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

  • Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

    Posted on July 13, 2017, Authored by Russell W. Wilson, Filed under Employment

    Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here).  This bulwark has survived a creative attack in an asbestos case in Pecher v. Owens-Illinois, Inc. 859 F.3d 396 (2017), which was decided on June 6, 2017. The case involved …   

  • A Seemingly Important Win for Wisconsin Worker’s Compensation Insurance Carriers and Employers

    Posted on July 11, 2017, Authored by Russell W. Wilson, Filed under Employment

    On its face the decision of the Wisconsin Supreme Court in Flug v. LIRC, 2017 WI 72 (decided on June 30, 2017), is a clear, important win for the employer side in common injuries that involve pre-existing degenerative conditions.  The general circumstances presented in Flug are familiar.  In that case, a forty-three year old retail store supervisor…   

  • Joint Employer Status Rebuffed?

    Posted on June 14, 2017, Authored by Dean R. Dietrich, Filed under Employment

    Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be considered an employee of the hiring company.  The past Department of Labor issued various memos that indicated a crackdown on in…   

  • Protected Employee Must Notify Employer of Need for Time Off

    Posted on May 31, 2017, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision in the Northern District of California highlighted the importance of employers applying a consistent rule that employees must notify the employer if they are unable to report to work, even if the employee suffers from a disabling condition.  In a recent decision, the Federal Court Judge held that a Company properly terminated an e…   

  • Unemployment Benefits Cannot Be Denied Based on Eight Cash Transaction Inadvertent Errors Out of 80,000 Transactions in a 21-Month Period

    Posted on May 22, 2017, Authored by Russell W. Wilson, Filed under Employment

    The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well.  The case is Operton v. Labor and Industry Review Commission, 2017 WL 1743039.  In doing so the Supreme Court affirmed the ruling of the Wisconsin Court of Appeals, which…   

  • OSHA Extends Deadline for Electronically Submitting Worker Injury and Illness Records

    Posted on May 18, 2017, Authored by Robert J. Reinertson, Filed under Employment

    The Occupational Safety and Health Administration (OSHA) announced on May 17, 2017 that the deadline for employers with 250 and more employees to electronically submit information from their 2016 Form 300A to OSHA is being extended.  Under the electronic reporting rule that went into effect on January 1, 2017, the original deadline was to be July 1…   

  • One Racial Slur Constitutes Harassment?

    Posted on May 4, 2017, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision from the Second Circuit Court of Appeals in New York has again opened the door to questions about hostile work environment and racial harassment.  The particular question addressed in this court decision was whether one racial epitaph (use of the “n-word”) would support a claim for racial harassment and the creation of a hostile w…   

  • Seventh Circuit Court of Appeals Speaks Out on Employment Issues

    Posted on May 3, 2017, Authored by Dean R. Dietrich, Filed under Employment

    Several recent decisions by the Seventh Circuit Court of Appeals have set the tone for court decisions in the employment law field.  The Seventh Circuit Court of Appeals covers a number of states in the Midwest, including Wisconsin, so the rulings are important for Wisconsin employers up to a point.  The first decision involves sexual orientation.…   

  • Wisconsin Unemployment Insurance Benefits Upon Discharge for Absenteeism – the Employer’s Policy May Be More Generous, But Not More Restrictive, Than the Statutory Default

    Posted on March 21, 2017, Authored by Russell W. Wilson, Filed under Employment

    The Wisconsin Court of Appeals issued a decision in an unemployment insurance benefits case on March 8 that provides clarity where an employee is discharged for absenteeism.  The case is Wisconsin Department of Workforce Development v. Wisconsin Labor and Industry Review Commission, et al (2017 WL 946724).  In doing so the court of appeals describe…   

  • Are You a Joint Employer? Watch Out for Potential Liability

    Posted on March 13, 2017, Authored by Dean R. Dietrich, Filed under Employment

    Many businesses today use other entities to provide employees for their business operations.  This type of structure is often viewed as a good way for a company to avoid many of the pitfalls of being an employer under state and federal laws.  A recent court ruling has redefined what it means to be a joint employer and may cause companies to change …   

  • Harassment Discrimination Covers the Waterfront

    Posted on March 6, 2017, Authored by Dean R. Dietrich, Filed under Employment

    We have always been concerned about the extent to which employees or the Equal Employment Opportunity Commission (EEOC) could claim they were suffering from harassment in the workplace.  Recent guidance from the EEOC clarifies its position regarding the extent of the types of harassment that could occur and for which employers will be held responsi…   

  • Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

    Posted on March 2, 2017, Authored by Dean R. Dietrich, Filed under Employment

    One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work.  A good example is an employee who suffers from episodes of depression that affect the employee’s ability to come to work.  It is almost impossible to challenge that type of condition …   

  • Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit

    Posted on February 9, 2017, Authored by Russell W. Wilson, Filed under Employment

    On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the permit-required confined space entry standard.  In doing so the Seventh Circuit discussed imputed knowledge to the employer, fo…   

  • Asking for Current Salary in Application?

    Posted on January 27, 2017, Authored by Dean R. Dietrich, Filed under Employment

    The City of Philadelphia has passed legislation that prohibits an employer from asking for the current salary of an applicant being considered for employment with a public or private employer.  The theory behind this legislation is to prevent employers from excluding applicants who may be interested in a position even though the salary level of the…   

  • OSHA’s New Guidelines for Employer Anti-Retaliation Policies

    Posted on January 18, 2017, Authored by Robert J. Reinertson, Filed under Employment

    Most employers and employees know that the Occupational Safety and Health Administration (OSHA) is the federal agency charged with overseeing safety and health in U.S. workplaces.  Many are surprised, however, to learn OSHA is also responsible for enforcing 22 whistleblower protection statutes that don’t necessarily have anything to do with worker …