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Please Click HerePosted on February 5, 2016 by Ruder Ware Alumni
Recent statements from the Department of Labor Solicitor Patricia Smith have suggested that the new regulations being considered by the Department of Labor on the white collar exemptions from overtime will be published in July and become effective in September. This is an earlier date than was originally hinted at by Solicitor Smith in prior […]
Posted on February 4, 2016 by Ruder Ware Alumni
For most companies that have experienced a union organizing campaign, the concept of “captive audience” speeches on the eve of a manual, secret-ballot election is very familiar. In this context, the National Labor Relations Board (“NLRB”) has long held that employers are generally prohibited from conducting massed captive-audience speeches within the 24-hour period prior to […]
Posted on February 1, 2016 by Ruder Ware Alumni
The federal District Court for the Eastern District of Wisconsin dismissed two state law emotional distress claims in a lawsuit based on the exclusive remedy provision of the Wisconsin Worker’s Compensation Act (WCA). The employee filed suit under the Americans with Disabilities Act (ADA) alleging that the failure of her employer to provide requested leave […]
Posted on January 29, 2016 by Ruder Ware Alumni
On January 21, 2016, the EEOC issued its Proposed Enforcement Guidance on Retaliation and Related Issues which is to be used as a reference for staff investigators on charges alleging retaliation and other related issues. The stated purpose of the guidance is to replace the EEOC’s 1998 Compliance Manual on Retaliation. While much of the […]
Posted on January 28, 2016 by Ruder Ware Alumni
Recent guidance from the Department of Labor has created a stir regarding two or more businesses that could be considered joint employers and thereby held jointly and severally responsible for complying with minimum wage and overtime pay requirements of the federal Fair Labor Standards Act. Under guidance issued by Wage and Hour Division Administrator, Dr. […]
Posted on January 27, 2016 by Ruder Ware Alumni
A recent decision from the Federal Fourth Circuit Court of Appeals has created some question regarding the definition of supervisor under the National Labor Relations Act (NLRA). In a recent, unpublished decision, the Fourth Circuit upheld the finding by the National Labor Relations Board (Board) that certain supervisors of the company did not actually qualify […]
Posted on January 11, 2016 by Ruder Ware Alumni
A recent lawsuit filed by the Equal Employment Opportunity Commission is a reminder that employers have a duty to accommodate an applicant for employment if the applicant identifies the need for accommodations during the application/interview process. The EEOC recently sued McDonalds Corporation for its alleged refusal to interview a deaf job applicant. The applicant indicated […]
Posted on January 7, 2016 by Ruder Ware Alumni
A federal judge for the U.S. District Court for the Western District of Wisconsin has dismissed a claim by the Equal Employment Opportunity Commission (“EEOC”) that a company’s wellness program violates the American’s with Disabilities Act (“ADA”). The company, which has a manufacturing facility in Baraboo, Wisconsin, offered to its employees the ability to participate […]
Posted on December 30, 2015 by Ruder Ware Alumni
Companies that use anhydrous ammonia as a refrigerant may be regulated by the U.S. Environmental Protection Agency’s (“EPA”) Risk Management Plan program under the Clean Air Act and by OSHA’s Process Safety Management program under the Occupational Safety and Health Act. Section 112(r)(1) of the Clean Air Act provides that owners and operators of stationary […]
Posted on December 21, 2015 by Mary Ellen Schill
Falling gasoline prices have finally gotten the attention of the IRS! Late last week the IRS issued the standard mileage rates for determining the deductible cost for operating automobiles for various purposes (business, medical, charitable) beginning January 1, 2016. Details can be found here. Of most interest to employers, the mileage rate for business mileage […]