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Please Click HerePosted on March 22, 2016 by Ruder Ware Alumni
Yes, there have now been a number of lawsuits filed over whether or not a company’s website is accessible under the Americans With Disabilities Act. In many of these cases, the Department of Justice has joined in the lawsuit seeking to enforce Title III of the Americans With Disabilities Act. Companies are now considering whether […]
Posted on March 21, 2016 by Ruder Ware Alumni
A recent settlement of a disability discrimination lawsuit against AT&T shows that a discrimination claim can be an expensive proposition. AT&T settled a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission by paying $250,000 to the Commission and re-instating an employee. The EEOC filed suit against AT&T for failing to provide a reasonable […]
Posted on March 18, 2016 by Ruder Ware Alumni
I am afraid to report that many employees will be receiving a significant Christmas present in July. The latest word is that the new FLSA regulations regarding exempt status will be issued in July and will be subject to a 60-day review period by Congress. This means we will be faced with addressing the exempt […]
Posted on March 14, 2016 by Ruder Ware Alumni
Earlier this month, the federal U.S. Court of Appeals for the Seventh Circuit, which issues opinions that are controlling with respect to Wisconsin employers, determined that an employer’s decision to fire one of its workers violated the National Labor Relations Act. The employer at issue in the case is a staffing company that provided contingent […]
Posted on March 2, 2016 by Ruder Ware Alumni
On March 1, 2016, the Supreme Court of Wisconsin issued its opinion in UFCW Local 1473 v. Hormel Foods Corporation, found here. This is a pre-shift “donning” [putting on required clothes/equipment] and post-shift “doffing” [taking off required clothes/equipment] wage and hour case. The workers and their union argued that time spent “donning” and “doffing” at […]
Posted on February 23, 2016 by Ruder Ware Alumni
If you follow this blog, you may recall my post from November 26, 2014 Labor Unions Have Another Reason to Be Thankful: NLRB Serves Up Holiday Season Gift about the NLRB’s controversial decision in Conagra_Foods_Inc, concerning the meaning of “solicitation” for purposes of the National Labor Relations Act. Although the Conagra Foods, Inc. decision floated […]
Posted on February 17, 2016 by Ruder Ware Alumni
In the aftermath of Supreme Court Justice Antonin Scalia’s recent death, many of my friends and colleagues have asked what Justice Scalia’s passing means to the future of significant employment and labor law cases. First, Justice Scalia’s death means that it is likely that the Supreme Court will be deadlocked 4-4, along ideological lines, when […]
Posted on February 15, 2016 by Ruder Ware Alumni
On February 3, 2016, in Crew One Productions, Inc. v. NLRB, the US Court of Appeals for the Eleventh Circuit [which issues opinions that impact businesses in Alabama, Florida and Georgia] concluded that the NLRB misapplied the law concerning whether two separate employers may be treated as a single, joint employer for union organizing purposes. […]
Posted on February 11, 2016 by Ruder Ware Alumni
Often [at least within my respective circles of friends and co-workers],the National Labor Relations Board (NLRB) is criticized for its polemics of ipse dixit—“it is so because we say it is so.” Recently, one business advanced this same criticism through legally challenging the NLRB’s decision in federal appeals court. On February 9, 2016, the US […]
Posted on February 8, 2016 by Ruder Ware Alumni
Does your company’s public business website create liability under the ADA? The short, lawyerly, answer is—“it depends.” Plaintiffs’ lawyers across the country are seizing upon Title III of the ADA [Places of Public Accommodation] as a basis for making threatening demands and filing lawsuits based on the claim that publicly-accessible business websites do not provide […]