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

  • OSHA’s Final Rule Clarifying (and Confirming) the Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness

    Posted on December 20, 2016, Authored by Russell W. Wilson, Filed under Employment

    OSHA has always taken the position that the duty to record accurate and complete injuries and illnesses is a continuing duty.  OSHA concedes, however, “that its recordkeeping regulations were not clear with respect to the continuing nature of employers’ recordkeeping obligations.”  OSHA has now issued a Final Rule that clarifies the continuing natu…   

  • Automobile Dealerships and Part Suppliers: Unintended Consequences in Whistleblower Rules?

    Posted on December 15, 2016, Authored by Russell W. Wilson, Filed under Employment

    OSHA enforces laws that protect whistleblowers under 22 whistleblower statutes ranging from the Asbestos Hazard Emergency Response Act to the Wendell H. Ford Aviation Investment Reform Act for the 21st Century.  This article focuses on OSHA’s final rule under one of those statutes, the Moving Ahead for Progress in the 21st Century Act (“MAP-21”), a…   

  • 2017 IRS Standard Mileage Rates Reflect Steady Gasoline Prices

    Posted on December 13, 2016, Authored by Mary Ellen Schill, Filed under Employment

    On December 13, 2016 the IRS issued its standard mileage rates for 2017.  Details can be found here.  Each year (sometimes more frequently than that in times of price volatility) the IRS announces the standard mileage rates for determining the deductible cost for operating automobiles for various purposes, including business, medical, and charitabl…   

  • More Overtime or Not?

    Posted on December 13, 2016, Authored by Dean R. Dietrich, Filed under Employment

    The table is set for a fight over whether or not more employees will be eligible for overtime pay as a result of the Department of Labor regulation changing the qualifications to be an exempt employee.  President-Elect Trump has nominated Andrew Puzder to serve as Secretary of the Department of Labor.  He has made it clear that he opposes the chang…   

  • Perceived National Origin Discrimination Can be Pitfall for Employers

    Posted on December 12, 2016, Authored by Dean R. Dietrich, Filed under Employment

    I have always struggled with the notion of “perceived” discrimination and whether an employer has actually discriminated against an employee because they perceive the employee to be disabled or of a different national origin or something else.  The EEOC recently issued updated Enforcement Guidance on national origin discrimination and concluded tha…   

  • Federal Judge Refuses to Block New OSHA Anti-Retaliation Rule from Taking Effect Tomorrow

    Posted on November 30, 2016, Authored by Robert J. Reinertson, Filed under Employment

    A federal judge has refused to issue a preliminary injunction to block OSHA’s new anti-retaliation and discrimination rule from taking effect as scheduled.  This means that tomorrow, December 1, the rule prohibiting employers from retaliating or discriminating against employees for reporting workplace injuries and illnesses will take effect. Multi…   

  • Breaking News: Texas Judge Delays Overtime Rule!

    Posted on November 22, 2016, Authored by Sara J. Ackermann, Filed under Employment

    Late today, a Texas federal district court judge issued a ruling that DELAYS the Department of Labor’s proposed overtime rule that was set to go into effect on December 1.  This means that a hearing will be scheduled to determine whether or not the DOL exceeded its authority in issuing the Rule that would increase the salary threshold for white col…   

  • Breaking News: Judge Says He Will Issue Ruling on November 22 Regarding DOL Proposed OT Rule!

    Posted on November 17, 2016, Authored by Sara J. Ackermann, Filed under Employment

    As we reported recently, (see DOL Overtime Rule Update: Breaking News!!!!!) 21 States and multiple business groups have filed suit in the Eastern District of Texas seeking a delay in the implementation of the proposed OT rule set for December 1.   Yesterday, the judge assigned to that case advised the parties he will issue his ruling on November 22…   

  • Worker's Compensation: Opt Out in Wisconsin?

    Posted on November 7, 2016, Authored by Russell W. Wilson, Filed under Employment

    In 2014 Oklahoma enacted a radical change to its workers’ compensation statute, and on September 13, 2016, the Oklahoma Supreme Court held that it violates the state constitution. The case is Dillard’s, Inc. v. Vasquez, 2016 OK 89. Some version of the Oklahoma legislative plan might be considered by the Wisconsin Legislature. This article explores …   

  • Recent Disability Discrimination Cases Outline Employer Responsibilities

    Posted on November 4, 2016, Authored by Dean R. Dietrich, Filed under Employment

    Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation.  These decisions offer reminders for employers of the importance of recognizing potential disability claims and addressing them promptly. In the first decision, the Eigh…   

  • Tortious Interference with Contract/Employment Relationship/Truthfulness of Statements/Defense to Tort Claim

    Posted on November 2, 2016, Authored by Dean R. Dietrich, Filed under Employment

    A recent ruling from the Seventh Circuit Court of Appeals extended the notion of “truth as a defense” to a tortious interference with employment claim under Wisconsin law.  This establishes a sound defense to a claim by an employee against other employees that they have tortiously interfered with the employee’s contract for employment with a busine…   

  • IRS Announces 2017 Qualified Plan Limits; Pumpkin Spice Inexplicably Lacking

    Posted on October 27, 2016, Authored by Mary Ellen Schill, Filed under Employment

    Late each October, the IRS gets around to announcing the cost of living adjustments for qualified plans for the upcoming year.  This year was no exception, and here they are [Plan Limits].   Unlike last year, 2017 brings some increases to the limits, like the increase in the compensation limit (the maximum amount of compensation a plan can take int…   

  • NLRB Gives It the Old College Try – Again Hints that Athletes May Indeed Be Employees

    Posted on October 24, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    Labor and employment practitioners will undoubtedly recall the NLRB’s well-publicized foray last year into the ongoing public debate surrounding whether certain college athletes should be considered compensated employees—Northwestern University, 362 NLRB No. 167 (Aug. 17, 2015). Through Northwestern University, the Board punted—but left open—the su…   

  • Hairstyle Is Not a Protected Category but Sexual Orientation Likely Is

    Posted on September 20, 2016, Authored by Dean R. Dietrich, Filed under Employment

    Several recent decisions have opened the door to further scrutiny regarding discrimination and the basis for a finding of discriminatory conduct by an employer.  These decisions continue to show the volatility of discrimination claims and determinations of whether or not an employee can claim discrimination based on company actions. In one court d…   

  • Recognition of Same-Sex Marriage Officially the Tax Law of the Land

    Posted on September 1, 2016, Authored by Mary Ellen Schill, Filed under Employment

    Effective tomorrow, September 2, 2016, new IRS final regulations will take effect which provide that for federal tax purposes, the terms “spouse,” “husband,” and “wife” mean an individual lawfully married to another individual.  The terms “husband and wife” mean two individuals lawfully married to each other.  Lawful marriage means the marriage is …