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Employment

  • NLRB Blogs

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

    I have written a number of blogs regarding the position of the National Labor Relations Board relating to protected speech for employees.  The NLRB and its General Counsel have been very aggressive in concluding that the conduct of employees should be considered protected free speech and an employee may not be terminated for such conduct.  Rulings …   

  • What Does ADA Accessible Mean?

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

    In a recent blog, I wrote about the potential of litigation requiring a business to make its website ADA accessible.  I noted that it is still not clear what a business may be required to do under this legal argument.  A recent court decision in California has not clarified what a business may be required to do but it has certainly identified the h…   

  • Do Your Supervisors Actually Make Decisions?

    Posted on March 31, 2016, Authored by Dean R. Dietrich, Filed under Employment

    A recent decision of the Fourth Circuit Court of Appeals puts a spotlight on that question:  Do your supervisors exercise discretion when supervising others?  This question is important because the recent Court of Appeals decision held that several employees who were identified as supervisors actually did not exercise sufficient discretion to meet …   

  • Is Your Website Discriminatory?

    Posted on March 22, 2016, Authored by Dean R. Dietrich, Filed under Employment

    Yes, there have now been a number of lawsuits filed over whether or not a company’s website is accessible under the Americans With Disabilities Act.  In many of these cases, the Department of Justice has joined in the lawsuit seeking to enforce Title III of the Americans With Disabilities Act.  Companies are now considering whether or not they have…   

  • Disability Discrimination Lawsuits can be Expensive

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

    A recent settlement of a disability discrimination lawsuit against AT&T shows that a discrimination claim can be an expensive proposition.  AT&T settled a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission by paying $250,000 to the Commission and re-instating an employee.  The EEOC filed suit against AT…   

  • Christmas in July?

    Posted on March 18, 2016, Authored by Dean R. Dietrich, Filed under Employment

    I am afraid to report that many employees will be receiving a significant Christmas present in July.  The latest word is that the new FLSA regulations regarding exempt status will be issued in July and will be subject to a 60-day review period by Congress.  This means we will be faced with addressing the exempt status issue much sooner than anticip…   

  • Federal Court Upholds NLRB’s Decision that Picker Who Bickered is Protected Under the National Labor Relations Act

    Posted on March 14, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    Earlier this month, the federal U.S. Court of Appeals for the Seventh Circuit, which issues opinions that are controlling with respect to Wisconsin employers, determined that an employer’s decision to fire one of its workers violated the National Labor Relations Act.  The employer at issue in the case is a staffing company that provided contingent …   

  • Supreme Court of Wisconsin Opens a Can: Rules Against Hormel in Donning and Doffing Case

    Posted on March 2, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    On March 1, 2016, the Supreme Court of Wisconsin issued its opinion in UFCW Local 1473 v. Hormel Foods Corporation.  This is a pre-shift “donning” [putting on required clothes/equipment] and post-shift “doffing” [taking off required clothes/equipment] wage and hour case.  The workers and their union argued that time spent “donning” and “doffing” at…   

  • Federal Court Rejects NLRB’s Recently-Adopted Solicitation Standard, Criticizes NLRB’s Reasoning

    Posted on February 23, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    If you follow this blog, you may recall my post from November 26, 2014 Labor Unions Have Another Reason to Be Thankful: NLRB Serves Up Holiday Season Gift about the NLRB’s controversial decision in Conagra Foods, Inc., concerning the meaning of “solicitation” for purposes of the National Labor Relations Act.  Although the Conagra Foods, Inc. decisi…   

  • Thurmond Rule Will Impact High Court Employment and Labor Law Decisions in Aftermath of Justice Scalia’s Death

    Posted on February 17, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    In the aftermath of Supreme Court Justice Antonin Scalia’s recent death, many of my friends and colleagues have asked what Justice Scalia’s passing means to the future of significant employment and labor law cases.  First, Justice Scalia’s death means that it is likely that the Supreme Court will be deadlocked 4-4, along ideological lines, when tak…   

  • Joint Employer Status

    Posted on February 15, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    On February 3, 2016, in Crew One Productions, Inc. v. NLRB, the US Court of Appeals for the Eleventh Circuit [which issues opinions that impact businesses in Alabama, Florida and Georgia] concluded that the NLRB misapplied the law concerning whether two separate employers may be treated as a single, joint employer for union organizing purposes.   F…   

  • Employer’s Modification to Employee Handbook Break Policy Was Unfair Labor Practice

    Posted on February 11, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    Often [at least within my respective circles of friends and co-workers],the National Labor Relations Board (NLRB) is criticized for its polemics of ipse dixit—“it is so because we say it is so.”    Recently, one business advanced this same criticism through legally challenging the NLRB’s decision in federal appeals court.   On February 9, 2016, the…   

  • Company Websites May Tangle Up Employers in ADA Liability

    Posted on February 8, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    Does your company’s public business website create liability under the ADA?  The short, lawyerly, answer is—“it depends.”  Plaintiffs’ lawyers across the country are seizing upon Title III of the ADA [Places of Public Accommodation] as a basis for making threatening demands and filing lawsuits based on the claim that publicly-accessible business we…   

  • Will Employers Be Surprised in July?

    Posted on February 5, 2016, Authored by Dean R. Dietrich, Filed under Employment

    Recent statements from the Department of Labor Solicitor Patricia Smith have suggested that the new regulations being considered by the Department of Labor on the white collar exemptions from overtime will be published in July and become effective in September.  This is an earlier date than was originally hinted at by Solicitor Smith in prior state…   

  • NLRB Mails it In: Captive-Audience Speeches in Mail-Ballot Elections Now More Restrictive

    Posted on February 4, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    For most companies that have experienced a union organizing campaign, the concept of “captive audience” speeches on the eve of a manual, secret-ballot election is very familiar.  In this context, the National Labor Relations Board (“NLRB”) has long held that employers are generally prohibited from conducting massed captive-audience speeches within …