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Please Click HerePosted on March 2, 2016 by Ruder Ware Alumni
On March 1, 2016, the Supreme Court of Wisconsin issued its opinion in UFCW Local 1473 v. Hormel Foods Corporation, found here. 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 […]
Posted on February 23, 2016 by Ruder Ware Alumni
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. decision floated […]
Posted on February 17, 2016 by Ruder Ware Alumni
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 […]
Posted on February 15, 2016 by Ruder Ware Alumni
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. […]
Posted on February 11, 2016 by Ruder Ware Alumni
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 US […]
Posted on February 8, 2016 by Ruder Ware Alumni
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 websites do not provide […]
Posted on February 5, 2016 by Ruder Ware Alumni
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 […]
Posted on February 4, 2016 by Ruder Ware Alumni
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 the 24-hour period prior to […]
Posted on February 1, 2016 by Ruder Ware Alumni
The federal District Court for the Eastern District of Wisconsin dismissed two state law emotional distress claims in a lawsuit based on the exclusive remedy provision of the Wisconsin Worker’s Compensation Act (WCA). The employee filed suit under the Americans with Disabilities Act (ADA) alleging that the failure of her employer to provide requested leave […]
Posted on January 29, 2016 by Ruder Ware Alumni
On January 21, 2016, the EEOC issued its Proposed Enforcement Guidance on Retaliation and Related Issues which is to be used as a reference for staff investigators on charges alleging retaliation and other related issues. The stated purpose of the guidance is to replace the EEOC’s 1998 Compliance Manual on Retaliation. While much of the […]