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Employment

  • 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…   

  • Reasonable Accommodation - The Most Difficult Employer Decision

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

    Deciding what is the best and most appropriate reasonable accommodation for an employee with a disability, is the most difficult judgment call that an employer has to make. Deciding how far to go when accommodating an employee with a disability is a matter of great concern to employers, but very little specific guidance is offered by the courts. S…   

  • Board Stiff: NLRB's Rigid Approach to Confidentiality and Non-Disparagement Language Now Applies to Private Employment Agreements

    Posted on February 15, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    I recently published the following article in the Chippewa Valley Society for Human Resource Management newsletter - hope you enjoy! Just when the business community thought the National Labor Relations Board's (Board) aggressive, union-friendly agenda could not get any worse (or more likely, hoped and prayed the Board's agenda would not get any w…   

  • An Accommodation to Religious Accommodation

    Posted on February 1, 2013, Authored by Mary Ellen Schill, Filed under Employment

    Today the various federal agencies responsible for providing guidance on the Affordable Care Act issued proposed rules which just might satisfy the objections of religious employers to ACA's contraception mandate. It seems like every day another lawsuit is filed objecting to ACA's requirement that contraceptives be included in the list of preventat…   

  • For Obama NLRB, Recess is Not as Fun as it Once Was: Federal Court Holds President's Recess Appointments to the NLRB are Unconstitutional

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

    On January 25, 2013, the federal D.C. Circuit Court of Appeals issued an opinion finding that President Obama's January 4, 2012 recess appointments to the National Labor Relations Board (Board) were unconstitutional (appointments made after the Senate began a new session on January 3, 2012 and while this session continued). The case is Noel Canning…   

  • NLRB Issues Another "DISH" appointing Social Media Decision

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

    In a rerun of a tired episode we've all seen before but wish to forget (e.g., like any episode of Three's Company, however, regrettably, there's a fan club), a National Labor Relations Board (Board) administrative law judge has once again determined that a company's social media policy is illegal this time, it was DISH Network's policy that violate…   

  • EEOC Not Candid about Cameras: Uncertainty About Risks of Video Interviewing Remains

    Posted on January 25, 2013, Authored by Dean R. Dietrich, Filed under Employment

    A recent letter from the Equal Employment Opportunity Commission refused to give any guidance on whether it would be acceptable for a company to use a video interview to select candidates for hire. The EEOC refers to a number of articles and advice given by the Agency on its webpage, but refuses to provide guidance on whether it would be acceptable…   

  • Cleanup In Aisle "Fore:" NLRB Likely To Use Roundy's Inc. Case to Wipe Away Bush-era Standard for Union Access to Employer E-Mail Systems.

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

    In 2007, the Bush-era Board (in a 3-2 vote) established a property-right based standard through which employee use of company-owned [including non-union companies] email systems for union solicitation may be restricted. Through the Register Guard decision, 351 NLRB No. 70 (December 16, 2007), the Board made clear that impermissible discrimination i…