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Employment

  • "Quickie Election" Rule Under Attack

    Posted on April 1, 2014, Authored by Dean R. Dietrich, Filed under Employment

    The National Labor Relations Board will be holding public hearings on April 10 and April 11 regarding the proposed "quickie election" rule that would expedite the election process and reduce the ability of an employer to campaign against a union representation election. Several prior blogs have addressed some of the elements of the proposed rule, b…   

  • First Quarter Touchdown for Student Athletes

    Posted on March 28, 2014, Authored by Dean R. Dietrich, Filed under Employment

    Football players under scholarship at Northwestern University can unionize based upon a decision from the Regional Director of the National Labor Relations Board. This is a touchdown in the first quarter for the student athletes as this is the first stage in a litigation that will likely run for several years. The Regional Director held that the st…   

  • Obesity is a Disability?

    Posted on March 21, 2014, Authored by Dean R. Dietrich, Filed under Employment

    A number of activities over the past several months have suggested that obesity is on its way to being considered a disability and therefore protected under federal discrimination laws and possibly the Wisconsin Fair Employment Act. No decision has been made holding that obesity is a disability under Wisconsin law, but several things at the federal…   

  • A New Game - Who is Exempt and Who Receives Overtime Pay?

    Posted on March 13, 2014, Authored by Dean R. Dietrich, Filed under Employment

    As you may have seen in several news reports, President Obama is today directing the Department of Labor to re-write the regulations that identify who is exempt from overtime pay requirements under the Fair Labor Standards Act. The Fair Labor Standards Act does not apply to executive, administrative and professional employees. There are certain min…   

  • "Quickie Election" has First Hearing

    Posted on March 10, 2014, Authored by Dean R. Dietrich, Filed under Employment

    We have written about the proposed NLRB rules that would allow for a "quickie election" process. The first hearing on these rules was held by a House committee even though this is an NLRB rule and not proposed legislation. The committee wanted to air some of the concerns that employers have expressed about this proposed rule. One presenter noted t…   

  • Is a Policy of 12 Months and You're Out, Out?

    Posted on February 28, 2014, Authored by Kevin J.T. Terry, Filed under Employment

    The United Parcel Service, Inc.'s (UPS) motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) challenging the company's leave policy was denied last week by the U.S. District Court in Illinois. EEOC v. United Parcel Service, Inc., N.D. Ill, No. 09C5291, February 11, 2014. For over a decade UPS has maintained a 12-mo…   

  • The Ultimate Bait and Switch? Female Job Applicant Who Claims She Was Forced to Perform Sexual Favors as Part of Application Process has no Title VII Claim Because the Job she was Applying for Did Not Exist.

    Posted on February 26, 2014, Authored by Sara J. Ackermann, Filed under Employment

    The story begins when Phil Vanaria, an employee of Cook County's Oak Forest Hospital learns from a friend that Krystal Wilson, an out-of-work massage therapist, was offering to perform massages at her home studio. Vanaria contacted Wilson regarding her services, and suggested there may be some positions open at the Hospital for which she would be q…   

  • Pom-poms and Circumstances: Professional Baseball Players' and Cheerleaders' March to the Courthouse - Provide Good Wage and Hour Reminder

    Posted on February 24, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    Recently, the professional sports world has experienced a slew of wage and hour lawsuits, through which the stars on and off the field (well, maybe not off the field completely, but definitely on the sidelines) have claimed their larger-than-life employers failed to pay them the applicable minimum wages and overtime, as required under federal and s…   

  • Turn Over the Voter List - You Have No Choice

    Posted on February 21, 2014, Authored by Dean R. Dietrich, Filed under Employment

    We have written about the proposed "quickie election" rule being considered by the National Labor Relations Board which is designed to expedite a union election proceeding. Another element of the proposed Rule requires the employer to turn over a list of all individuals (names) that would be considered eligible to vote in the union election before …   

  • Vote Now and be Excluded Later

    Posted on February 20, 2014, Authored by Dean R. Dietrich, Filed under Employment

    Our recent blog talked about a proposed rule from the NLRB to establish new procedures for union elections. Known as the "quickie election" rule, it has been proposed by the NLRB for comment although there are strong indications that the rule will be adopted as proposed. One of the most significant aspects of the proposed new rule is how the NLRB …   

  • 25 Days or Less

    Posted on February 18, 2014, Authored by Dean R. Dietrich, Filed under Employment

    The notion of 25 days or less is the new watch word for the National Labor Relations Board and the proposed rules on "quickie elections." The NLRB has promulgated new rules that are subject to public comment which would expedite the union election process to be less than 25 days from the filing of a petition by a union seeking to represent employee…   

  • Treasury Department Delays Employer Mandate for Small Employers; Lower Threshold for Avoiding Penalties

    Posted on February 10, 2014, Authored by Mary Ellen Schill, Filed under Employment

    This afternoon the Treasury Department announced that employers with 50 or more full-time equivalent employees (FTEs), but less than 100 FTEs, will not have to comply with the employer mandate of the Affordable Care Act until 2016. The determination of whether an employer meets the small employer requirements for this purpose would be based on 2014…   

  • What Now? Is a Temporary Impairment Now Considered a Disability?

    Posted on February 5, 2014, Authored by Dean R. Dietrich, Filed under Employment

    Employers have always been told that an employee that suffers a temporary impairment or injury does not qualify as a disabled employee under the Americans with Disabilities Act. For example, an employee falling out of a deer stand and breaking his leg would not be considered disabled for purposes of an accommodation requirement under the Americans …   

  • Mom's Bucket List Request Leads to Lawsuit - Seventh Circuit Declares Daughter's Care of Dying Mother During Trip to Vegas is FMLA Protected

    Posted on February 3, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    Recently, the federal Court of Appeals for the Seventh Circuit (which covers Wisconsin), clarified that the FMLA applies when an employee requests leave so that she or he can provide physical and psychological care to a terminally ill parent while that parent is traveling away from home. In doing so, the Court disagreed with other federal courts …   

  • Interactive Process is a Must

    Posted on January 28, 2014, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision from the Seventh Circuit Court of Appeals (which covers Wisconsin) again emphasized the absolute necessity that an employer engage in an interactive process with an employee claiming a disability before making any decision regarding accommodations or continued employment by the employee. In reviewing a lower court's decision to g…