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Please Click HerePosted on October 13, 2015 by Ruder Ware Alumni
I. Introduction The terms “waters of the United States” and “navigable waters of the United States” are two separate definitions applied by the United States Army Corps of Engineers (“Corps”) in different contexts pursuant to different statutes. Let’s suppose you want to construct a hydroelectric plant. A fundamental concern would be whether the newly constructed […]
Posted on October 5, 2015 by Ruder Ware Alumni
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 determine whether: (1) the purchaser of […]
Posted on September 9, 2015 by Ruder Ware Alumni
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 promulgated by the […]
Posted on September 9, 2015 by Ruder Ware Alumni
There are numerous pending lawsuits challenging the EPA and Corps of Engineers’ “Waters of the United States” (WOTUS) Rule. The Rule took effect in thirty-seven states on August 28, 2015, after proceedings in three of these lawsuits. The explanation lies in procedural intricacy. Under the Clean Water Act (“CWA”), original jurisdiction to challenge a rule […]
Posted on August 31, 2015 by Ruder Ware Alumni
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 a claim by the EEOC that it […]
Posted on August 27, 2015 by Ruder Ware Alumni
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 […]
Posted on August 17, 2015
Wausau Region Chamber of Commerce creates award honoring G. Lane Ware. “A distinguished attorney, G. Lane Ware was the consummate professional with a sincere drive to make the Wausau community a better place for life and for business. He was tireless in his drive and support of entrepreneurship and innovation. You’d often hear him quip, […]
Posted on August 10, 2015 by Ruder Ware Alumni
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 […]
Posted on August 10, 2015 by Ruder Ware Alumni
Posted on August 5, 2015 by Ruder Ware Alumni
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 […]