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Employment

  • Working from Home May Not be Automatic

    Posted on September 18, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    I wrote a blog a number of months ago about a federal Court of Appeals decision which strongly suggested that working from home would be a required reasonable accommodation in certain circumstances. A decision involving Ford Motor Company strongly suggested that the company would be required to allow an employee with irritable bowel syndrome to wor…   

  • EEOC Strikes Again

    Posted on September 17, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    I mentioned in a blog several weeks ago that summer was gone and the EEOC was embarking upon a renewed effort to "flex its muscles" and pursue claims designed to limit the rights of employers. The EEOC has acted again by bringing a lawsuit against a California company challenging the language in an employee information release form that gave the co…   

  • Decision on "Like" Facebook Protection is Appealed

    Posted on September 17, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    I recently blogged about a decision from the National Labor Relations Board holding that an action by a worker to "Like" a comment on Facebook about the poor conduct of a company was considered protected speech under the National Labor Relations Act. The NLRB found that the termination of an employee for "liking" a comment on Facebook was a violati…   

  • NFL on the Defensive: What Your Organization Can Learn From the Rice Incident

    If you are one of the 150 million Americans that tunes in to weekly NFL games, you know that the NFL is now under fire for how it handled the original investigation into the Ray Rice domestic violence allegations. Regardless of whether you follow football, you should check out my recent article, "NFL on the Defensive: What Your Organization Can Lea…   

  • Using "Like" on Facebook may be Protected Speech

    Posted on September 5, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    A recent decision from the National Labor Relations Board (August 25, 2014) held that an employee using the "Like" feature on a Facebook page to show support for comments by another employee about the conduct of the company payroll system constituted protected speech under the National Labor Relations Act. The Board held that the termination of the…   

  • English-Only Policies Under Scrutiny

    Posted on September 3, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    Some companies have adopted an English-only policy which requires that employees use English as the only language allowed in the workplace. This type of policy is often adopted for safety reasons to ensure that everyone understands what is being said in an emergency situation. Unfortunately, the adoption of an English-only policy can create liabili…   

  • Aggressive Conduct Toward Subordinate Places Sheriff in Jeopardy of Civil Suit Under Wisconsin Law

    Posted on September 2, 2014, Authored by Russell W. Wilson
    Russell W. Wilson
    Of Counsel
    Wausau Office
    , Filed under Employment

    Just how threatening and intimidating can a superior or co-employee act toward a subordinate or co-employee without incurring the risk of a civil lawsuit for damages under Wisconsin law? The federal district court in Madison faced that interesting question in a preliminary motion hearing. As a result, the lawsuit against the sheriff of Burnett Coun…   

  • Lazy Days of Summer are Gone - EEOC Files Lawsuits

    Posted on August 29, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    It appears the lazy days of summer have gone away. The Equal Employment Opportunity Commission (EEOC) recently filed two lawsuits showing its aggressive stance to "cleanup" its view of discrimination matters. One lawsuit involved discrimination under the Americans with Disabilities Act for being terminated when deciding not to participate in a well…   

  • Protecting Your Workplace May Be Getting Easier

    Posted on August 27, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    On numerous occasions, we have received a phone call from a client that goes something like this: "An employee has reported to human resources that their (family member/friend/acquaintance) has been engaging in harassing behavior that the employee is concerned may continue into the workplace. What can we do to protect the employees (or students), o…   

  • Update: Watch Out for NLRB Activism

    Posted on August 26, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    I recently attended an employment law seminar sponsored by the State Bar of Wisconsin. One of the presenters was the Officer in Charge of Sub region 30 of the National Labor Relations Board. In a very candid and open discussion, the Officer in Charge made it very clear that the activism of the National Labor Relations Board will be continuing and e…   

  • Duty to Accommodate Pre-Existing Conditions of an Employee?

    Posted on August 22, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    There has always been a question whether an employer is required to provide accommodations to an employee who has suffered an injury that impacts the employee's ability to work when the injury occurred before the employee was hired. These types of injuries are called pre-existing injuries or pre-existing conditions and many employers believe they d…   

  • Attention Deficit Disorder - Disability?

    Posted on August 20, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    I have always been concerned that attention deficit disorder would become a commonplace claim of a disability by employees, especially employees who are subject to disciplinary action. A recent decision from the 9th Circuit Court of Appeals gives employers some hope that attention deficit disorder (ADHD) will not automatically be considered a disab…   

  • New Decision - Same Result - Same Worry

    Posted on August 12, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    Another decision from the National Labor Relations Board has created the same worry for employers. An NLRB judge recently ruled that several portions of a company employee handbook restricted the rights of workers to organize and discuss their conditions of employment and found there was a violation of the Section 7 rights of the employees. In a de…   

  • Broad Confidentiality Rule - Violation of Employee Rights?

    Posted on August 11, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    A recent decision from the National Labor Relations Board has again highlighted the lengths to which the NLRB will go to seek out protection of employee rights under Section 7 of the National Labor Relations Act. This Section allows employees to communicate regarding union organizing activities and exchange information amongst employees regarding p…   

  • Third Party Settlements in Worker's Compensation

    Posted on August 1, 2014, Authored by Russell W. Wilson
    Russell W. Wilson
    Of Counsel
    Wausau Office
    , Filed under Employment

    When a worker's compensation insurance carrier settles a third party claim, the injured employee is bound by the settlement amount. The full story on the Wisconsin Supreme Court's decision announced on July 22 can be found here.