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Please Click HerePosted 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 […]
Posted on May 12, 2015 by Ruder Ware Alumni
The Seventh Circuit Court of Appeals has issued a decision that is interesting for its discussion and analysis of what a “willful” OSHA violation means. A worker for a precast concrete manufacturer fell into a sand bin in which he became engulfed up to his neck. Fortunately, he survived, but the complicated five hour rescue […]
Posted on May 11, 2015 by Ruder Ware Alumni
The important protection that employers have under Wisconsin’s Worker’s Compensation Act is the exclusive remedy against employees for work-related accidents, conditions, or illnesses. While the employer enjoys near immunity from a civil suit, that protection can be waived. The Wisconsin Court of Appeals recently held that an employer had waived its exclusive remedy protection through […]
Posted on May 8, 2015 by Ruder Ware Alumni
A recent lawsuit filed in the federal district court for the Eastern District of Pennsylvania alleges that an employer violated the Americans with Disabilities Act (ADA) by terminating an employee who had a doctor-diagnosed sleep disorder. According to the filing, the disorder limits the hours of the day and night during which the employee is […]
Posted on May 6, 2015 by Ruder Ware Alumni
As I’ve written in the past, the National Labor Relations Act applies to non-union employers too. I’ve wanted to write about the National Labor Relations Board’s recent “dress code” decision for several days now—however, with the Board’s firestorm of significant decisions [email access, here: National Labor Relations Board is “Not-So-Secret” Santa to Organized Labor – […]
Posted on May 6, 2015 by Ruder Ware Alumni
Some commentators have suggested that the recent Republican vote will limit the activity of the National Labor Relations Board and avoid the potential for more activist activity from the Board. It is not clear, however, how the House and Senate can effectively limit the activism that has been predicted absent drastic legislative changes. As Christmas […]
Posted on May 6, 2015 by Ruder Ware Alumni
Everyone is thinking about the holiday season. Many human resource professionals are wondering whether or not the company should sponsor a holiday party and what limits should be applied to such an event. The best answer is to be reasonable and to be more concerned about the safety of employees because of a potential disaster […]