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Employment

  • Waiting For The Affordable Care Act Marketplace To Open

    Posted on July 25, 2013, Authored by Mary Ellen Schill, Filed under Employment

    Late last month I returned to the scene of an earlier crime (October 2012) and once again met with employer-members of the Eau Claire Area Chamber of Commerce to talk about the Affordable Care Act and the October 1 opening of the Marketplace (formerly known as the Exchange). I think it is safe to say that both me and my audience had grown a little …   

  • One-Year Delay for Pay or Play Does Not Affect October 1 Opening of the Marketplace (Maybe)!

    Posted on July 22, 2013, Authored by Mary Ellen Schill, Filed under Employment

    The Obama Administration's announcement of the one year delay for the employer shared responsibility requirements (the "pay or play" mandate) did not directly impact the October 1 opening of the health insurance exchanges (now known as the Marketplace). Last month I had the opportunity to sit on a panel at a public forum here in Wausau which discus…   

  • Must You Accommodate the Bored Worker?

    Posted on July 3, 2013, Authored by Dean R. Dietrich, Filed under Employment

    I wrote several weeks ago about the changes made to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) and the suggestion that caffeine withdrawal was now a disability that required some level of accommodation from an employer. Another change is the recognition of Autism Spectrum Disorder (ASD) as a new disability. This diagnosis inc…   

  • Treasury Department Postpones ACA Employer Mandate To 2015

    Posted on July 2, 2013, Authored by Mary Ellen Schill, Filed under Employment

    The Treasury Department announced late Tuesday afternoon that it was delaying until 2015 the employer "shared responsibility" mandate, the Affordable Care Act mandate for large employers, until 2015. This means that employers with more than 50 full time equivalents will NOT be subject to penalties in 2014 for failing to offer coverage, or failing t…   

  • Is the NLRB Alive? Supreme Court Will Decide

    Posted on June 27, 2013, Authored by Dean R. Dietrich, Filed under Employment

    On Monday, the United State Supreme Court granted certiorari (meaning they have agreed to hear a case) on whether the appointments by President Obama in January 2012 to the National Labor Relations Board (NLRB) are valid appointments or improper application of the "between" session presidential appointment process. President Obama appointed two mem…   

  • How the DOMA Decision Affects Employee Benefit Plan Sponsors

    Posted on June 26, 2013, Authored by Mary Ellen Schill, Filed under Employment

    This morning, in a 5-4 decision, the United States Supreme Court ruled in United States v. Windsor that the federal Defense of Marriage Act (DOMA) is unconstitutional. On equal protection grounds, the Court held that if a state has recognized same sex marriages, then the federal government must honor those marriages with respect to federal benefits…   

  • Supreme Court Hands Employers Victory: Court Adopts Narrow Definition of "Supervisor" in Sex Harassment Cases

    Posted on June 25, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    Yesterday, the Supreme Court of the United States issued its long-awaited opinion in the Vance v. Ball State case (find a copy of the opinion here). The Court established the proper definition of "supervisor" under Title VII of the Civil Rights Act of 1964 (which governs, among other things, sexual harassment under federal law). The Court espoused …   

  • Walk-Off Home Run Beats Employer in the Bottom of the Ninth

    Posted on June 20, 2013, Authored by Kevin J.T. Terry, Filed under Employment

    All sports fans know that in baseball, it is a critical advantage to be the home team. This is because the home team bats last in the ninth inning and has the last crack at hitting the game winning home run. A recent case in New York (Allen v. Chanel, Inc.) illustrated why it is just as important to for an employer to be the "home" team when dealin…   

  • Sorting Out the Federal Health Insurance Marketplace - Forum Provides Answers (and More Questions!)

    Posted on June 17, 2013, Authored by Mary Ellen Schill, Filed under Employment

    On Thursday evening June 13, I had the pleasure of participating in a public forum sponsored by the Wisconsin Institute for Public Policy and Service entitled, "Preparing for the Federal Health Insurance Marketplace: A View from Wisconsin." As one of three panelists, I was asked to talk about how employers large and small are preparing for the Mark…   

  • Is Coffee My Friend or My Foe?

    Posted on June 11, 2013, Authored by Dean R. Dietrich, Filed under Employment

    As a labor negotiator, I rely upon coffee to help me through the long days and long evenings that often occur when negotiating a new labor agreement. I have come to hold coffee in highest esteem as my best friend. I recently read that coffee may deter the chemicals that are responsible for memory loss although the tests have only been taken on the …   

  • Disabled Employee Must be Considered for Vacant Position

    Posted on June 5, 2013, Authored by Dean R. Dietrich, Filed under Employment

    Recent action by the United States Supreme Court has clarified the duty of accommodation that an employer must make under the Americans with Disabilities Act. The action of the U.S. Supreme Court was to deny review of a 7th Circuit Court of Appeals decision involving United Airlines. The 7th Circuit Court of Appeals decision held that a "reasonable…   

  • What's the Frequency Kenneth: How Often May Employers Solicit Updates from Employees on FMLA Leave?

    Posted on June 3, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    Recently, while paging through a set of "boilerplate," employer FMLA notification forms, I noticed a field/blank for employers to insert how frequently an employee seeking FMLA leave is to provide updates concerning return-to-work status. Believe it or not, my very next thought was about Dan Rathers' 1986 mugging and the R.E.M. song Rathers' muggin…   

  • Accommodation for Disabled Applicant?

    Posted on May 29, 2013, Authored by Dean R. Dietrich, Filed under Employment

    We are seeing more and more requests from an applicant to have some type of accommodation for the individual to be considered for a vacant position. The Equal Employment Opportunity Commission recently issued an informal letter to a public employer outlining the duties of an employer to make an accommodation for an applicant that suffers from a dis…   

  • Employee Personal Devices and Work-Related Risks: Trying to COPE

    Posted on May 23, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    BYOD (short for Bring Your Own Device) policies are all the rage these days. This is understandable given the ostensible BYOD benefits bounced around as conventional wisdom including, but not limited to: (1) organizational cost savings [BYOD proponents claim it's cheaper for companies if employees purchase their own smart phones]; (2) fostering a…   

  • Aggressive Investigation Strategies - EEOC

    Posted on May 21, 2013, Authored by Dean R. Dietrich, Filed under Employment

    The Equal Employment Opportunity Commission enforces federal laws relating to the employment relationship, particularly in the area of discrimination. The EEOC recently issued a new Strategic Enforcement Plan which gives employers a clear indication of what will be the focus of investigations by the EEOC. The EEOC said they have limited funds so t…