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Please Click HerePosted on October 24, 2016 by Ruder Ware Alumni
Labor and employment practitioners will undoubtedly recall the NLRB’s well-publicized foray last year into the ongoing public debate surrounding whether certain college athletes should be considered compensated employees—Northwestern University, 362 NLRB No. 167 (Aug. 17, 2015). Through Northwestern University, the Board punted—but left open—the substantive issue of whether private university, grant-in-aid scholarship football players meet […]
Posted on September 20, 2016 by Ruder Ware Alumni
Several recent decisions have opened the door to further scrutiny regarding discrimination and the basis for a finding of discriminatory conduct by an employer. These decisions continue to show the volatility of discrimination claims and determinations of whether or not an employee can claim discrimination based on company actions. In one court decision, it was […]
Posted on September 1, 2016 by Mary Ellen Schill
Effective tomorrow, September 2, 2016, new IRS final regulations will take effect which provide that for federal tax purposes, the terms “spouse,” “husband,” and “wife” mean an individual lawfully married to another individual. The terms “husband and wife” mean two individuals lawfully married to each other. Lawful marriage means the marriage is recognized by the […]
Posted on August 23, 2016 by Ruder Ware Alumni
A recent decision from the Wisconsin Court of Appeals has raised serious questions regarding non-solicitation agreements that are often included as part of an employment agreement or severance agreement. A non-solicitation agreement typically prohibits a departing employee from soliciting to hire other employees of your company to go to work for a competitor or for […]
Posted on August 2, 2016 by Ruder Ware Alumni
In general (i.e. non-farm) employment, Wisconsin’s Worker’s Compensation Act becomes mandatory for employers under either of two circumstances. In the event such an employer pays $500 in wages during any calendar quarter, worker’s compensation becomes mandatory on the 10th day of the next quarter. That’s a “bright line” rule. Alternatively, worker’s compensation becomes mandatory when […]
Posted on July 18, 2016 by Ruder Ware Alumni
The date for implementation of OSHA’s ban on two programs – Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing – has been set back from August 10, 2016, to November 1, 2016, as a result of motion practice in a legal challenge. The ban on these programs are part of a new regulation. The […]
Posted on July 13, 2016 by Ruder Ware Alumni
Collegiality in the workplace is the goal of every employer in order to provide the proper atmosphere for productive employees. Many employers have taken this desire to heart by publishing rules that encourage collegiality amongst employees and prohibit conduct that would adversely affect morale in the workplace. A recent ruling by the National Labor Relations […]
Posted on June 29, 2016 by Ruder Ware Alumni
A recent decision in the Ninth Circuit Court of Appeals has highlighted another problem with determining the rate of pay for paying overtime hours worked by non-exempt employees. Under the Fair Labor Standards Act, employees are required to be paid time and one-half their regular rate of pay when they work more than 40 hours […]
Posted on June 29, 2016 by Ruder Ware Alumni
Recent action by the National Labor Relations Board has challenged a long-standing labor precedent that may directly affect Wisconsin companies because of the implementation of the Wisconsin Right-to-Work Law. Because of the Right-to-Work Law, many companies with union representation of its employees are learning the employees no longer support the union and are withdrawing the […]
Posted on June 27, 2016 by Ruder Ware Alumni
Circuit courts and appellate courts commonly apply “great weight deference” to worker’s compensation benefit determinations made by the Labor and Industry Review Commission (“LIRC”), but not this time. In an unpublished opinion issued by the Wisconsin Court of Appeals on June 21, 2016, the appellate court found that LIRC impermissibly read into a statute an […]