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Please Click HerePosted 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 April 6, 2017 by Ruder Ware Alumni
EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017. EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry petitions for reconsideration and judicial review. On February 28, 2017, the “RMP Coalition” filed its […]
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. […]
Posted 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 […]