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Quickie Election Rules Likely Veto of Legislation

Posted on April 28, 2015 by

On March 19, the U.S. House of Representatives passed a resolution to block the National Labor Relations Board from implementing the “quickie election” (or “ambush election”) rule. This legislation was previously approved by the U.S. Senate and now goes to the President for consideration. It is likely the President will veto this legislation which means […]

Light-Duty for Pregnant Employees – The Story Continues

Posted on April 28, 2015 by

On Wednesday, the United States Supreme Court overturned a decision from the 4th Circuit Court of Appeals that granted summary judgment to United Parcel Service dismissing a claim by an employee for pregnancy discrimination. The U.S. Supreme Court overturned the Court of Appeals decision and kept alive a claim by a pregnant employee that the […]

Interacting with the Public is a Disability?

Posted on April 28, 2015 by

A recent decision from the 4th Circuit Court of Appeals has opened the door for a lawsuit by an employee claiming that she suffered from a “social anxiety disorder” which impacted her ability to have personal interaction with others. In a decision involving the North Carolina Administrative Office of the Courts, an employee has claimed […]

Congress Tries to Stop Quickie Election Rules

Posted on April 28, 2015 by

Action was taken by the United States Senate seeking to stop the implementation of the “quickie election” regulations scheduled to take effect in April. The Senate passed Senate Joint Resolution 8 to attempt to stall the implementation of these new Rules. While this is an effort that has support from the majority in the Senate […]

Presidential Veto = Quickie Election Rules

Posted on April 28, 2015 by

President Obama has vetoed the legislation passed by Congress that would prevent the implementation of the quickie election rules authored by the National Labor Relations Board. These new rules expedite the union representation election process and eliminate the right of an employer to engage in an effective campaign to convince employees that a union is […]

New Day for Union Representation Elections

Posted on April 28, 2015 by

Today is the day that the new “quickie election” regulations take effect. As of writing this blog, we have not heard of any legal challenge that has successfully stopped the new regulations from being implemented. Under the new regulations, a union representation election petition will be placed on a fast track for processing by the […]

Federal Court Says Working From Home is Not Automatic Accommodation

Posted on April 28, 2015 by

A recent decision by the Sixth Circuit Court of Appeals held that the Equal Employment Opportunity Commission failed in its claim that Ford Motor Company violated the Americans With Disabilities Act by failing to accommodate an employee with irritable bowel syndrome when the employee requested to work from home on four days of the work […]

Federal Court Applies Worker’s Compensation Exclusive Remedy to Asbestos Secondary Exposure Lawsuit

Posted on April 28, 2015 by

Plaintiffs in asbestos personal injury and wrongful death lawsuits often attempt to circumvent the exclusive remedy of worker’s compensation.  The federal district court for the Western District of Wisconsin has recently applied Wisconsin’s exclusive remedy provision to dismiss a Wisconsin employer from an asbestos lawsuit brought by an employee.  The case is Boyer v. Weyerhauser […]

Attorney Aric Burch Joins Ruder Ware

Posted on April 28, 2015

Ruder Ware is pleased to announce the addition of Aric Burch to our Wausau attorney team.  Aric advises individuals and business owners in all aspects of personal estate and business planning. As part of his practice, Aric facilitates the formation, operation, and growth of closely held businesses. As an estate planner, Aric is a skillful […]

The Fourth Circuit U.S. Court of Appeals Applies the “Significant Nexus” Test in Wetlands Litigation

Posted on March 16, 2015 by

On March 10, 2015, the United States Court of Appeals for the Fourth Circuit issued an unpublished decision in Precon Development Corporation, Incorporated v. United States Army Corps of Engineers (link to Decision).  Unpublished decisions are not binding in the Fourth Circuit. The decision applies the “significant nexus test” of U.S. Army Corps of Engineers […]