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Employment

  • 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 …   

  • Limited Right to Ask for Discontinuance of Dues Deductions

    Posted on January 10, 2017, Authored by Dean R. Dietrich, Filed under Employment

    A recent federal court decision in Madison has struck down a portion of the Right-to-Work law applicable to all employers in Wisconsin.  Under this decision by U.S. District Judge William Conley, the Court has issued a permanent injunction stopping employers from following the language in Section 111.06(1)(i) of the Wisconsin Statutes.  This provis…   

  • National Origin Discrimination – A New Frontier?

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

    Immigration law is said to be the next major debate in both state legislatures and Congress.  While that debate will focus on the rights of immigrants to gain legal status in our country, employers can anticipate many new issues arising under national origin discrimination. I wrote about this topic several weeks ago, but now see it being played ou…   

  • Reassignment to a Vacant Position Under the ADA: Eleventh Circuit Concludes the Best Candidate Gets the Job - But What About Wisconsin?

    Posted on December 22, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    Earlier this month, the United State's Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph's Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the transfer of a disabled employee into a vacant position without consideration of the qualifications of other candidates compe…   

  • Christmas Disability?

    Posted on December 21, 2016, Authored by Dean R. Dietrich, Filed under Employment

    I have written over the year regarding disability discrimination and the notion that an employer can be subject to a discrimination complaint under both state and federal law if the employer “perceives” an individual to be disabled and unable to perform the duties of his/her position.  I often wonder if the public “perceives” Santa Claus to be disa…   

  • 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…