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WOTUS Legal Challenges Update

Posted on September 9, 2015 by

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 […]

Discrimination Claim Over Hiring Process Settled

Posted on August 31, 2015 by

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 […]

NLRB Rebuffed Again

Posted on August 27, 2015 by

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 […]

Ruder Ware Innovator Award

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, […]

Disabling Condition? Protected Conduct?

Posted on August 10, 2015 by

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 […]

Rapanos v. United States: The Narrow View, The Broad View, and the Search for the Significant Nexus to Clean Water Act Jurisdiction

Posted on August 10, 2015 by

The Quickie Elections Survive all Court Challenges

Posted on August 5, 2015 by

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 […]

Court of Appeals Applies “Common Sense” to NLRB Decisions

Posted on July 29, 2015 by

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 […]

The DOL Has Had a Busy Summer!

Posted on July 28, 2015 by

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?

Hey Employers! The DOL is Watching—Are Your Workers Properly Classified?

Posted on July 27, 2015 by

On July 15, 2015, the U.S. Department of Labor (“DOL”) released an administrative interpretation that addresses the standard under the Fair Labor Standards Act (“FLSA”) for properly classifying workers as employees or independent contractors.  While there has been a great deal of buzz surrounding this release, specifically over the DOL’s statement that “most workers are […]