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Employment

  • Strength Exam May Cause Discrimination Complaint

    Posted on October 20, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    A recent news article reported that a trucking company has settled an age and sex discrimination charge filed by the Equal Employment Opportunity Commission over a strength exam that it used when hiring drivers for its business.  The EEOC claimed that the strength test mandated by the company for truck driver applicants supported a claim for age an…   

  • Grievance Award: Missed Staff Meeting Results in Suspension

    Posted on October 19, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    In a grievance arbitration case, an employee of sixteen years, with no prior record of discipline,  missed a mandatory one-hour staff meeting at work.  Following an investigation, the private company suspended the employee for three days without pay.  The union grieved and a hearing was conducted before a staff arbitrator with the WERC.  The arbitr…   

  • Beware of Past Practice Clauses in Collective Bargaining Agreements

    Posted on October 15, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    Last month, a staff arbitrator with the Wisconsin Employment Relations Commission (WERC) issued a grievance decision interpreting certain language in a collective bargaining agreement regarding past practices.  The WERC is a Wisconsin state agency responsible for the oversight and enforcement of the state’s public and private sector labor laws, inc…   

  • Comparative MRIs Support IME Opinion

    Posted on October 13, 2015, Authored by Russell W. Wilson
    Russell W. Wilson
    Of Counsel
    Wausau Office
    , Filed under Employment

    The Wisconsin Court of Appeals has affirmed a Labor and Industry Review Commission (LIRC) decision that denied additional benefits for an initially conceded injury based on the independent medical examiner’s (IME) review of comparative MRIs.  David Dollar had pre-existing degenerative joint disease, as confirmed by a 2009 MRI.  On June 23, 2011, wh…   

  • Caveat Emptor: Labor Board Judge Gives Would-Be Buyers of Union Companies Reason to Beware

    Posted on October 5, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    Recently, one of the National Labor Relations Board’s administrative law judges (“ALJ”) issued a decision that reminds would-be purchasers of unionized companies to proceed with caution before taking the plunge.  The case is Riccelli Enterprises, Inc., available here: Riccelli Decision.   In Riccelli Enterprises, Inc., the ALJ was called upon to de…   

  • Electronic Signatures Expedite Union Election Petition

    Posted on September 9, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    A recent pronouncement by General Counsel of the National Labor Relations Board has indicated that electronic signatures will be accepted on a union election petition filed with the NLRB.  This clarification allows the union election process to be expedited to be even quicker than originally thought under the new “quickie election” rules promulgate…   

  • Discrimination Claim Over Hiring Process Settled

    Posted on August 31, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    Target Corporation has agreed to pay $2.8 million to settle charges filed by the Equal Employment Opportunity Commission (EEOC) alleging that the hiring process used for certain professional positions disproportionately screened out applicants based on race and gender.  Target Corporation paid this settlement without admitting liability based upon …   

  • NLRB Rebuffed Again

    Posted on August 27, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    The NLRB has again been rebuffed by the federal Court of Appeals in its pursuit of charges against employers for terminating employees due to the exercise of their protected speech rights.  In a recent decision from the Eighth Circuit Court of Appeals, the Court of Appeals found (albeit in a split decision) that the NLRB failed to prove that a comp…   

  • Disabling Condition? Protected Conduct?

    Posted on August 10, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    Two recent court decisions have opened the door for continued scrutiny on whether or not an individual is protected under the Americans With Disabilities Act.  In a Nebraska Federal Court case, the District Court held that an employee was not protected because of her severe obesity but this case is on appeal to the 8th Circuit Court of Appeals.  In…   

  • The Quickie Elections Survive all Court Challenges

    Posted on August 5, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    The quickie election rule adopted by the National Labor Relations Board has survived the first stages of legal challenge as a Washington D.C. Federal District Court has found that the election rules do not violate protected rights of employers.  Because of this, employers will continue to see increases in union election petitions filed by local uni…   

  • Court of Appeals Applies “Common Sense” to NLRB Decisions

    Posted on July 29, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    Two recent decisions by the DC Circuit Court of Appeals (DC Circuit) have overturned National Labor Relations Board (NLRB) decisions and applied “common sense” in reviewing decisions from the Board.  In both the decisions, the DC Circuit overturned a decision by the NLRB that found an employer to have committed unfair labor practices by the manner …   

  • The DOL Has Had a Busy Summer!

    The DOL has had a busy summer!  From proposed overtime rules to independent misclassification warnings, the prudent employer should take notice.  For more information, see my two recent legal updates: Hey Employers! The DOL is Watching - Are Your Workers Properly Classified?, and What is the Overtime Proposal and Why Should I Care?   

  • Warning: Independent Contractors May Be Employees

    Posted on July 22, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    The Administrator of the US Department of Labor has issued guidance on determining whether an individual is an independent contractor or an employee of a company.  This Interpretive Guidance goes a long way to declaring that the Department of Labor will be aggressively reviewing determinations of independent contractor status by a company and will …   

  • Fairly Debatable IME Report Defeats Bad Faith Claim in Worker’s Compensation

    Posted on July 6, 2015, Authored by Russell W. Wilson
    Russell W. Wilson
    Of Counsel
    Wausau Office
    , Filed under Employment

    This scenario in worker’s compensation is familiar.  A worker has a pre-existing, degenerating, and progressively deteriorating condition, in this case an old injury to his knee.  Later, there’s an accident at work, shortly after which, knee surgery is required.  The treating physician believes the work-injury necessitated the surgery and permanent…   

  • Cucumber Farm in a Pickle: Farm’s Classification of Migrant Workers as Independent Contractors Violates Wage and Hour Law

    Posted on June 29, 2015, Authored by Ruder Ware Attorneys, Filed under Employment

    Recently, a federal appeals court determined that a cucumber farm violated the Fair Labor Standards Act when it classified its migrant laborers as independent contractors instead of employees, and failed to pay them the applicable minimum wage.  The case is Perez v. D. Howes, LLC, No. 14-2026, --- F.3d ----, 2015 WL 3833529 (6th Cir. 2015).  Throug…