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Please Click HerePosted on July 29, 2015 by Ruder Ware Alumni
Two recent decisions by the DC Circuit Court of Appeals (DC Circuit) have overturned National Labor Relations Board (NLRB) decisions and applied “common sense” in reviewing decisions from the Board. In both the decisions, the DC Circuit overturned a decision by the NLRB that found an employer to have committed unfair labor practices by the […]
Posted on July 28, 2015 by Sara J. Ackermann
The DOL has had a busy summer! From proposed overtime rules to independent misclassification warnings, the prudent employer should take notice. For more information, see my two recent legal updates: Hey Employers! The DOL is Watching – Are Your Workers Properly Classified?, and What is the Overtime Proposal and Why Should I Care?
Posted on July 22, 2015 by Ruder Ware Alumni
The Administrator of the US Department of Labor has issued guidance on determining whether an individual is an independent contractor or an employee of a company. This Interpretive Guidance goes a long way to declaring that the Department of Labor will be aggressively reviewing determinations of independent contractor status by a company and will likely […]
Posted on July 6, 2015 by Ruder Ware Alumni
This scenario in worker’s compensation is familiar. A worker has a pre-existing, degenerating, and progressively deteriorating condition, in this case an old injury to his knee. Later, there’s an accident at work, shortly after which, knee surgery is required. The treating physician believes the work-injury necessitated the surgery and permanent partial disability. The independent medical […]
Posted on June 26, 2015 by Ruder Ware Alumni
Recently, a federal appeals court determined that a cucumber farm violated the Fair Labor Standards Act when it classified its migrant laborers as independent contractors instead of employees, and failed to pay them the applicable minimum wage. The case is Perez v. D. Howes, LLC, No. 14-2026, — F.3d —-, 2015 WL 3833529 (6th Cir. […]
Posted on June 25, 2015 by Mary Ellen Schill
The United States Supreme Court just held in the King v. Burwell case that taxpayers in states which have not established their own exchange are still entitled to the premium assistance subsidies. The challengers in the Burwell case had argued that the language in the Affordable Care Act which authorized subsidies was limited to states […]
Posted on June 9, 2015 by Ruder Ware Alumni
A recent decision by an appellate court in California held that the inability of an employee to work with a particular supervisor because of anxiety and stress caused by oversight from the supervisor was not a disability under California Disability Discrimination Law. As a result, the company did not discriminate against an employee who was […]
Posted on June 5, 2015 by Ruder Ware Alumni
The NLRB “quickie election” rules have been in effect for the past six weeks. As predicted, the implementation of these new rules has resulted in a significant increase in union election petitions. Under these new rules, the procedure to move from the filing of a petition to an actual election amongst employees takes approximately three […]
Posted on June 3, 2015 by Ruder Ware Alumni
The United States Supreme Court, in the recent Abercrombie & Fitch decision, has said employers must use their best guess to determine whether or not an employee (or applicant) wants or needs an accommodation for a legitimate religious belief. In this decision, the Supreme Court held that the clothing company violated the religious discrimination law […]
Posted on May 27, 2015 by Ruder Ware Alumni
The Wisconsin Supreme Court recently addressed the authority of circuit courts to assess and adjudge arbitration matters. In First Weber Group, Inc. v. Synergy Real Estate Group, LLC, 2015 WI 34 (March 24, 2015) determinations and rulings regarding multiple issues were made. In pertinent part, the parties ultimately disputed over an arbitration clause of their […]