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Employment

  • Employer Must Make Clear Decision the First Time

    Posted on February 8, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

    A recent decision from the Fifth Circuit Court of Appeals has again emphasized the importance of an employer making the right decision regarding the handling of an employment matter at the very start and not changing the rationale for an employment decision throughout the handling of the employment matter or any subsequent litigation.  In this deci…   

  • Wisconsin Employers: Have You Had Your Non-Compete Agreements Reviewed Recently? Recent Court Case Invalidates Non-Solicitation Under WI law!

    Posted on January 30, 2018, Authored by Robert J. Reinertson
    Robert J. Reinertson
    Attorney
    Wausau Office
    , Filed under Employment

    What WI employers need to know:  Wisconsin employers must immediately revise their non-compete agreements so as to comply with this recent decision.  Contact Bob Reinertson, Mary Ellen Schill or Sara Ackermann of the Ruder Ware team to assist you!! The Wisconsin Supreme Court has ruled that an employee non-solicitation agreement is unenforceable i…   

  • Finding the Right Employee for Your Business

    Posted on January 29, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

    Employers today are struggling to fill vacant positions that are needed to meet customer needs.  The struggle is a combination of finding potential employees with the skills needed for the particular position and with the skills that make a good worker such as the ability to work in a team environment and use good communication skills and common co…   

  • Mental Health Disabilities – What to Do?

    Posted on January 18, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

    We are seeing a growth in disability claims based upon mental health conditions which is very troubling for employers because it is hard to understand whether an employee actually has a mental health condition and it is certainly hard to quantify how that condition impacts the performance of the employee.  A recent decision from the Seventh Circuit…   

  • Settling Discrimination Complaints in Wisconsin

    Posted on January 17, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

    A recent decision from the Wisconsin Labor and Industry Review Commission has placed a cloud over the settlement of discrimination complaints in Wisconsin.  The cloud may not be very dark, but it is a matter that needs to be considered by employers when they pursue an effort to settle a discrimination complaint brought by an employee. In the recen…   

  • What Does New Employee Handbook Standard Mean?

    Posted on January 12, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

    Attorney Bob Reinertson wrote recently about a decision of the National Labor Relations Board that significantly changed how the NLRB will review workplace policies and employee handbooks to determine whether they are in compliance with federal law.  The issue has always been that workplace policies (normally included in an employee handbook) may n…   

  • The NLRB Announces a Major Reversal on Employee Policies and Handbooks

    Posted on December 21, 2017, Authored by Robert J. Reinertson
    Robert J. Reinertson
    Attorney
    Wausau Office
    , Filed under Employment

    We have reported in blog articles and seminars in recent years on decisions by the National Labor Relations Board (NLRB) that invalidated employee policies and handbook provisions which sought, among other things, to promote workplace civility and reasonable behavior.  Last week the NLRB overturned the 2004 case that started that trend. In the 200…   

  • 2018 IRS Standard Mileage Rates Reflect Rising Fuel Prices

    Posted on December 15, 2017, Authored by Mary Ellen Schill
    Mary Ellen Schill
    Attorney
    Wausau Office
    , Filed under Employment

    The Internal Revenue Service has announced the optional standard mileage rates for computing the deductible cost of operating an automobile for business, medical, and moving expenses for 2018, and the increased rates reflect the increase in gasoline prices. Effective January 1, 2018, the optional standard mileage rates will increase to 54.5 cents p…   

  • Ageism in the Workplace?

    Posted on November 30, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

    There has been a lot of discussion lately about “ageism” in the workplace.  People are wondering what this means and what type of steps need to be taken by an employer to avoid age discrimination complaints. Ageism is the key word being used today to describe attitudes and behaviors in the workplace that reflect negatively on individuals over age …   

  • 2018 Qualified Plan Cost of Living Increases, 2018 Social Security Taxable Wage Base - Updated for New Taxable Wage Base

    Posted on November 29, 2017, Authored by Mary Ellen Schill
    Mary Ellen Schill
    Attorney
    Wausau Office
    , Filed under Employment

    The Social Security Administration has revised its earlier pronouncement on the Taxable Wage Base for 2018.  The Taxable Wage Base will now be $128,400, not $128,700.  We have updated this blog post post accordingly (original publish date October 27, 2017.) The Internal Revenue Service has announced the cost-of-living adjustments for the various …   

  • OSHA Extends 300A Electronic Reporting Deadline to December 15

    Posted on November 27, 2017, Authored by Robert J. Reinertson
    Robert J. Reinertson
    Attorney
    Wausau Office
    , Filed under Employment

    The Occupational and Safety Administration (OSHA) has announced the December 1, 2017 deadline for certain employers to electronically submit 300A injury and illness reports for 2016 has been extended by two weeks, to December 15, 2017. This deadline extension affects employers with 250 or more employees and employers with 20 to 249 employees in de…   

  • Extended Leave is an Accommodation – Maybe Not

    Posted on November 20, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

    As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an extended leave to a person with a disability who has exhausted their twelve weeks of federal medical leave.  The Seventh Circuit Co…   

  • Don’t Ask – Don’t Tell in Job Interview?

    Posted on November 16, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

    A number of states have passed legislation prohibiting an employer from asking a candidate for a new job about his or her salary history in other employment settings.  While such a law has not passed in the State of Wisconsin, there is clearly a ground swell of support for employers to stop asking salary history questions during a new employee inte…   

  • Seventh Circuit Court of Appeals – Super Human Resource Department?

    Posted on October 9, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

    The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers.  Recent court decisions have suggested that the Federal Court may be reconsidering that position.  There have been a number of employment law decision…   

  • EEOC Sues for Transgender Discrimination

    Posted on October 6, 2017, Authored by Ruder Ware Attorneys, Filed under Employment

    Recent action by the Equal Employment Opportunity Commission has raised the specter of whether transgender persons are considered protected under the federal discrimination laws.  The EEOC has sued a company in Denver that allegedly discriminated against a transgender man who applied for a position as manager.  This case addresses the question whet…