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Employment

  • 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…   

  • Right-to-Work Legislation and the Union “Free-Rider” Conundrum: The Rest of the Story

    Posted on February 27, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    This week, the Wisconsin State Senate passed the much maligned “right-to-work” bill—which now moves onto the State Assembly [and is anticipated to be signed into law by Governor Walker]. In reading about the controversial legislation, and talking to friends and colleagues about it too, I’ve repeatedly heard about one of the arguments agains…   

  • U.S. Supreme Court will Answer the Question of Who Must Give Notice of an Accommodation

    Posted on February 26, 2015, Authored by Dean R. Dietrich, Filed under Employment

    Yesterday, the United States Supreme Court heard oral argument in a religious discrimination case that asks the question whether an employee/applicant needs to request an accommodation of religious beliefs in order for an employer to be required to consider an accommodation. In this case, an applicant for a position with Abercrombie Fitch Stores, I…   

  • Court Decision Leaves Bad Taste in Mouth of Restaurant Company: Found Liable for Predecessor Company’s Workplace Retaliation

    Posted on February 18, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    We’ve all heard of the concept of “paying for the sins of our ancestors.” Well, in that same vein, the federal Seventh Circuit Court of Appeals [which presides over Wisconsin employers] recently concluded that a Wisconsin restaurant company is liable for its predecessor’s past act of workplace reprisal, in response to an employee’s complaint concer…   

  • Retaliation Claims are at the Top

    Posted on February 17, 2015, Authored by Dean R. Dietrich, Filed under Employment

    A recent report issued by the Equal Employment Opportunity Commission shows that retaliation claims are the largest number of claims that are brought to the EEOC for consideration. Sex discrimination claims rank second and disability discrimination claims rank third, but for the second year, retaliation claims are the most prevalent claims …   

  • A Quick Fix to the Quickie Election Rules?

    Posted on February 13, 2015, Authored by Dean R. Dietrich, Filed under Employment

    The United States Chamber of Commerce and several trade associations have filed a motion for summary judgment in a federal court in Washington D.C. seeking to overturn the “quickie election” rules recently adopted by the National Labor Relations Board. These rules are scheduled to go into effect on April 14 and are designed to create a very expedit…   

  • Wisconsin Court of Appeals Allows “Stacking” for Revision Prosthetic Procedures

    Posted on February 12, 2015, Authored by Russell W. Wilson, Filed under Employment

    The Wisconsin Court of Appeals issued its decision on February 4 in a consolidated appeal that allows permanent partial disability benefits to be “stacked” where revision prosthetic surgical procedures were necessary. The effect of the ruling is to double permanent partial disability benefits. Three workers had prostheses resulting from co…