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Employment

  • Turn Over the Voter List - You Have No Choice

    Posted on February 21, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    We have written about the proposed "quickie election" rule being considered by the National Labor Relations Board which is designed to expedite a union election proceeding. Another element of the proposed Rule requires the employer to turn over a list of all individuals (names) that would be considered eligible to vote in the union election before …   

  • Vote Now and be Excluded Later

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

    Our recent blog talked about a proposed rule from the NLRB to establish new procedures for union elections. Known as the "quickie election" rule, it has been proposed by the NLRB for comment although there are strong indications that the rule will be adopted as proposed. One of the most significant aspects of the proposed new rule is how the NLRB …   

  • 25 Days or Less

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

    The notion of 25 days or less is the new watch word for the National Labor Relations Board and the proposed rules on "quickie elections." The NLRB has promulgated new rules that are subject to public comment which would expedite the union election process to be less than 25 days from the filing of a petition by a union seeking to represent employee…   

  • Treasury Department Delays Employer Mandate for Small Employers; Lower Threshold for Avoiding Penalties

    Posted on February 10, 2014, Authored by Mary Ellen Schill
    Mary Ellen Schill
    Attorney
    Wausau Office
    , Filed under Employment

    This afternoon the Treasury Department announced that employers with 50 or more full-time equivalent employees (FTEs), but less than 100 FTEs, will not have to comply with the employer mandate of the Affordable Care Act until 2016. The determination of whether an employer meets the small employer requirements for this purpose would be based on 2014…   

  • What Now? Is a Temporary Impairment Now Considered a Disability?

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

    Employers have always been told that an employee that suffers a temporary impairment or injury does not qualify as a disabled employee under the Americans with Disabilities Act. For example, an employee falling out of a deer stand and breaking his leg would not be considered disabled for purposes of an accommodation requirement under the Americans …   

  • Mom's Bucket List Request Leads to Lawsuit - Seventh Circuit Declares Daughter's Care of Dying Mother During Trip to Vegas is FMLA Protected

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

    Recently, the federal Court of Appeals for the Seventh Circuit (which covers Wisconsin), clarified that the FMLA applies when an employee requests leave so that she or he can provide physical and psychological care to a terminally ill parent while that parent is traveling away from home. In doing so, the Court disagreed with other federal courts …   

  • Interactive Process is a Must

    Posted on January 28, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    A recent decision from the Seventh Circuit Court of Appeals (which covers Wisconsin) again emphasized the absolute necessity that an employer engage in an interactive process with an employee claiming a disability before making any decision regarding accommodations or continued employment by the employee. In reviewing a lower court's decision to g…   

  • Light Duty Only for Work-Related Injuries  Pregnancy Discrimination?

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

    Many employers have adopted a light duty policy that only applies for an employee that suffers an on-the-job injury. The theory is to allow light duty for work-related injuries in order to encourage an injured employee to return to regular duty. Such a policy of only giving light duty to work-related injured employees has often been questioned as b…   

  • Minnesota Joins Other States in Protecting Applicant Information

    Posted on January 13, 2014, Authored by Ruder Ware Attorneys, Filed under Employment

    As of January 1, 2014, employers in Minnesota may not ask an employee for information about their criminal background in the employment application process. This is known as "Ban-the-Box" law which has been passed in seven states, and similar laws are pending in 26 other states. The law prohibits employers from having a question on their employment…   

  • Asking Questions of a Disabled Applicant

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

    One of the most challenging situations faced by an employer is deciding whether or not to question an applicant about their condition when it is obvious the applicant suffers from some type of disabling condition (i.e. applicant arrives in a wheelchair or uses crutches). Employers are afraid to ask questions that could be used to support a claim th…   

  • Traveling to Work - New Employer Liability

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

    Employers understand they may be liable for employee injuries that arise while an employee is reporting to work, such as an automobile accident on the way to work or an injury when walking into the company premises from the parking lot. These potential areas of liability arise from the worker's compensation statute in the state of Wisconsin that pr…   

  • Happy New Year (?)

    Posted on December 31, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    This is the time of year that we say "thank you" and "best wishes" to all. On behalf of Ruder Ware, I want to thank all of our clients for the confidence they have shown in our representation. I also want to thank all of the human resource professionals who have spent the year working hard to ensure the success of their organizations and helping em…   

  • NLRB's New Top Attorney Threatens to Overturn Employer-Friendly E-Mail Decision

    Posted on December 18, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    Last week, the NLRB's (Board) newly-confirmed top lawyer, Richard Griffin, publicly commented that if given an opportunity (in other words, if the right case came along), he would attempt to overturn the employer-friendly, Bush-Era Board decision upholding an employer's right to prohibit employee use of company e-mail systems for union solicitation…   

  • Arbitrate Your Employment Disputes?

    Posted on December 17, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    A recent decision from the 5th Circuit Court of Appeals overturned a ruling from the NLRB and held that an agreement between an employer and employee that provided for arbitration of any disputes (including class-action claims) was valid and did not violate the employees right to pursue collective action to complain about an issue in the workplace…   

  • Are Quickie Elections Coming in 2014?

    Posted on December 16, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    A recent action by the National Labor Relations Board (NLRB) has signaled that a new rule on "quickie" elections will be up for debate (and likely passage) in 2014. Several days ago, the NLRB voluntarily dismissed the appeal of a federal District Court decision which held that the Board's expedited representation election process was invalid becaus…