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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 […]

Congress Tries to Stop Quickie Election Rules

Posted on April 28, 2015 by

Action was taken by the United States Senate seeking to stop the implementation of the “quickie election” regulations scheduled to take effect in April. The Senate passed Senate Joint Resolution 8 to attempt to stall the implementation of these new Rules. While this is an effort that has support from the majority in the Senate […]

Presidential Veto = Quickie Election Rules

Posted on April 28, 2015 by

President Obama has vetoed the legislation passed by Congress that would prevent the implementation of the quickie election rules authored by the National Labor Relations Board. These new rules expedite the union representation election process and eliminate the right of an employer to engage in an effective campaign to convince employees that a union is […]

New Day for Union Representation Elections

Posted on April 28, 2015 by

Today is the day that the new “quickie election” regulations take effect. As of writing this blog, we have not heard of any legal challenge that has successfully stopped the new regulations from being implemented. Under the new regulations, a union representation election petition will be placed on a fast track for processing by the […]

Federal Court Says Working From Home is Not Automatic Accommodation

Posted on April 28, 2015 by

A recent decision by the Sixth Circuit Court of Appeals held that the Equal Employment Opportunity Commission failed in its claim that Ford Motor Company violated the Americans With Disabilities Act by failing to accommodate an employee with irritable bowel syndrome when the employee requested to work from home on four days of the work […]

Federal Court Applies Worker’s Compensation Exclusive Remedy to Asbestos Secondary Exposure Lawsuit

Posted on April 28, 2015 by

Plaintiffs in asbestos personal injury and wrongful death lawsuits often attempt to circumvent the exclusive remedy of worker’s compensation.  The federal district court for the Western District of Wisconsin has recently applied Wisconsin’s exclusive remedy provision to dismiss a Wisconsin employer from an asbestos lawsuit brought by an employee.  The case is Boyer v. Weyerhauser […]

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

Posted on March 10, 2015 by

The DOL issued a Final Rule revising the Family and Medical Leave Act’s (FMLA) definition so that eligible employees in legal same-sex and common law 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. The DOL has moved from […]

Wisconsin Will Become A Right-To-Work State This Week?

Posted on February 23, 2015 by

Since the news broke last Friday, it is becoming very clear that Wisconsin will become a right-to-work state in the very near future.  A Ruder Ware alumni attorney and a colleague had a conversation about this proposed legislation recently which we have summarized here. Ruder Atty: It looks like the Legislature is going to consider […]

Adjust Job Duties

Posted on November 3, 2014 by

A recent decision by the 7th Circuit Court of Appeals has reaffirmed the duty of employers to consider minor adjustments to job duties as a reasonable accommodation under the Americans with Disabilities Act. This decision, while dealing with the ADA, reinforces the position taken by the Equal Right Division in Wisconsin that adjustment of work […]