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8 Results for Articles published in February 2016 In The Blue Ink Blog.

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Exclusive Remedy of Worker’s Compensation Bars State Law Claims for Emotional Distress

Posted on February 1, 2016, Authored by Russell W. Wilson
Russell W. Wilson
Of Counsel
Wausau Office
, Filed under Employment

The federal District Court for the Eastern District of Wisconsin dismissed two state law emotional distress claims in a lawsuit based on the exclusive remedy provision of the Wisconsin Worker’s Compensation Act (WCA).  The employee filed suit under the A…

NLRB Mails it In: Captive-Audience Speeches in Mail-Ballot Elections Now More Restrictive

Posted on February 4, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

For most companies that have experienced a union organizing campaign, the concept of “captive audience” speeches on the eve of a manual, secret-ballot election is very familiar.  In this context, the National Labor Relations Board (“NLRB”) has long held …

Will Employers Be Surprised in July?

Posted on February 5, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

Recent statements from the Department of Labor Solicitor Patricia Smith have suggested that the new regulations being considered by the Department of Labor on the white collar exemptions from overtime will be published in July and become effective in Sep…

Company Websites May Tangle Up Employers in ADA Liability

Posted on February 8, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

Does your company’s public business website create liability under the ADA?  The short, lawyerly, answer is—“it depends.”  Plaintiffs’ lawyers across the country are seizing upon Title III of the ADA [Places of Public Accommodation] as a basis for making…

Employer’s Modification to Employee Handbook Break Policy Was Unfair Labor Practice

Posted on February 11, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

Often [at least within my respective circles of friends and co-workers],the National Labor Relations Board (NLRB) is criticized for its polemics of ipse dixit—“it is so because we say it is so.”    Recently, one business advanced this same criticism thro…

Joint Employer Status

Posted on February 15, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

On February 3, 2016, in Crew One Productions, Inc. v. NLRB, the US Court of Appeals for the Eleventh Circuit [which issues opinions that impact businesses in Alabama, Florida and Georgia] concluded that the NLRB misapplied the law concerning whether two …

Thurmond Rule Will Impact High Court Employment and Labor Law Decisions in Aftermath of Justice Scalia’s Death

Posted on February 17, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

In the aftermath of Supreme Court Justice Antonin Scalia’s recent death, many of my friends and colleagues have asked what Justice Scalia’s passing means to the future of significant employment and labor law cases.  First, Justice Scalia’s death means th…

Federal Court Rejects NLRB’s Recently-Adopted Solicitation Standard, Criticizes NLRB’s Reasoning

Posted on February 23, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

If you follow this blog, you may recall my post from November 26, 2014 Labor Unions Have Another Reason to Be Thankful: NLRB Serves Up Holiday Season Gift about the NLRB’s controversial decision in Conagra Foods, Inc., concerning the meaning of “solicita…