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Employment

  • Seventh Circuit Affirms “Willful” OSHA Violation

    Posted on May 18, 2015, Authored by Russell W. Wilson, Filed under Employment

    The Seventh Circuit Court of Appeals has issued a decision that is interesting for its discussion and analysis of what a “willful” OSHA violation means. A worker for a precast concrete manufacturer fell into a sand bin in which he became engulfed up to his neck. Fortunately, he survived, but the complicated five hour rescue caused serious injuries.…   

  • Employer Waived the Exclusive Remedy Protection of Worker’s Compensation

    Posted on May 11, 2015, Authored by Russell W. Wilson, Filed under Employment

    The important protection that employers have under Wisconsin’s Worker’s Compensation Act is the exclusive remedy against employees for work-related accidents, conditions, or illnesses. While the employer enjoys near immunity from a civil suit, that protection can be waived. The Wisconsin Court of Appeals recently held that an employer had waived it…   

  • The Wide Expanse of the ADA

    Posted on May 8, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    A recent lawsuit filed in the federal district court for the Eastern District of Pennsylvania alleges that an employer violated the Americans with Disabilities Act (ADA) by terminating an employee who had a doctor-diagnosed sleep disorder. According to the filing, the disorder limits the hours of the day and night during which the employee is able …   

  • IRS Announces HSA Cost of Living Adjustments

    Posted on May 4, 2015, Authored by Mary Ellen Schill, Filed under Employment

    Each spring (or late winter for those of us lucky enough to be living in Wisconsin), the IRS adjusts the various maximums (and minimums) for health savings accounts for the upcoming calendar year. The tax code (Code Section 223 if you want to play along at home) provides for annual “cost of living” adjustments for some of the HSA limits. Interestin…   

  • Federal Court Applies Worker’s Compensation Exclusive Remedy to Asbestos Secondary Exposure Lawsuit

    Posted on April 20, 2015, Authored by Russell W. Wilson, Filed under Employment

    Plaintiffs in asbestos personal injury and wrongful death lawsuits often attempt to circumvent the exclusive remedy of worker’s compensation. The federal district court for the Western District of Wisconsin has recently applied Wisconsin’s exclusive remedy provision to dismiss a Wisconsin employer from an asbestos lawsuit brought by an employee. Th…   

  • Federal Court Says Working From Home is Not Automatic Accommodation

    Posted on April 15, 2015, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision by the Sixth Circuit Court of Appeals held that the Equal Employment Opportunity Commission failed in its claim that Ford Motor Company violated the Americans With Disabilities Act by failing to accommodate an employee with irritable bowel syndrome when the employee requested to work from home on four days of the work week.  The …   

  • New Day for Union Representation Elections

    Posted on April 14, 2015, Authored by Dean R. Dietrich, Filed under Employment

    Today is the day that the new “quickie election” regulations take effect. As of writing this blog, we have not heard of any legal challenge that has successfully stopped the new regulations from being implemented. Under the new regulations, a union representation election petition will be placed on a fast track for processing by the National Labor …   

  • Presidential Veto = Quickie Election Rules

    Posted on April 1, 2015, Authored by Dean R. Dietrich, Filed under Employment

    President Obama has vetoed the legislation passed by Congress that would prevent the implementation of the quickie election rules authored by the National Labor Relations Board. These new rules expedite the union representation election process and eliminate the right of an employer to engage in an effective campaign to convince employees that a un…   

  • Congress Tries to Stop Quickie Election Rules

    Posted on March 31, 2015, Authored by Dean R. Dietrich, Filed under Employment

    Action was taken by the United States Senate seeking to stop the implementation of the “quickie election” regulations scheduled to take effect in April. The Senate passed Senate Joint Resolution 8 to attempt to stall the implementation of these new Rules. While this is an effort that has support from the majority in the Senate and House of Represen…   

  • Interacting with the Public is a Disability?

    Posted on March 30, 2015, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision from the 4th Circuit Court of Appeals has opened the door for a lawsuit by an employee claiming that she suffered from a “social anxiety disorder” which impacted her ability to have personal interaction with others. In a decision involving the North Carolina Administrative Office of the Courts, an employee has claimed discriminati…   

  • Light-Duty for Pregnant Employees – The Story Continues

    Posted on March 27, 2015, Authored by Dean R. Dietrich, Filed under Employment

    On Wednesday, the United States Supreme Court overturned a decision from the 4th Circuit Court of Appeals that granted summary judgment to United Parcel Service dismissing a claim by an employee for pregnancy discrimination. The U.S. Supreme Court overturned the Court of Appeals decision and kept alive a claim by a pregnant employee that th…   

  • Quickie Election Rules Likely Veto of Legislation

    Posted on March 24, 2015, Authored by Dean R. Dietrich, Filed under Employment

    On March 19, the U.S. House of Representatives passed a resolution to block the National Labor Relations Board from implementing the “quickie election” (or “ambush election”) rule. This legislation was previously approved by the U.S. Senate and now goes to the President for consideration. It is likely the President will veto this legislation which …   

  • As Expected, Unions File Lawsuit to Challenge the Legality of Wisconsin’s Right-to-Work Law

    Posted on March 11, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    Yesterday, as expected, several labor unions filed suit in the Dane County Circuit Court, challenging the constitutionality of Wisconsin’s Right-to-Work Law [2015 Wisconsin Act 1]. A copy of the complaint filed by the labor unions is available here:  Right to Work Complaint for Declaratory and Injunctive Relief Recently, labor unions in Indiana un…   

  • “In Sickness and in Health…”: DOL Issues Final Rule Granting FMLA Rights to Married Same-Sex Couples

    Posted on March 10, 2015, Authored by Sara J. Ackermann, Filed under Employment

    In a win for same-sex married couples, the DOL has revised the FMLA so that employees in legal same-sex marriages can take FMLA leave to care for their spouse or family member, regardless of where they live. The regulation is effective March 27, 2015. For the full legal update, including a summary of what this means for Wisconsin employers, click h…   

  • Worker’s Compensation Death Benefits: 17-Year-Old Dairy Farm Worker Killed

    Posted on March 4, 2015, Authored by Russell W. Wilson, Filed under Employment

    This post describes the worker’s compensation aspect of a tragic death—a 17-year-old boy was crushed when he was caught between a gate and a building while herding cows, according to OSHA’s Fatality/Catastrophe Weekly Incident Reports (11/28/2010). The worker, Juan Camacho, had worked at his employer’s dairy farm in Clark County for about two weeks…