News & Insights: Employment Blog

 

Our News & Insights

RSS Feed

Employment Blog RSS Feed

Search News & Insights

Keep Up To Date

For invitations to our events and updates on key legal issues and business concerns

Please Click Here

Retaliation Claims are at the Top

Posted on April 29, 2015 by

A recent report issued by the Equal Employment Opportunity Commission shows that retaliation claims are the largest number of claims that are brought to the EEOC for consideration. Sex discrimination claims rank second and disability discrimination claims rank third, but for the second year, retaliation claims are the most prevalent claims that are brought to […]

Court Decision Leaves Bad Taste in Mouth of Restaurant Company: Found Liable for Predecessor Company’s Workplace Retaliation

Posted on April 29, 2015 by

We’ve all heard of the concept of “paying for the sins of our ancestors.” Well, in that same vein, the federal Seventh Circuit Court of Appeals [which presides over Wisconsin employers] recently concluded that a Wisconsin restaurant company is liable for its predecessor’s past act of workplace reprisal, in response to an employee’s complaint concerning […]

U.S. Supreme Court will Answer the Question of Who Must Give Notice of an Accommodation

Posted on April 29, 2015 by

Yesterday, the United States Supreme Court heard oral argument in a religious discrimination case that asks the question whether an employee/applicant needs to request an accommodation of religious beliefs in order for an employer to be required to consider an accommodation. In this case, an applicant for a position with Abercrombie Fitch Stores, Inc. appeared […]

Right-to-Work Legislation and the Union “Free-Rider” Conundrum: The Rest of the Story

Posted on April 28, 2015 by

This week, the Wisconsin State Senate passed the much maligned “right-to-work” bill—which now moves onto the State Assembly [and is anticipated to be signed into law by Governor Walker]. In reading about the controversial legislation, and talking to friends and colleagues about it too, I’ve repeatedly heard about one of the arguments against the proposed […]

Worker’s Compensation Death Benefits: 17-Year-Old Dairy Farm Worker Killed

Posted on April 28, 2015 by

This post describes the worker’s compensation aspect of a tragic death—a 17-year-old boy was crushed when he was caught between a gate and a building while herding cows, according to OSHA’s Fatality/Catastrophe Weekly Incident Reports (11/28/2010). The worker, Juan Camacho, had worked at his employer’s dairy farm in Clark County for about two weeks before […]

“In Sickness and in Health…”: DOL Issues Final Rule Granting FMLA Rights to Married Same-Sex Couples

Posted on April 28, 2015 by

In a win for same-sex married couples, the DOL has revised the FMLA so that employees in legal same-sex marriages can take FMLA leave to care for their spouse or family member, regardless of where they live. The regulation is effective March 27, 2015. For the full legal update, including a summary of what this […]

As Expected, Unions File Lawsuit to Challenge the Legality of Wisconsin’s Right-to-Work Law

Posted on April 28, 2015 by

Yesterday, as expected, several labor unions filed suit in the Dane County Circuit Court, challenging the constitutionality of Wisconsin’s Right-to-Work Law [2015 Wisconsin Act 1]. A copy of the complaint filed by the labor unions is available here: Right to Work Complaint for Declaratory and Injunctive Relief Recently, labor unions in Indiana unsuccessfully challenged Indiana’s […]

Quickie Election Rules Likely Veto of Legislation

Posted on April 28, 2015 by

On March 19, the U.S. House of Representatives passed a resolution to block the National Labor Relations Board from implementing the “quickie election” (or “ambush election”) rule. This legislation was previously approved by the U.S. Senate and now goes to the President for consideration. It is likely the President will veto this legislation which means […]

Light-Duty for Pregnant Employees – The Story Continues

Posted on April 28, 2015 by

On Wednesday, the United States Supreme Court overturned a decision from the 4th Circuit Court of Appeals that granted summary judgment to United Parcel Service dismissing a claim by an employee for pregnancy discrimination. The U.S. Supreme Court overturned the Court of Appeals decision and kept alive a claim by a pregnant employee that the […]

Interacting with the Public is a Disability?

Posted on April 28, 2015 by

A recent decision from the 4th Circuit Court of Appeals has opened the door for a lawsuit by an employee claiming that she suffered from a “social anxiety disorder” which impacted her ability to have personal interaction with others. In a decision involving the North Carolina Administrative Office of the Courts, an employee has claimed […]