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Please Click HerePosted on May 19, 2014 by Ruder Ware Alumni
A few days ago a prospective client flippantly asked me if it could force one of its employees to take FMLA leave. The prospective client was surprised to learn that the answer may be yes [under the right circumstances, of course assuming the employee is eligible for FMLA leave and the reason for the absence […]
Posted on May 19, 2014 by Sara J. Ackermann
Recently a client’s Human Resources Manager complained to me that there was “nothing” the company could do to prevent an employee from “faking a migraine” when she felt like taking off in the middle of the day. This particular employee was certified for intermittent leave under the Family Medical Leave Act, but the same question […]
Posted on May 19, 2014 by Mary Ellen Schill
On October 31 the IRS announced the various contribution and benefit limits applicable to qualified retirement plans, for 2014. Here’s a link to our recent update which includes a handy chart. We’ve become accustomed to getting these annual announcements in mid-October, but as with a lot of other IRS guidance, the government shutdown did have […]
Posted on May 19, 2014 by Sara J. Ackermann
Remember Jack Tripper? Pretending to be gay to stay in the coveted apartment with Chrissy and Janet? Oh, the ruse Jack played for years with multiple landlords who never quite caught on to Jack’s true identity. In the employment setting, the opposite is true. Employees are more likely to hide their gay/lesbian/bisexual/transgender identity and pretend […]
Posted on May 19, 2014 by Ruder Ware Alumni
A recent decision from the 5th Circuit Court of Appeals has opened the door to consideration of a duty to accommodate under the Americans With Disabilities Act that goes beyond the need to accommodate an employee with assistance to perform the essential functions of the employee’s job. In this decision, the 5th Circuit Court of […]
Posted on May 19, 2014 by Ruder Ware Alumni
A colleague wrote recently that the Court of Appeals for the Eighth Circuit ruled that when determining whether an employee is disabled or not because the employee cannot perform the essential functions of the job, the key document to be considered by the Court is the job description prepared by an employer to describe the […]
Posted on May 19, 2014 by Ruder Ware Alumni
Many states have adopted laws that require mandatory influenza (flu) vaccinations for certain health care professions. A recent hearing on Wisconsin Assembly Bill 247 would take the opposite direction. This proposed legislation would prohibit employers (including health care employers) from taking adverse employment action against an employee who refuses to receive a seasonal flu vaccination. […]
Posted on May 19, 2014 by Ruder Ware Alumni
Deciding what to do when an employee says she cannot return to work because of a medical condition, even after exhausting all FMLA leave, is one of the most difficult questions faced by an employer, especially in Wisconsin. I have written before about the need for a Wisconsin employer to consider the possibility of additional […]
Posted on May 19, 2014 by Ruder Ware Alumni
A recent federal court lawsuit out of the State of Oregon serves as a great reminder that workplace profanity can be used as evidence to support a so-called “hostile work environment” harassment claim under certain circumstances. The case is Griffin v. City of Portland. In Griffin, the plaintiff/employee, who characterized herself as a “devout Christian,” […]
Posted on May 19, 2014 by Mary Ellen Schill
This afternoon the IRS issued the standard mileage rates for determining the deductible cost for operating automobiles for various purposes (business, medical, charitable) for 2014. Specifics can be found here. Clearly the IRS has noticed the decline in the cost of gasoline at the pump, as the mileage rates for business and medical purposes have […]