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15 Results for Articles published in January 2015 In The Blue Ink Blog.

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NLRB Judge to Employer: Stated Reason for Terminating Employee Who Complained About Pot is Smokescreen

Posted on January 6, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

Recently, an administrative law judge (“ALJ”) for the NLRB concluded that a casino employer’s stated reason for terminating an employee (“Schramm”), who complained about the risks of inhaling second-hand marijuana smoke, were not genuine—and the …

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…

Are Local Right-To-Work Laws Legal: Recent Lawsuit Could Provide Definitive Answer

Posted on January 19, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

On January 14, 2015, a group of labor unions—led by the UAW and UFCW—filed suit against Hardin County, Kentucky, in response to a municipal “right-to-work” ordinance [a copy of the complaint is available here:  United Automobile Aerospace and Agr…

Paying Overtime to Managers in 2015?

Posted on January 20, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

We are anticipating the Department of Labor will propose new regulations governing the payment of overtime to employees under the Fair Labor Standards Act. These new regulations, originally promised in November of 2014, will likely change the tests for d…

Dean Dietrich Receives Speaker of the Year Award from United Way of Marathon County

Posted on January 21, 2015, Authored by ,

Attorney Dean Dietrich was recently awarded the Speaker of the Year Award from the United Way of Marathon County.  Visit our Community Blog to see what the organization had to say about Dean and the award. 

United Way of Marathon County Selects Dean Dietrich as 2014 Speaker of the Year

Posted on January 21, 2015, Authored by , Filed under Community

United Way’s Speaker’s Bureau is an important part of our their mission to educate people about the priority issues the local chapter is working on. Dean has been a tireless representative of the Early Years Coalition. In the words of United Way, “One of…

Police Managers Teeter-Totter: Praise and Reprimands

Posted on January 22, 2015, Authored by Ruder Ware Attorneys, Filed under Local Governments and School Districts

“It’s always best to be consistent” and “maintain balance” are classic mainstays for advice in life. And like many things in life, such mainstays carry over into the workplace. I try to follow this advice when assisting my clients on a variety of…

EEOC Gains Upper Hand in Biometric Time Clock Religious Discrimination Case

Posted on January 22, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

Let’s face it, not all employees are saints—unfortunately, there will always be that one employee who brazenly decides to color outside of the lines. Recently, several clients have asked me for my opinion about biometric time clocks - in response…

Employer’s Failure to Accommodate Needle Phobia Leads to 2.6 Million Dollar ADA Verdict

Posted on January 26, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

Last week, a federal jury in an Americans with Disabilities Act case entered a 2.6 million dollar plaintiff’s verdict in favor of a former Rite Aid Corporation pharmacist who Rite Aid allegedly discharged in response to his inability to administer flu sh…

What's Your Quid?

Posted on January 26, 2015, Authored by Ruder Ware Attorneys, Filed under Local Governments and School Districts

As labor law attorneys know, there are very few interest arbitration decisions being issued since Act 10 took effect in 2011. In fact, in the last thirteen months, there were only four such decisions. This is significant change from the "good old…

Unsigned Legislative Memo: Drastic Changes Planned for Worker’s Compensation?

Posted on January 27, 2015, Authored by Russell W. Wilson
Russell W. Wilson
Of Counsel
Wausau Office
, Filed under Employment

Senator Jon Erpenbach’s (D-Madison) office released an unsigned memorandum addressed to “WC Stakeholders.” The memorandum is dated January 15, 2015, and its subject line reads “WC Reorganization.” While the memorandum is unsigned, it is clear that the au…

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…