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Please Click HerePosted on February 28, 2017 by Ruder Ware Alumni
Many businesses today use other entities to provide employees for their business operations. This type of structure is often viewed as a good way for a company to avoid many of the pitfalls of being an employer under state and federal laws. A recent court ruling has redefined what it means to be a joint […]
Posted on February 9, 2017 by Ruder Ware Alumni
On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the permit-required confined space entry standard. In doing so the Seventh Circuit discussed imputed knowledge to the employer, foreseeability of a supervisor’s misconduct, […]
Posted on January 27, 2017 by Ruder Ware Alumni
The City of Philadelphia has passed legislation that prohibits an employer from asking for the current salary of an applicant being considered for employment with a public or private employer. The theory behind this legislation is to prevent employers from excluding applicants who may be interested in a position even though the salary level of […]
Posted on January 18, 2017 by Ruder Ware Alumni
Most employers and employees know that the Occupational Safety and Health Administration (OSHA) is the federal agency charged with overseeing safety and health in U.S. workplaces. Many are surprised, however, to learn OSHA is also responsible for enforcing 22 whistleblower protection statutes that don’t necessarily have anything to do with worker safety and health. These […]
Posted on January 5, 2017 by Ruder Ware Alumni
A recent federal court decision in Madison has struck down a portion of the Right-to-Work law applicable to all employers in Wisconsin. Under this decision by U.S. District Judge William Conley, the Court has issued a permanent injunction stopping employers from following the language in Section 111.06(1)(i) of the Wisconsin Statutes. This provision of the […]
Posted on January 3, 2017 by Ruder Ware Alumni
Immigration law is said to be the next major debate in both state legislatures and Congress. While that debate will focus on the rights of immigrants to gain legal status in our country, employers can anticipate many new issues arising under national origin discrimination. I wrote about this topic several weeks ago, but now see […]
Posted on December 20, 2016 by Ruder Ware Alumni
I have written over the year regarding disability discrimination and the notion that an employer can be subject to a discrimination complaint under both state and federal law if the employer “perceives” an individual to be disabled and unable to perform the duties of his/her position. I often wonder if the public “perceives” Santa Claus […]
Posted on December 19, 2016 by Ruder Ware Alumni
Earlier this month, the United State’s Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph’s Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the transfer of a disabled employee into a vacant position without consideration of the qualifications of other candidates competing for the […]
Posted on December 19, 2016 by Ruder Ware Alumni
OSHA has always taken the position that the duty to record accurate and complete injuries and illnesses is a continuing duty. OSHA concedes, however, “that its recordkeeping regulations were not clear with respect to the continuing nature of employers’ recordkeeping obligations.” OSHA has now issued a Final Rule that clarifies the continuing nature of the […]
Posted on December 15, 2016 by Ruder Ware Alumni
OSHA enforces laws that protect whistleblowers under 22 whistleblower statutes ranging from the Asbestos Hazard Emergency Response Act to the Wendell H. Ford Aviation Investment Reform Act for the 21st Century. This article focuses on OSHA’s final rule under one of those statutes, the Moving Ahead for Progress in the 21st Century Act (“MAP-21”), as […]