

Posted on May 20, 2014, Authored by Ruder Ware Attorneys, Filed under Local Governments and School Districts

EEOC Challenges Wellness Program

Posted on September 16, 2014, Authored by Ruder Ware Attorneys, Filed under Local Governments and School Districts

Supreme Court Refuses to Consider Appeal on Plan Design Issue

Posted on October 27, 2014, Authored by Ruder Ware Attorneys, Filed under Local Governments and School Districts

No Petition Required for Recertification

Posted on August 27, 2015, Authored by Ruder Ware Attorneys, Filed under Local Governments and School Districts