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Employment

  • Treasury Department Postpones ACA Employer Mandate To 2015

    Posted on July 2, 2013, Authored by Mary Ellen Schill
    Mary Ellen Schill
    Attorney
    Wausau Office
    , Filed under Employment

    The Treasury Department announced late Tuesday afternoon that it was delaying until 2015 the employer "shared responsibility" mandate, the Affordable Care Act mandate for large employers, until 2015. This means that employers with more than 50 full time equivalents will NOT be subject to penalties in 2014 for failing to offer coverage, or failing t…   

  • Is the NLRB Alive? Supreme Court Will Decide

    Posted on June 27, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    On Monday, the United State Supreme Court granted certiorari (meaning they have agreed to hear a case) on whether the appointments by President Obama in January 2012 to the National Labor Relations Board (NLRB) are valid appointments or improper application of the "between" session presidential appointment process. President Obama appointed two mem…   

  • How the DOMA Decision Affects Employee Benefit Plan Sponsors

    Posted on June 26, 2013, Authored by Mary Ellen Schill
    Mary Ellen Schill
    Attorney
    Wausau Office
    , Filed under Employment

    This morning, in a 5-4 decision, the United States Supreme Court ruled in United States v. Windsor that the federal Defense of Marriage Act (DOMA) is unconstitutional. On equal protection grounds, the Court held that if a state has recognized same sex marriages, then the federal government must honor those marriages with respect to federal benefits…   

  • Supreme Court Hands Employers Victory: Court Adopts Narrow Definition of "Supervisor" in Sex Harassment Cases

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

    Yesterday, the Supreme Court of the United States issued its long-awaited opinion in the Vance v. Ball State case (find a copy of the opinion here). The Court established the proper definition of "supervisor" under Title VII of the Civil Rights Act of 1964 (which governs, among other things, sexual harassment under federal law). The Court espoused …   

  • Walk-Off Home Run Beats Employer in the Bottom of the Ninth

    Posted on June 20, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    All sports fans know that in baseball, it is a critical advantage to be the home team. This is because the home team bats last in the ninth inning and has the last crack at hitting the game winning home run. A recent case in New York (Allen v. Chanel, Inc.) illustrated why it is just as important to for an employer to be the "home" team when dealin…   

  • Sorting Out the Federal Health Insurance Marketplace - Forum Provides Answers (and More Questions!)

    Posted on June 17, 2013, Authored by Mary Ellen Schill
    Mary Ellen Schill
    Attorney
    Wausau Office
    , Filed under Employment

    On Thursday evening June 13, I had the pleasure of participating in a public forum sponsored by the Wisconsin Institute for Public Policy and Service entitled, "Preparing for the Federal Health Insurance Marketplace: A View from Wisconsin." As one of three panelists, I was asked to talk about how employers large and small are preparing for the Mark…   

  • Is Coffee My Friend or My Foe?

    Posted on June 11, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    As a labor negotiator, I rely upon coffee to help me through the long days and long evenings that often occur when negotiating a new labor agreement. I have come to hold coffee in highest esteem as my best friend. I recently read that coffee may deter the chemicals that are responsible for memory loss although the tests have only been taken on the …   

  • Disabled Employee Must be Considered for Vacant Position

    Posted on June 5, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    Recent action by the United States Supreme Court has clarified the duty of accommodation that an employer must make under the Americans with Disabilities Act. The action of the U.S. Supreme Court was to deny review of a 7th Circuit Court of Appeals decision involving United Airlines. The 7th Circuit Court of Appeals decision held that a "reasonable…   

  • What's the Frequency Kenneth: How Often May Employers Solicit Updates from Employees on FMLA Leave?

    Posted on June 3, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    Recently, while paging through a set of "boilerplate," employer FMLA notification forms, I noticed a field/blank for employers to insert how frequently an employee seeking FMLA leave is to provide updates concerning return-to-work status. Believe it or not, my very next thought was about Dan Rathers' 1986 mugging and the R.E.M. song Rathers' muggin…   

  • Accommodation for Disabled Applicant?

    Posted on May 29, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    We are seeing more and more requests from an applicant to have some type of accommodation for the individual to be considered for a vacant position. The Equal Employment Opportunity Commission recently issued an informal letter to a public employer outlining the duties of an employer to make an accommodation for an applicant that suffers from a dis…   

  • Employee Personal Devices and Work-Related Risks: Trying to COPE

    Posted on May 23, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    BYOD (short for Bring Your Own Device) policies are all the rage these days. This is understandable given the ostensible BYOD benefits bounced around as conventional wisdom including, but not limited to: (1) organizational cost savings [BYOD proponents claim it's cheaper for companies if employees purchase their own smart phones]; (2) fostering a…   

  • Aggressive Investigation Strategies - EEOC

    Posted on May 21, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    The Equal Employment Opportunity Commission enforces federal laws relating to the employment relationship, particularly in the area of discrimination. The EEOC recently issued a new Strategic Enforcement Plan which gives employers a clear indication of what will be the focus of investigations by the EEOC. The EEOC said they have limited funds so t…   

  • Supreme Court to Decide Validity of NLRB Appointments

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

    President Obama has asked the United States Supreme Court to reverse a lower court decision and hold that the President's appointment of three members to the National Labor Relations Board (NLRB) was constitutional and proper. These appointments took place in January, 2012 at a time when the Congress was in a recess between sessions of Congress bu…   

  • Employers are NOT Required to Notify of Union Rights

    Posted on May 14, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

    A federal district court decision has struck down an administrative rule proposed by the National Labor Relations Board that would require all private sector employers to notify their employees of the right to join a union. The recent decision held that this rule was not lawful and constituted an unreasonable exercise of administrative rule-making …   

  • Employers Must Saddle Up: Organized Labor Has a New Trojan Horse

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

    This past month, the federal Occupational Safety and Health Administration (OSHA) caught the employer community off guard with an unexpected, union-friendly pronouncement, one that provides labor unions free reign to infiltrate non-union workplaces. On April 5, 2013, OSHA publicly announced [through a letter of interpretation/Standard Interpretati…