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Please Click HerePosted on August 11, 2014 by Ruder Ware Alumni
A recent decision from the National Labor Relations Board has again highlighted the lengths to which the NLRB will go to seek out protection of employee rights under Section 7 of the National Labor Relations Act. This Section allows employees to communicate regarding union organizing activities and exchange information amongst employees regarding possible union organizing […]
Posted on July 31, 2014 by Ruder Ware Alumni
Two recent decisions by the National Labor Relations Board in the retail sector have again raised questions about the new concept of micro-unions. A micro-union is a union representing a small group of employees within a large employer. This phenomena has created a significant stir in the legal community because of the potential for a […]
Posted on July 22, 2014 by Ruder Ware Alumni
In the last two weeks, the Equal Employment Opportunity Commission (EEOC) has issued an Enforcement Guidance document on pregnancy discrimination and related issues. This Guidance is a comprehensive statement by the EEOC on pregnancy discrimination and the duty of employers to provide accommodations to a pregnant employee. One of the most significant statements in the […]
Posted on July 8, 2014 by Ruder Ware Alumni
Recent court actions continue to support a claim that obesity is a covered disability. America’s Car-Mart (Car-Mart) reached a mutual agreement to settle a claim brought by a former employee alleging that Car-Mart discharged him from his General Manager position because of his severe obesity and because his employer regarded him as being substantially limited […]
Posted on July 7, 2014 by Ruder Ware Alumni
Many companies use contracted employees to avoid the cost of human resources services and benefits. Under these arrangements, a company will hire another company to provide the employees that will do all or a portion of the production work for the business. This has become a popular way to manage human resources costs and benefits. […]
Posted on July 7, 2014 by Ruder Ware Alumni
Recently, the Departments of Labor, Health and Human Services, and Treasury, published final rules concerning the so-called “orientation” periods, which implicate the Affordable Care Act’s ban on waiting periods exceeding 90 days. The final rules go into effect on August 25, 2014, and are applicable for plan years beginning on or after January 1, 2015. […]
Posted on June 18, 2014 by Ruder Ware Alumni
Many employers, in an effort to improve workplace productivity, efficiency and safety, implement so-called “Solicitation and Distribution of Materials” policies. These policies generally prohibit non-work-related communications by employees during work time, as well as distribution of non-work-related materials in work areas [or distribution in non-work areas by employees during work time]. These policies may also […]
Posted on June 16, 2014 by Ruder Ware Alumni
Recently, several businesses have asked me to carefully scrutinize their employment application forms for compliance with state and federal law. Interestingly, one question that consistently arises is whether employers in Wisconsin are permitted to ask questions about convictions and arrests within employment application forms. I have found that there is a great deal of confusion […]
Posted on June 10, 2014 by Ruder Ware Alumni
Many companies have a policy that prohibits employees from talking about their salary or benefits in order to avoid morale issues in the workplace. It is sometimes hard to enforce a policy like this, but companies believe it is important to make it clear that a discussion of salary that an employee receives is not […]
Posted on June 6, 2014 by Ruder Ware Alumni
A recent decision from the Tenth Circuit Court of Appeals has addressed the question whether a six-month leave of absence for a disabled employee is sufficient to satisfy the reasonable accommodation requirement. The Court of Appeals found that Kansas State University satisfied the reasonable accommodation requirements under the Rehabilitation Act when terminating an assistant professor […]