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OSHA’s New Guidelines for Employer Anti-Retaliation Policies

Posted on January 18, 2017 by

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 safety and health. These […]

Limited Right to Ask for Discontinuance of Dues Deductions

Posted on January 5, 2017 by

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 provision of the […]

National Origin Discrimination – A New Frontier?

Posted on January 3, 2017 by

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 […]

Regulators’ Christmas Gift to Banks: 18-Month Examination Cycle

Posted on December 28, 2016 by

Earlier this month, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation issued final interagency rules which will reduce regulatory compliance costs for over 600 banks and savings associations. Section 10(d) of the Federal Deposit Insurance Act (FDI Act) generally requires the […]

Recent Health Care Legal Developments – Looking Forward to 2017

Posted on December 28, 2016 by

As we are coming close to the end of another year, I thought it might be good to pull together some of the health law articles and blogs we produced during 2016.  Ruder Ware’s Health Care Focus Team puts out a lot of information on a variety of different blog sites.  This is in addition […]

Christmas Disability?

Posted on December 20, 2016 by

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 […]

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

Posted on December 19, 2016 by

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 competing for the […]

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 19, 2016 by

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 nature of the […]

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

Posted on December 15, 2016 by

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”), as […]

Be Prepared Before Your Borrower Files a Farm Bankruptcy

Posted on December 15, 2016 by

How prepared are you for a workout or Chapter 12 farm bankruptcy filed by your Borrower?  Make it your New Year’s Resolution to know the answer to these questions about your Borrower. Do you conduct regular file reviews?  Regular loan file reviews can be used as tools to increase certainty as to collateral priority and […]