Please be advised that contacting Ruder Ware by e-mail does not create an attorney-client relationship. If you contact the firm by e-mail with respect to a matter where the firm does not already represent you, any information which you disclose to us may not be regarded as privileged or confidential.


Accept   Cancel

Please be advised that contacting Ruder Ware by e-mail does not create an attorney-client relationship. If you contact the firm by e-mail with respect to a matter where the firm does not already represent you, any information which you disclose to us may not be regarded as privileged or confidential.


Accept   Cancel

PAL Login

linkedin.jpgyoutube.jpgvimeo.jpgtwitter_off.png View Ruder Ware

Employment

  • 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.   

  • Micro-Unions: Is This The Future?

    Posted on July 31, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    Two recent decisions by the National Labor Relations Board in the retail sector have again raised questions about the new concept of micro-unions. A micro-union is a union representing a small group of employees within a large employer. This phenomena has created a significant stir in the legal community because of the potential for a Compa…   

  • EEOC Issues Pregnancy Discrimination Guidelines - No Real Change for Wisconsin Employers

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

    In the last two weeks, the Equal Employment Opportunity Commission (EEOC) has issued an Enforcement Guidance document on pregnancy discrimination and related issues. This Guidance is a comprehensive statement by the EEOC on pregnancy discrimination and the duty of employers to provide accommodations to a pregnant employee. One of the most significa…   

  • Wisconsin Worker's Compensation Policy Favors Immunity

    Posted on July 21, 2014, Authored by Russell W. Wilson
    Russell W. Wilson
    Of Counsel
    Wausau Office
    , Filed under Employment

    The legal protection to employers in worker's compensation is immunity from lawsuits by employees. Please the check out the following link for a recent case that applies this principle. http://www.ruderware.com/legal-updates/wisconsin-workers-compensation-policy-favors-immunity-suit/   

  • Obesity as a Disability Under the ADA

    Posted on July 8, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    Recent court actions continue to support a claim that obesity is a covered disability. America's Car-Mart (Car-Mart) reached a mutual agreement to settle a claim brought by a former employee alleging that Car-Mart discharged him from his General Manager position because of his severe obesity and because his employer regarded him as being substantia…   

  • Contracted Employees: Will You Become a New Employer?

    Posted on July 7, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    Many companies use contracted employees to avoid the cost of human resources services and benefits. Under these arrangements, a company will hire another company to provide the employees that will do all or a portion of the production work for the business. This has become a popular way to manage human resources costs and benefits. The National Lab…   

  • Most Recent Final ACA Rules Address 90-Day Waiting Period: Getting Your Orientation

    Posted on July 7, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    Recently, the Departments of Labor, Health and Human Services, and Treasury, published final rules concerning the so-called "orientation" periods, which implicate the Affordable Care Act's ban on waiting periods exceeding 90 days. The final rules go into effect on August 25, 2014, and are applicable for plan years beginning on or after January 1, 2…   

  • When Was the Last Time You Dusted Off Your Non-Solicitation and Distribution Policy?

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

    Many employers, in an effort to improve workplace productivity, efficiency and safety, implement so-called "Solicitation and Distribution of Materials" policies. These policies generally prohibit non-work-related communications by employees during work time, as well as distribution of non-work-related materials in work areas [or distribution in non…   

  • Are Employment Application Questions About Convictions and Arrests Taboo?

    Posted on June 16, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    Recently, several businesses have asked me to carefully scrutinize their employment application forms for compliance with state and federal law. Interestingly, one question that consistently arises is whether employers in Wisconsin are permitted to ask questions about convictions and arrests within employment application forms. I have found that th…   

  • Stop Talking About Your Compensation - Not

    Posted on June 10, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    Many companies have a policy that prohibits employees from talking about their salary or benefits in order to avoid morale issues in the workplace. It is sometimes hard to enforce a policy like this, but companies believe it is important to make it clear that a discussion of salary that an employee receives is not acceptable in the workplace. Recen…   

  • Is Six Months Enough?

    Posted on June 6, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    A recent decision from the Tenth Circuit Court of Appeals has addressed the question whether a six-month leave of absence for a disabled employee is sufficient to satisfy the reasonable accommodation requirement. The Court of Appeals found that Kansas State University satisfied the reasonable accommodation requirements under the Rehabilitation Act …   

  • Watch Out - Protections Against Swearing at Boss

    Posted on June 4, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    The National Labor Relations Board continues to reach out to provide protection to employees. In a recent decision, the Board concluded that an outburst in the workplace by an employee was considered protected speech, because the employee did not explicitly threaten violence and did not act in a violent fashion. The employee did, in a raised voice,…