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Please Click HerePosted on July 31, 2014 by Ruder Ware Alumni
Two recent decisions by the National Labor Relations Board in the retail sector have again raised questions about the new concept of micro-unions. A micro-union is a union representing a small group of employees within a large employer. This phenomena has created a significant stir in the legal community because of the potential for a […]
Posted on July 22, 2014 by Ruder Ware Alumni
In the last two weeks, the Equal Employment Opportunity Commission (EEOC) has issued an Enforcement Guidance document on pregnancy discrimination and related issues. This Guidance is a comprehensive statement by the EEOC on pregnancy discrimination and the duty of employers to provide accommodations to a pregnant employee. One of the most significant statements in the […]
Posted on July 14, 2014 by Ruder Ware Alumni
When the Worker’s Compensation Act was adopted in Wisconsin the quid pro quo were no-fault benefits to the employee and protection to the employer against lawsuits. Wisconsin courts have consistently upheld the employers’ end of the bargain. The Wisconsin Court of Appeals did so again in Hurt v. Cole, 2014 WL 3056165 decided on July […]
Posted on July 8, 2014 by Ruder Ware Alumni
Recent court actions continue to support a claim that obesity is a covered disability. America’s Car-Mart (Car-Mart) reached a mutual agreement to settle a claim brought by a former employee alleging that Car-Mart discharged him from his General Manager position because of his severe obesity and because his employer regarded him as being substantially limited […]
Posted on July 7, 2014 by Ruder Ware Alumni
Many companies use contracted employees to avoid the cost of human resources services and benefits. Under these arrangements, a company will hire another company to provide the employees that will do all or a portion of the production work for the business. This has become a popular way to manage human resources costs and benefits. […]
Posted on July 7, 2014 by Ruder Ware Alumni
Recently, the Departments of Labor, Health and Human Services, and Treasury, published final rules concerning the so-called “orientation” periods, which implicate the Affordable Care Act’s ban on waiting periods exceeding 90 days. The final rules go into effect on August 25, 2014, and are applicable for plan years beginning on or after January 1, 2015. […]
Posted on July 2, 2014 by Melissa S. Kampmann
On July 1, 2014, the IRS introduced the new Form 1023-EZ which is a shorter application form to help smaller charities apply for tax exempt status. The standard Form 1023 is a 26 page form that charities must complete in order to obtain tax exempt, or 501(c)(3), status with the IRS. The standard form can […]
Posted on June 26, 2014 by Ruder Ware Alumni
A recent federal court decision from Pennsylvania illustrates the importance of a confidentiality agreement as part of a compliance program. The Pennsylvania court found that a confidentiality agreement that had been signed by an employee restricted the ability of the whistleblower claimant to use confidential information to support its qui tam claim under the federal […]
Posted on June 25, 2014 by Amy E. Ebeling
I can’t help but write a puff piece about the recent lawsuit filed in a Denver District Court earlier this week. In the lawsuit, the attorney is asking the court to block marijuana taxes in Colorado, claiming the state’s tax system violates the Fifth Amendment, which protects people from self-incrimination. The attorney argues that when […]
Posted on June 19, 2014 by Ruder Ware Alumni
Very recently, we have seen commercial payors begin to roll out provider scoring systems. Information about the specifics of these systems is still developing, so I am not providing details at this time. Some of you may have already encountered this issue in connection with United Health’s provider tiering system. Under this scoring system, payors […]