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Employment

  • Attendance at Work May Not Be An Essential Function of a Job

    Posted on July 30, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

    There have been a lot of court cases over the years that have acknowledged that attendance at work is a critical (and logical) essential function of someone’s job.  A recent decision by the Sixth Circuit Court of Appeals has raised a caution about this conclusion.  In its decision, the Court of Appeals reversed a summary judgement granted to Wooste…   

  • Employee Use of Company E-mail May be Protected from Company View

    Posted on July 25, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

    Companies have always taken the position that an employee’s use of company e-mail is not private, and can be accessed and reviewed by the company at any time.  There have been a large number of court cases, which have held that a company that has issued a policy, stating that private use of company e-mail is not confidential, will allow the company…   

  • Recent Decisions Support Requirements for Working Extra Hours

    Posted on July 2, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

    Several recent federal court decisions have reaffirmed the right of an employer to require an employee to work extra hours or rotating hours of work as a part of the normal duties of a position provided there is legitimate reason for such requirement.  In two cases, the federal courts have acknowledged that overtime can be considered an “essential …   

  • Yes, Employees Can Be Required to Behave Civilly and Reasonably

    Posted on June 22, 2018, Authored by Robert J. Reinertson
    Robert J. Reinertson
    Attorney
    Wausau Office
    , Filed under Employment

    The National Labor Relations Board (NLRB) is continuing to expand on its newfound flexibility toward employee handbook rules.  The NLRB’s General Counsel, Peter Robb, recently issued a memo defining in greater detail which types of handbook rules are acceptable and which will merit greater scrutiny.  Significantly, the memo instructs NLRB regional …   

  • 2019 HSA Contribution Limits Are Announced

    Posted on June 1, 2018, Authored by Mary Ellen Schill
    Mary Ellen Schill
    Attorney
    Wausau Office
    , Filed under Employment

    If it seems like the IRS just announced the 2018 limits, you are not mistaken.  Just over a month ago the IRS declared a do over for the 2018 limits, see The IRS Says Never Mind - You Can Have Your Higher HSA Limit!  With the arrival of 90 degree temperatures in Wisconsin, it is apparently time to think New Year’s Eve, and the new 2019 HSA limits! …   

  • "Ban the Box" Legislation Expands – What should Employers Do?

    Posted on May 21, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

    We have seen a recent expansion of “Ban the Box Legislation” which prevents employers from asking information about the arrest or conviction record of an applicant for a position.  Some legislation prevents employers from conducting criminal background checks on applicants until a final selection has been made and a final candidate is being conside…   

  • The IRS Says Never Mind – You Can Have Your Higher HSA Limit!

    Posted on April 30, 2018, Authored by Mary Ellen Schill
    Mary Ellen Schill
    Attorney
    Wausau Office
    , Filed under Employment

    I previously blogged about how unusual it was for the IRS to implement a retroactive change to a previously announced limit.  As you may remember, the $6,900 limit on HSA contributions for a taxpayer eligible for a family high deductible health plan (HDHP) previously announced May 4, 2017 was reduced on March 5, 2018 to $6,850, retroactive to Janua…   

  • Obesity as Perceived Disability

    Posted on March 9, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

    I recently did a blog about obesity as a disability under the Wisconsin Fair Employment Act.  I concluded that the condition of obesity did not automatically constitute a disability although courts could find that an employer discriminated against an obese person if it perceived the person to be adversely impacted by the obese condition and unable …   

  • Let’s Start Over – 2018 Health Savings Account Cost of Living Adjustments

    Posted on March 7, 2018, Authored by Mary Ellen Schill
    Mary Ellen Schill
    Attorney
    Wausau Office
    , Filed under Employment

    It is unusual for the IRS to implement a retroactive change to a previously announced limit (whether it be qualified plan limits or HSA limits).  Especially when the change is a reduction in the amount that taxpayers can save/contribute.  But who would disagree that 2018 has been a bit unusual.  On March 5, 2018 the IRS in Notice 2018-18 revised it…   

  • Obesity as a Disabling Condition in Wisconsin?

    Posted on March 6, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

    A recent decision from the State of California has held that obesity is considered a protected disability under California law if the condition of obesity is caused by a psychological condition.  This gave me pause to wonder whether obesity would be considered a disability under the Wisconsin Fair Employment Act. It appears there is really no clea…   

  • Employee Social Media and Employee Discipline – Caution

    Posted on February 20, 2018, Authored by Ruder Ware Attorneys, Filed under Employment

    A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page.  While companies have the right to protect their reputation and their business information, the way businesses monitor and possibly use private social media posts to dis…   

  • 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…   

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