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Please Click HerePosted on May 20, 2014 by Ruder Ware Alumni
I am often asked whether attendance at work can be considered an essential requirement of a particular job. Logic would suggest the answer to that question, but of course, court decisions would suggest differently. A recent decision by the 9th Circuit Court of Appeals related to an employee who suffered a serious medical condition that […]
Posted on May 20, 2014 by Ruder Ware Alumni
Wow, the second largest civil penalty obtained by the Federal Trade Commission against a private company for violations of the Fair Credit Reporting Act caused me to take notice. Recently, the FTC for the first time charged an employment background screening firm with violating the federal Fair Credit Reporting Act (the federal law that governs […]
Posted on May 20, 2014 by Ruder Ware Alumni
I recently spoke at the State Bar Business and Real Estate Transactions Institute on the topic of conflicts of interest when representing a family held business. This is a very difficult area because of the potential for conflicts between the individual clients and the business entity. The representation is made even more difficult because the […]
Posted on May 20, 2014 by Ruder Ware Alumni
Something has happened in my law practice that has never happened before. I have given legal advice to a client based upon a YouTube video. Peter Davis, legal counsel for the Wisconsin Employment Relations Commission, was included in a video post on YouTube. In that video post, he indicated that public employers should calculate base […]
Posted on May 20, 2014 by Ruder Ware Alumni
In 2007, the Bush-era Board (in a 3-2 vote) established a property-right based standard through which employee use of company-owned [including non-union companies] email systems for union solicitation may be restricted. Through the Register Guard decision, 351 NLRB No. 70 (December 16, 2007), the Board made clear that impermissible discrimination in violation of the National […]
Posted on May 20, 2014 by Ruder Ware Alumni
Ruder Ware ‘s Employment, Benefits, and Labor Relations Practice Group launched our blog for several reasons. First, the blog is designed to be a platform to promote the dynamic and apropos delivery of value added information between our attorneys and clients. Second, our attorneys are dedicated to being more than just trusted legal advisors to […]
Posted on May 20, 2014 by Ruder Ware Alumni
In a rerun of a tired episode we’ve all seen before but wish to forget (e.g., like any episode of Three’s Company, however, regrettably, there’s a fan club), a National Labor Relations Board (Board) administrative law judge has once again determined that a company’s social media policy is illegal this time, it was DISH Network’s […]
Posted on May 20, 2014 by Ruder Ware Alumni
A recent letter from the Equal Employment Opportunity Commission refused to give any guidance on whether it would be acceptable for a company to use a video interview to select candidates for hire. The EEOC refers to a number of articles and advice given by the Agency on its webpage, but refuses to provide guidance […]
Posted on May 20, 2014 by Ruder Ware Alumni
On January 25, 2013, the federal D.C. Circuit Court of Appeals issued an opinion finding that President Obama’s January 4, 2012 recess appointments to the National Labor Relations Board (Board) were unconstitutional (appointments made after the Senate began a new session on January 3, 2012 and while this session continued). The case is Noel Canning […]
Posted on May 20, 2014 by Mary Ellen Schill
Today the various federal agencies responsible for providing guidance on the Affordable Care Act issued proposed rules which just might satisfy the objections of religious employers to ACA’s contraception mandate. It seems like every day another lawsuit is filed objecting to ACA’s requirement that contraceptives be included in the list of preventative health services which […]