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Please Click HerePosted on May 19, 2014 by Ruder Ware Alumni
Many states have adopted laws that require mandatory influenza (flu) vaccinations for certain health care professions. A recent hearing on Wisconsin Assembly Bill 247 would take the opposite direction. This proposed legislation would prohibit employers (including health care employers) from taking adverse employment action against an employee who refuses to receive a seasonal flu vaccination. […]
Posted on May 19, 2014 by Ruder Ware Alumni
Deciding what to do when an employee says she cannot return to work because of a medical condition, even after exhausting all FMLA leave, is one of the most difficult questions faced by an employer, especially in Wisconsin. I have written before about the need for a Wisconsin employer to consider the possibility of additional […]
Posted on May 19, 2014 by Ruder Ware Alumni
A recent federal court lawsuit out of the State of Oregon serves as a great reminder that workplace profanity can be used as evidence to support a so-called “hostile work environment” harassment claim under certain circumstances. The case is Griffin v. City of Portland. In Griffin, the plaintiff/employee, who characterized herself as a “devout Christian,” […]
Posted on May 19, 2014 by Mary Ellen Schill
This afternoon the IRS issued the standard mileage rates for determining the deductible cost for operating automobiles for various purposes (business, medical, charitable) for 2014. Specifics can be found here. Clearly the IRS has noticed the decline in the cost of gasoline at the pump, as the mileage rates for business and medical purposes have […]
Posted on May 19, 2014 by Ruder Ware Alumni
A recent action by the National Labor Relations Board (NLRB) has signaled that a new rule on “quickie” elections will be up for debate (and likely passage) in 2014. Several days ago, the NLRB voluntarily dismissed the appeal of a federal District Court decision which held that the Board’s expedited representation election process was invalid […]
Posted on May 19, 2014 by Ruder Ware Alumni
A recent decision from the 5th Circuit Court of Appeals overturned a ruling from the NLRB and held that an agreement between an employer and employee that provided for arbitration of any disputes (including class-action claims) was valid and did not violate the employee s right to pursue collective action to complain about an issue […]
Posted on May 19, 2014 by Ruder Ware Alumni
Last week, the NLRB’s (Board) newly-confirmed top lawyer, Richard Griffin, publicly commented that if given an opportunity (in other words, if the right case came along), he would attempt to overturn the employer-friendly, Bush-Era Board decision upholding an employer’s right to prohibit employee use of company e-mail systems for union solicitation (as long as the […]
Posted on May 19, 2014 by Ruder Ware Alumni
This is the time of year that we say “thank you” and “best wishes” to all. On behalf of Ruder Ware, I want to thank all of our clients for the confidence they have shown in our representation. I also want to thank all of the human resource professionals who have spent the year working […]
Posted on May 19, 2014 by Ruder Ware Alumni
Employers understand they may be liable for employee injuries that arise while an employee is reporting to work, such as an automobile accident on the way to work or an injury when walking into the company premises from the parking lot. These potential areas of liability arise from the worker’s compensation statute in the state […]
Posted on May 19, 2014 by Ruder Ware Alumni
One of the most challenging situations faced by an employer is deciding whether or not to question an applicant about their condition when it is obvious the applicant suffers from some type of disabling condition (i.e. applicant arrives in a wheelchair or uses crutches). Employers are afraid to ask questions that could be used to […]