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Please Click HerePosted on May 5, 2015 by Ruder Ware Alumni
Recently, an administrative law judge (“ALJ”) for the NLRB concluded that a casino employer’s stated reason for terminating an employee (“Schramm”), who complained about the risks of inhaling second-hand marijuana smoke, were not genuine—and the termination of employment violated the NLRA. The case is Circus Circus Casinos, Inc., and is available here: Circus_Circus_Casinos_Inc. This decision […]
Posted on May 4, 2015 by Ruder Ware Alumni
In May 2014, I wrote a blog indicating a federal court of appeals decision suggested that a permanent assignment to working at home may be a reasonable accommodation for an employee suffering from a disability. Another federal court of appeals, the Seventh Circuit Court of Appeals (which covers Wisconsin), has taken a different view of […]
Posted on May 4, 2015 by Ruder Ware Alumni
As we have previously discussed on this blog site, the National Labor Relations Board has published new election rules often described as the “quickie election” rules. A blog summarizing the rules can be found here. These rules are to take effect on April 14, 2015, but a legal challenge has been filed to seek overturning […]
Posted on May 4, 2015 by Ruder Ware Alumni
The National Labor Relations Board has confirmed an Administrative Law Judge (ALJ) decision that Macys, Inc. is obligated to bargain with a small bargaining unit of cosmetic and fragrance sales persons instead of holding that these employees have a community of interest with other Macys, Inc. employees and should not be in a separate (small) […]
Posted on May 4, 2015 by Mary Ellen Schill
Each spring (or late winter for those of us lucky enough to be living in Wisconsin), the IRS adjusts the various maximums (and minimums) for health savings accounts for the upcoming calendar year. The tax code (Code Section 223 if you want to play along at home) provides for annual “cost of living” adjustments for […]
Posted on May 4, 2015 by Ruder Ware Alumni
On January 14, 2015, a group of labor unions—led by the UAW and UFCW—filed suit against Hardin County, Kentucky, in response to a municipal “right-to-work” ordinance. Through the lawsuit, the unions allege that the National Labor Relations Act preempts [overrides and does not permit] local right-to-work measures. A blog post about so-called right-to-work laws is […]
Posted on May 4, 2015 by Ruder Ware Alumni
We are anticipating the Department of Labor will propose new regulations governing the payment of overtime to employees under the Fair Labor Standards Act. These new regulations, originally promised in November of 2014, will likely change the tests for determining whether or not an employee is exempt from the overtime pay requirements. The result of […]
Posted on May 1, 2015 by Ruder Ware Alumni
Let’s face it, not all employees are saints—unfortunately, there will always be that one employee who brazenly decides to color outside of the lines. Recently, several clients have asked me for my opinion about biometric time clocks – in response to “buddy punching,” or falsification of time-cards and other electronic time-management records. Biometric time clocks […]
Posted on May 1, 2015 by Ruder Ware Alumni
Last week, a federal jury in an Americans with Disabilities Act case entered a 2.6 million dollar plaintiff’s verdict in favor of a former Rite Aid Corporation pharmacist who Rite Aid allegedly discharged in response to his inability to administer flu shots. According to court records, the former Rite Aid pharmacist suffered from trypanophobia, which […]
Posted on May 1, 2015 by Ruder Ware Alumni
Senator Jon Erpenbach’s (D-Madison) office released an unsigned memorandum addressed to “WC Stakeholders.” The memorandum is dated January 15, 2015, and its subject line reads “WC Reorganization.” While the memorandum is unsigned, it is clear that the author is an administrator within the Worker’s Compensation Division of the Department of Workforce Development (DWD). The author […]