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Employment

  • NLRB to Unionized Employers - Hiring Permanent Strike Replacements is Not Always Lawful and Motive Now Matters

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

    It is well settled that once a union exercises its weapon to engage in an economic strike, an employer is empowered to continue its business operations through hiring of permanent strike-replacement employees.  Whether a strike-replacement employee is “permanent” for the purposes of the National Labor Relations Act involves a fairly technical analy…   

  • Today the DOL Announced its Long-awaited Final Rule!

    Today the Department of Labor (DOL) announced its long-awaited rule expanding overtime protection for employees.  Attorney Sara Ackermann wrote a short legal update detailing the highlights.  In addition, the update contains a link to the DOL’s resource page.   

  • Assigning Bathrooms – Reasonable Accommodation?

    Posted on May 12, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    There has been a great deal of media coverage regarding how to accommodate a transgender employees’ use of bathrooms.  Logic suggests that maintaining private bathrooms that would be available to any employee would be the most reasonable way to address this situation in the workplace.  A 2015 decision in a case brought by the Equal Employment Oppo…   

  • NLRB Judge Trumps Casino’s Employee Handbook E-Mail Policy

    Posted on May 9, 2016, Authored by Ruder Ware Attorneys, Filed under Employment

    Last week, an administrative law judge for the National Labor Relations Board concluded that Rio All-Suites Hotel and Casino’s (“Rio”) employee handbook policy addressing “Use of Company Systems, Equipment, and Resources,” violated the National Labor Relations Act.   The case is Ceasars Entertainment Corporation, No. 28-CA-060841.   In Ceasars, the…   

  • IRS Announces HSA Cost of Living Adjustments for 2017

    Posted on May 2, 2016, Authored by Mary Ellen Schill
    Mary Ellen Schill
    Attorney
    Wausau Office
    , Filed under Employment

    Late last week the IRS announced its adjustments to the health savings account limits for 2017.  These limits are adjusted annually by the IRS for “cost of living.”  Since the IRS rules for cost of living adjustments provide that adjustments are only made in $50 increments, and even then only if rounding to the nearest multiple of $50 results in an…   

  • Repeated Inadvertent Errors Do Not Constitute “Substantial Fault” For Unemployment Insurance (Or For Worker’s Compensation)

    Posted on April 25, 2016, Authored by Russell W. Wilson
    Russell W. Wilson
    Of Counsel
    Wausau Office
    , Filed under Employment

    “Substantial fault” is a new concept that may determine whether a terminated employee is eligible for unemployment insurance benefits.  In 2013 the Wisconsin Legislature amended the unemployment insurance eligibility statute to create “substantial fault” as a basis to deny benefits; the new law took effect on January 5, 2014.  On April 14, 2016, th…   

  • Is Obesity a Disabling Condition?

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

    A recent decision from the 8th Circuit Court of Appeals addressed whether obesity automatically qualifies as a disability under the Americans with Disabilities Act.  In a decision filed by an applicant for employment who was ultimately denied employment because of his severe weight and body mass index, the Court of Appeals held that obesity (in and…   

  • NLRB Blogs

    Posted on April 13, 2016, Authored by Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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 Ruder Ware Attorneys, 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…