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Please Click HerePosted on June 14, 2017 by Ruder Ware Alumni
Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be considered an employee of the hiring company. The past Department of Labor issued various memos that indicated a crackdown on independent contractor […]
Posted on June 2, 2017 by Ruder Ware Alumni
An age-old problem faced by municipal officials is what to do about residents and landowners who fail to take care of their properties and allow junk, debris, and other unsightly items to accumulate. This often leads to citizen complaints and even health and safety issues. When municipalities take enforcement action against such properties, they usually […]
Posted on May 31, 2017 by Ruder Ware Alumni
A recent decision in the Northern District of California highlighted the importance of employers applying a consistent rule that employees must notify the employer if they are unable to report to work, even if the employee suffers from a disabling condition. In a recent decision, the Federal Court Judge held that a Company properly terminated […]
Posted on May 22, 2017 by Ruder Ware Alumni
The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well. The case is Operton v. Labor and Industry Review Commission, 2017 WL 1743039. In doing so the Supreme Court affirmed the ruling of the Wisconsin Court of Appeals, which […]
Posted on May 18, 2017 by Ruder Ware Alumni
The Occupational Safety and Health Administration (OSHA) announced on May 17, 2017 that the deadline for employers with 250 and more employees to electronically submit information from their 2016 Form 300A to OSHA is being extended. Under the electronic reporting rule that went into effect on January 1, 2017, the original deadline was to be […]
Posted on May 4, 2017 by Ruder Ware Alumni
A recent decision from the Second Circuit Court of Appeals in New York has again opened the door to questions about hostile work environment and racial harassment. The particular question addressed in this court decision was whether one racial epitaph (use of the “n-word”) would support a claim for racial harassment and the creation of […]
Posted on May 3, 2017 by Ruder Ware Alumni
Several recent decisions by the Seventh Circuit Court of Appeals have set the tone for court decisions in the employment law field. The Seventh Circuit Court of Appeals covers a number of states in the Midwest, including Wisconsin, so the rulings are important for Wisconsin employers up to a point. The first decision involves sexual […]
Posted on March 21, 2017 by Ruder Ware Alumni
The Wisconsin Court of Appeals issued a decision in an unemployment insurance benefits case on March 8 that provides clarity where an employee is discharged for absenteeism. The case is Wisconsin Department of Workforce Development v. Wisconsin Labor and Industry Review Commission, et al (2017 WL 946724). In doing so the court of appeals described […]
Posted on February 28, 2017 by Ruder Ware Alumni
One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of depression that affect the employee’s ability to come to work. It is almost impossible to challenge […]
Posted on February 28, 2017 by Ruder Ware Alumni
We have always been concerned about the extent to which employees or the Equal Employment Opportunity Commission (EEOC) could claim they were suffering from harassment in the workplace. Recent guidance from the EEOC clarifies its position regarding the extent of the types of harassment that could occur and for which employers will be held responsible. […]