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10 Results for Articles published in July 2015 In The Blue Ink Blog.

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Fairly Debatable IME Report Defeats Bad Faith Claim in Worker’s Compensation

Posted on July 6, 2015, Authored by Russell W. Wilson
Russell W. Wilson
Of Counsel
Wausau Office
, Filed under Employment

This scenario in worker’s compensation is familiar.  A worker has a pre-existing, degenerating, and progressively deteriorating condition, in this case an old injury to his knee.  Later, there’s an accident at work, shortly after which, knee surgery is r…

What is the Overtime Proposal and Why Should I Care?

By now you probably have heard that the U.S. Department of Labor (DOL) has issued a “proposed rule and request for comments” regarding overtime eligibility.  For those of you who want to chat intelligently about this topic at cocktail parties—but would p…

2016 WRS Contribution Rates

Posted on July 9, 2015, Authored by Ruder Ware Attorneys, Filed under Local Governments and School Districts

The Wisconsin Department of Employee Trust Funds (ETF) recently set the 2016 Wisconsin Retirement System (WRS) required contribution rates for employers and employees.  Most employers and employees will see a slight decrease in rates.   For general an…

One Instance of Racial Harassment Can Be Enough

Posted on July 21, 2015, Authored by ,

Harassment and discrimination in the workplace continue to be evolving areas of law.  In most U.S. jurisdictions, the rules seem to be fairly well-established as fair and balanced for both employer and employee.  However, when the right case comes along,…

Warning: Independent Contractors May Be Employees

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

The Administrator of the US Department of Labor has issued guidance on determining whether an individual is an independent contractor or an employee of a company.  This Interpretive Guidance goes a long way to declaring that the Department of Labor will …

Initial Certification of General Employee Elections Require 51% of All Eligible to Vote

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

With the Budget Bill from the 2015 Legislature now in effect, it should be noted a change was made in how election results are determined for newly represented general municipal employees.  2015 Wisconsin Act 55 (the Budget Bill) provides that in electio…

Milwaukee’s Ordinance on Residency Remains Enforceable

Posted on July 23, 2015, Authored by Ruder Ware Attorneys, Filed under Local Governments and School Districts

The Wisconsin Court of Appeals ruled on July 21, 2015, that the City of Milwaukee’s ordinance requiring all city employees to live within the City of Milwaukee remains enforceable and is not superseded by a state statute abolishing local residency requir…

Hey Employers! The DOL is Watching—Are Your Workers Properly Classified?

On July 15, 2015, the U.S. Department of Labor (“DOL”) released an administrative interpretation that addresses the standard under the Fair Labor Standards Act (“FLSA”) for properly classifying workers as employees or independent contractors.  While ther…

The DOL Has Had a Busy Summer!

The DOL has had a busy summer!  From proposed overtime rules to independent misclassification warnings, the prudent employer should take notice.  For more information, see my two recent legal updates: Hey Employers! The DOL is Watching - Are Your Workers…

Court of Appeals Applies “Common Sense” to NLRB Decisions

Posted on July 29, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

Two recent decisions by the DC Circuit Court of Appeals (DC Circuit) have overturned National Labor Relations Board (NLRB) decisions and applied “common sense” in reviewing decisions from the Board.  In both the decisions, the DC Circuit overturned a dec…