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Employment

  • Supreme Court to Decide Validity of NLRB Appointments

    Posted on May 16, 2013, Authored by Dean R. Dietrich, Filed under Employment

    President Obama has asked the United States Supreme Court to reverse a lower court decision and hold that the President's appointment of three members to the National Labor Relations Board (NLRB) was constitutional and proper. These appointments took place in January, 2012 at a time when the Congress was in a recess between sessions of Congress bu…   

  • Employers are NOT Required to Notify of Union Rights

    Posted on May 14, 2013, Authored by Dean R. Dietrich, Filed under Employment

    A federal district court decision has struck down an administrative rule proposed by the National Labor Relations Board that would require all private sector employers to notify their employees of the right to join a union. The recent decision held that this rule was not lawful and constituted an unreasonable exercise of administrative rule-making …   

  • Employers Must Saddle Up: Organized Labor Has a New Trojan Horse

    Posted on April 30, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    This past month, the federal Occupational Safety and Health Administration (OSHA) caught the employer community off guard with an unexpected, union-friendly pronouncement, one that provides labor unions free reign to infiltrate non-union workplaces. On April 5, 2013, OSHA publicly announced [through a letter of interpretation/Standard Interpretati…   

  • Subrogation Under ERISA

    Posted on April 25, 2013, Authored by Russell W. Wilson, Filed under Employment

    Mary Ellen Schill and I were talking about the e-alert that we posted April 19 on the right of reimbursement for self-insured group health plans under ERISA in light of the US Airways v. McCutcheon case decided by the U.S. Supreme Court on April 16. A couple of points caught our attention. The scope of reimbursement can be as broad as possible so l…   

  • Being At Work Is An Essential Job Function

    Posted on April 19, 2013, Authored by Dean R. Dietrich, Filed under Employment

    One of my colleagues recently wrote about an Eighth Circuit Court of Appeals ruling that determined whether an employee is disabled. That determination was based on the employee's ability to perform the essential functions of the job. Rather than considering the actual duties being performed by the employee, the Court looked to the job description …   

  • No Backup Plan Needed, Exchanges Will be Ready by October 1 Says HHS Secretary

    Posted on April 15, 2013, Authored by Mary Ellen Schill, Filed under Employment

    Last week I had the pleasure of talking Affordable Choice Act with human resource and benefits professionals in Madison and Wausau. From some of the questions I was fielding it was clear that there were some out there who doubted whether the federally facilitated exchanges will be operational by October 1, as required by the ACA. Wisconsin is one o…   

  • There's No Such Thing as a Free Lunch - Just Ask the Department of Labor

    Posted on April 12, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    A few days ago I was reading the Wall Street Journal and came across an interesting article about whether daily, fringe-benefit meals are taxable - a watered-down version of the article may be accessed here. Apparently (and probably not too surprising to most), the IRS is considering whether these free lunches are fringe benefits on which employees…   

  • Accurate Job Descriptions Key in ADA Case

    Posted on April 7, 2013, Authored by Kevin J.T. Terry, Filed under Employment

    The Eighth Circuit recently decided a case that stands for the notion that an employer's description of the essential functions of an employee's job, and not the employee's specific personal experience in the job, is critical in determining whether or not an employee is qualified for protection under the ADA. In Knutson v. Schwan's Home Service, I…   

  • Deaf Candidates are Entitled to Interpreter During Interview?

    Posted on March 26, 2013, Authored by Dean R. Dietrich, Filed under Employment

    The Equal Opportunity Employment Commission has filed a federal lawsuit against Toys "R"' Us alleging that the Company violated the Americans With Disabilities Act when it did not provide a sign language interpreter to a deaf applicant at a job interview. The EEOC alleges in the federal lawsuit that a Company of this size would not have an undue ha…   

  • DOL Plans to Take Final Action on Revised Persuader Rules: Employer Community Remains Unconvinced

    Posted on March 22, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    According to the federal Department of Labor (DOL), it plans to publish a final rule in April 2013 revising its so-called "persuader rules" under the Labor-Management Reporting and Disclosure Act. The "persuader rules" have long obligated employers to disclose, in writing, certain activities aimed at thwarting union organization tactics but only un…   

  • How Much Should You Get Paid for Getting Dressed in the Morning?

    Posted on March 20, 2013, Authored by Dean R. Dietrich, Filed under Employment

    The United States Supreme Court will be considering whether the time that an employee spends putting on and taking off work clothes is a compensable act which would require payment for time spent in that activity. A case involving employees of U.S. Steel Corp. has been accepted by the Supreme Court based on the issue of whether or not the time spen…   

  • Small Businesses can SHOP for Health Coverage Starting in 2014

    Posted on March 11, 2013, Authored by Mary Ellen Schill, Filed under Employment

    When I take my Affordable Care Act show on the road, usually my audience consists of human resources and benefits professionals who are looking for information they can take back to their workplace and the business owners. Last week I had the opportunity to meet with business owners directly when I gave a presentation on ACA to members of the Main …   

  • IRS Invites More Employers to Settle; Promises Process Will Not Open Pandora's Box

    Posted on March 6, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    On February 27, 2013, the IRS announced expanded eligibility for its Voluntary Classification Settlement Program (VCSP). As many employers recognize, the Obama administration has made misclassification of employees (misclassified as independent contractors) a priority enforcement objective. The VCSP is a program that permits employers (taxpayers) t…   

  • Who Is Really Running Your Business?

    Posted on March 1, 2013, Authored by Dean R. Dietrich, Filed under Employment

    Recent events at the state and federal level have again put in question who is really running businesses today. The National Labor Relations Board (NLRB) through various opinions and rulings, has said that any business, even if not unionized, may not take disciplinary action against an employee for certain types of statements made on social media, …   

  • Drafting Enforceable Agreements Presentation

    Posted on February 26, 2013, Authored by Sara J. Ackermann, Filed under Employment

    I recently presented "Restrictive Covenants in Employment: Drafting Enforceable Agreements" at the State Bar of Wisconsin PINNACLE® 2012 Health, Labor, and Employment Law Institute. A video of the presentation can be seen here on the State Bar of Wisconsin's website. Source: Jan. 16, 2013 issue of WisBar® InsideTrack, published by the State Bar o…