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Employment

  • Reasonable Accommodation - The Most Difficult Employer Decision

    Posted on February 21, 2013, Authored by Dean R. Dietrich, Filed under Employment

    Deciding what is the best and most appropriate reasonable accommodation for an employee with a disability, is the most difficult judgment call that an employer has to make. Deciding how far to go when accommodating an employee with a disability is a matter of great concern to employers, but very little specific guidance is offered by the courts. S…   

  • Board Stiff: NLRB's Rigid Approach to Confidentiality and Non-Disparagement Language Now Applies to Private Employment Agreements

    Posted on February 15, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    I recently published the following article in the Chippewa Valley Society for Human Resource Management newsletter - hope you enjoy! Just when the business community thought the National Labor Relations Board's (Board) aggressive, union-friendly agenda could not get any worse (or more likely, hoped and prayed the Board's agenda would not get any w…   

  • An Accommodation to Religious Accommodation

    Posted on February 1, 2013, Authored by Mary Ellen Schill, Filed under Employment

    Today the various federal agencies responsible for providing guidance on the Affordable Care Act issued proposed rules which just might satisfy the objections of religious employers to ACA's contraception mandate. It seems like every day another lawsuit is filed objecting to ACA's requirement that contraceptives be included in the list of preventat…   

  • For Obama NLRB, Recess is Not as Fun as it Once Was: Federal Court Holds President's Recess Appointments to the NLRB are Unconstitutional

    Posted on January 30, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    On January 25, 2013, the federal D.C. Circuit Court of Appeals issued an opinion finding that President Obama's January 4, 2012 recess appointments to the National Labor Relations Board (Board) were unconstitutional (appointments made after the Senate began a new session on January 3, 2012 and while this session continued). The case is Noel Canning…   

  • NLRB Issues Another "DISH" appointing Social Media Decision

    Posted on January 25, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    In a rerun of a tired episode we've all seen before but wish to forget (e.g., like any episode of Three's Company, however, regrettably, there's a fan club), a National Labor Relations Board (Board) administrative law judge has once again determined that a company's social media policy is illegal this time, it was DISH Network's policy that violate…   

  • EEOC Not Candid about Cameras: Uncertainty About Risks of Video Interviewing Remains

    Posted on January 25, 2013, Authored by Dean R. Dietrich, Filed under Employment

    A recent letter from the Equal Employment Opportunity Commission refused to give any guidance on whether it would be acceptable for a company to use a video interview to select candidates for hire. The EEOC refers to a number of articles and advice given by the Agency on its webpage, but refuses to provide guidance on whether it would be acceptable…   

  • Cleanup In Aisle "Fore:" NLRB Likely To Use Roundy's Inc. Case to Wipe Away Bush-era Standard for Union Access to Employer E-Mail Systems.

    Posted on January 22, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    In 2007, the Bush-era Board (in a 3-2 vote) established a property-right based standard through which employee use of company-owned [including non-union companies] email systems for union solicitation may be restricted. Through the Register Guard decision, 351 NLRB No. 70 (December 16, 2007), the Board made clear that impermissible discrimination i…   

  • Legal Advice on a YouTube video? It happened.

    Posted on January 18, 2013, Authored by Dean R. Dietrich, Filed under Employment

    Something has happened in my law practice that has never happened before. I have given legal advice to a client based upon a YouTube video. Peter Davis, legal counsel for the Wisconsin Employment Relations Commission, was included in a video post on YouTube. In that video post, he indicated that public employers should calculate base wages and use…   

  • Conflicts of Interest when Representing a Family Business?

    Posted on January 15, 2013, Authored by Dean R. Dietrich, Filed under Employment

    I recently spoke at the State Bar Business and Real Estate Transactions Institute on the topic of conflicts of interest when representing a family held business. This is a very difficult area because of the potential for conflicts between the individual clients and the business entity. The representation is made even more difficult because the indi…   

  • Inaccurate Background Checks Lead to $2.6 Million Reality Check for One Company

    Posted on January 12, 2013, Authored by Russell W. Wilson, Filed under Employment

    Wow, the second largest civil penalty obtained by the Federal Trade Commission against a private company for violations of the Fair Credit Reporting Act caused me to take notice. Recently, the FTC for the first time charged an employment background screening firm with violating the federal Fair Credit Reporting Act (the federal law that governs "…   

  • Can You Require An Employee To Be At Work?

    Posted on January 9, 2013, Authored by Dean R. Dietrich, Filed under Employment

    I am often asked whether attendance at work can be considered an essential requirement of a particular job. Logic would suggest the answer to that question, but of course, court decisions would suggest differently. A recent decision by the 9th Circuit Court of Appeals related to an employee who suffered a serious medical condition that limited the…   

  • Federal Court is Asked to Hold Enforcement of Act 10 Order

    Posted on January 6, 2013, Authored by Dean R. Dietrich, Filed under Employment

    The Western Federal District Court, in a recent decision, held that several provisions of Wisconsin Act 10 were unconstitutional. The provisions included the section that required public unions to recertify every year by a majority vote of all employees eligible to vote to be in the union. The decision also struck down that provision of Wisconsin A…   

  • Denial of Facebook Access is a New Employment Law Issue

    Posted on January 3, 2013, Authored by Dean R. Dietrich, Filed under Employment

    A teacher's aide in Michigan was disciplined for not giving her Facebook password to her boss. The boss wanted to look at her Facebook page because a picture of her coworker had been posted to the employee's Facebook page. The refusal to provide the password formed the basis for disciplinary action against the employee. Personally, I am not excite…   

  • Time to Rethink Use of Credit Reports

    Posted on December 29, 2012, Authored by Dean R. Dietrich, Filed under Employment

    I read that Vermont was the 8th state to regulate the use of credit reports or credit-related information for doing background checks. It may be time to rethink the use of credit-related information for conducting background checks or making other employment decisions. Eight states have now passed legislation that regulates the use of credit-relate…   

  • NLRB Tells You What You Can Put in Your Policies

    Posted on December 26, 2012, Authored by Dean R. Dietrich, Filed under Employment

    Two recent decisions by the National Labor Relations Board again shows the intrusion of the Board into the business of running a company. In these decisions, the NLRB (by a 2-1 vote) held that an employer violated federal labor law by: Establishing a company policy that prohibited employees from disclosing confidential personnel information and …