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WDNR’s Duty and Authority to Consider Cumulative Impacts in Groundwater Withdrawal

Posted on September 30, 2014 by

Administrative Law Judge Jeffrey Boldt, Wisconsin Division of Hearings and Appeals, issued his September 3, 2014, decision holding that the Wisconsin Department of Natural Resources has the legal authority and duty to consider cumulative impacts from groundwater withdrawal so as to prevent potential harm to the waters of the state. “It is scientifically unsupported, and […]

Ambulatory Surgery Center Compliance Federal Settlement Raises Issues for Physician Owned Surgery Centers

Posted on September 30, 2014 by

A Federal Whistleblower that was recently settled in the United States District Court for the Middle District of Tennessee illustrates the difficult issues involved in structuring ambulatory surgery center (“ASC”) investments. Specifically, the case demonstrates how investment terms that are intended to assure compliance with the safe harbor regulations under the Medicare Anti?Kickback Statute (42 […]

Bring Your “Comfort Animal” to Work – Everyday?

Posted on September 29, 2014 by

I am familiar with the national movement of “bring your child to work,” but now I am wondering if we will have a national movement to bring your “comfort animal” to work. A recent federal court decision in Hawaii held that an employer may have discriminated against an employee based upon his depression and adjustment […]

Working from Home May Not be Automatic

Posted on September 18, 2014 by

I wrote a blog a number of months ago about a federal Court of Appeals decision which strongly suggested that working from home would be a required reasonable accommodation in certain circumstances. A decision involving Ford Motor Company strongly suggested that the company would be required to allow an employee with irritable bowel syndrome to […]

EEOC Strikes Again

Posted on September 17, 2014 by

I mentioned in a blog several weeks ago that summer was gone and the EEOC was embarking upon a renewed effort to flex its muscles and pursue claims designed to limit the rights of employers. The EEOC has acted again by bringing a lawsuit against a California company challenging the language in an employee information […]

Decision on “Like” Facebook Protection is Appealed

Posted on September 16, 2014 by

I recently blogged about a decision from the National Labor Relations Board holding that an action by a worker to “Like” a comment on Facebook about the poor conduct of a company was considered protected speech under the National Labor Relations Act. The NLRB found that the termination of an employee for “liking” a comment […]

NFL on the Defensive: What Your Organization Can Learn From the Rice Incident.

Posted on September 11, 2014 by

Right now the National Football League is “on trial.” We aren’t talking about your typical trial before a judge and jury. This is a trial of the worst kind – a trial by media. With about half of Americans admitting they are fans of professional football, this is a trial that America is watching. Whether […]

Shoemaker: A Personal Experience

Posted on September 11, 2014 by

This is a tale of a shoemaker who was so busy making everyone else’s shoes that he forgot about his own. We all have plenty of time to get the “paperwork” of our estate planning done, right? For most of us, it’s just another thing to check off as far as being a responsible adult, […]

Using “Like” on Facebook may be Protected Speech

Posted on September 5, 2014 by

A recent decision from the National Labor Relations Board (August 25, 2014) held that an employee using the “Like” feature on a Facebook page to show support for comments by another employee about the conduct of the company payroll system constituted protected speech under the National Labor Relations Act. The Board held that the termination […]

English-Only Policies Under Scrutiny

Posted on September 3, 2014 by

Some companies have adopted an English-only policy which requires that employees use English as the only language allowed in the workplace. This type of policy is often adopted for safety reasons to ensure that everyone understands what is being said in an emergency situation. Unfortunately, the adoption of an English-only policy can create liability for […]