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Please Click HerePosted 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 […]
Posted on May 19, 2014 by Ruder Ware Alumni
As of January 1, 2014, employers in Minnesota may not ask an employee for information about their criminal background in the employment application process. This is known as “Ban-the-Box” law which has been passed in seven states, and similar laws are pending in 26 other states. The law prohibits employers from having a question on […]
Posted on May 16, 2014 by Ruder Ware Alumni
Many employers have adopted a light duty policy that only applies for an employee that suffers an on-the-job injury. The theory is to allow light duty for work-related injuries in order to encourage an injured employee to return to regular duty. Such a policy of only giving light duty to work-related injured employees has often […]
Posted on May 16, 2014 by Ruder Ware Alumni
A recent decision from the Seventh Circuit Court of Appeals (which covers Wisconsin) again emphasized the absolute necessity that an employer engage in an interactive process with an employee claiming a disability before making any decision regarding accommodations or continued employment by the employee. In reviewing a lower court’s decision to grant summary judgment in […]
Posted on May 16, 2014 by Ruder Ware Alumni
Recently, the federal Court of Appeals for the Seventh Circuit (which covers Wisconsin), clarified that the FMLA applies when an employee requests leave so that she or he can provide physical and psychological care to a terminally ill parent while that parent is traveling away from home. In doing so, the Court disagreed with other […]
Posted on May 16, 2014 by Ruder Ware Alumni
Employers have always been told that an employee that suffers a temporary impairment or injury does not qualify as a disabled employee under the Americans with Disabilities Act. For example, an employee falling out of a deer stand and breaking his leg would not be considered disabled for purposes of an accommodation requirement under the […]