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Please Click HerePosted on November 22, 2016 by Sara J. Ackermann
Late today, a Texas federal district court judge issued a ruling that DELAYS the Department of Labor’s proposed overtime rule that was set to go into effect on December 1. This means that a hearing will be scheduled to determine whether or not the DOL exceeded its authority in issuing the Rule that would increase […]
Posted on November 17, 2016 by Sara J. Ackermann
As we reported recently, (see DOL Overtime Rule Update: Breaking News!!!!!) 21 States and multiple business groups have filed suit in the Eastern District of Texas seeking a delay in the implementation of the proposed OT rule set for December 1. Yesterday, the judge assigned to that case advised the parties he will issue his […]
Posted on November 4, 2016 by Ruder Ware Alumni
In 2014 Oklahoma enacted a radical change to its workers’ compensation statute, and on September 13, 2016, the Oklahoma Supreme Court held that it violates the state constitution. The case is Dillard’s, Inc. v. Vasquez, 2016 OK 89. Some version of the Oklahoma legislative plan might be considered by the Wisconsin Legislature. This article explores […]
Posted on November 3, 2016 by Ruder Ware Alumni
Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation. These decisions offer reminders for employers of the importance of recognizing potential disability claims and addressing them promptly. In the first decision, the Eighth Circuit Court of Appeals concluded that an employee […]
Posted on November 2, 2016 by Ruder Ware Alumni
A recent ruling from the Seventh Circuit Court of Appeals extended the notion of “truth as a defense” to a tortious interference with employment claim under Wisconsin law. This establishes a sound defense to a claim by an employee against other employees that they have tortiously interfered with the employee’s contract for employment with a […]
Posted on October 27, 2016 by Mary Ellen Schill
Late each October, the IRS gets around to announcing the cost of living adjustments for qualified plans for the upcoming year. This year was no exception, and here they are [Plan Limits]. Unlike last year, 2017 brings some increases to the limits, like the increase in the compensation limit (the maximum amount of compensation a […]
Posted 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 22, 2016 by Sara J. Ackermann
On September 20, 2016, two lawsuits were filed in an attempt to block the DOL’s proposed overtime rule (the “Rule”). Wisconsin joined 20 other states in filing one suit while the U.S. Chamber of Commerce along with 50 other business groups filed the other. Both suits, filed in the U.S. District Court for the Eastern […]
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 […]