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Welcome to our Employment Blog

Posted on May 20, 2014 by

Ruder Ware ‘s Employment, Benefits, and Labor Relations Practice Group launched our blog for several reasons. First, the blog is designed to be a platform to promote the dynamic and apropos delivery of value added information between our attorneys and clients. Second, our attorneys are dedicated to being more than just trusted legal advisors to […]

NLRB Issues Another “DISH” appointing Social Media Decision

Posted on May 20, 2014 by

In a rerun of a tired episode we’ve all seen before but wish to forget (e.g., like any episode of Three’s Company, however, regrettably, there’s a fan club), a National Labor Relations Board (Board) administrative law judge has once again determined that a company’s social media policy is illegal this time, it was DISH Network’s […]

EEOC Not Candid about Cameras: Uncertainty About Risks of Video Interviewing Remains

Posted on May 20, 2014 by

A recent letter from the Equal Employment Opportunity Commission refused to give any guidance on whether it would be acceptable for a company to use a video interview to select candidates for hire. The EEOC refers to a number of articles and advice given by the Agency on its webpage, but refuses to provide guidance […]

For Obama NLRB, Recess is Not as Fun as it Once Was: Federal Court Holds President’s Recess Appointments to the NLRB are Unconstitutional

Posted on May 20, 2014 by

On January 25, 2013, the federal D.C. Circuit Court of Appeals issued an opinion finding that President Obama’s January 4, 2012 recess appointments to the National Labor Relations Board (Board) were unconstitutional (appointments made after the Senate began a new session on January 3, 2012 and while this session continued). The case is Noel Canning […]

An Accommodation to Religious Accommodation

Posted on May 20, 2014 by

Today the various federal agencies responsible for providing guidance on the Affordable Care Act issued proposed rules which just might satisfy the objections of religious employers to ACA’s contraception mandate. It seems like every day another lawsuit is filed objecting to ACA’s requirement that contraceptives be included in the list of preventative health services which […]

Board Stiff: NLRB’s Rigid Approach to Confidentiality and Non-Disparagement Language Now Applies to Private Employment Agreements

Posted on May 20, 2014 by

I recently published the following article in the Chippewa Valley Society for Human Resource Management newsletter – hope you enjoy! Just when the business community thought the National Labor Relations Board’s (Board) aggressive, union-friendly agenda could not get any worse (or more likely, hoped and prayed the Board’s agenda would not get any worse, but […]

Reasonable Accommodation – The Most Difficult Employer Decision

Posted on May 20, 2014 by

Deciding what is the best and most appropriate reasonable accommodation for an employee with a disability, is the most difficult judgment call that an employer has to make. Deciding how far to go when accommodating an employee with a disability is a matter of great concern to employers, but very little specific guidance is offered […]

Drafting Enforceable Agreements Presentation

Posted on May 20, 2014 by

I recently presented “Restrictive Covenants in Employment: Drafting Enforceable Agreements” at the State Bar of Wisconsin PINNACLE® 2012 Health, Labor, and Employment Law Institute. A video of the presentation can be seen here on the State Bar of Wisconsin’s website. Source: Jan. 16, 2013 issue of WisBar® InsideTrack, published by the State Bar of Wisconsin

Who Is Really Running Your Business?

Posted on May 20, 2014 by

Recent events at the state and federal level have again put in question who is really running businesses today. The National Labor Relations Board (NLRB) through various opinions and rulings, has said that any business, even if not unionized, may not take disciplinary action against an employee for certain types of statements made on social […]

IRS Invites More Employers to Settle; Promises Process Will Not Open Pandora’s Box

Posted on May 20, 2014 by

On February 27, 2013, the IRS announced expanded eligibility for its Voluntary Classification Settlement Program (VCSP)(see this link). As many employers recognize, the Obama administration has made misclassification of employees (misclassified as independent contractors) a priority enforcement objective. The VCSP is a program that permits employers (taxpayers) to voluntarily reclassify their independent contractors as employees […]