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Please Click HerePosted on June 9, 2005 by Sara J. Ackermann
In a recent decision, the Wisconsin Labor and Industry Review Commission (LIRC) expressly rejected the Faragher/Ellerth defense that the Supreme Court articulated for employers in its infamous 1998 decisions. In Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), the United States Supreme […]
Posted on May 19, 2005 by Mary Ellen Schill
On May 18, 2005, the IRS issued a notice which provides significant relief from the “use it or lose it” rule which applies to amounts set aside in flexible spending accounts. Prior to this new guidance, only expenses incurred during the plan year could be reimbursed from dependent care and medical reimbursement flexible spending accounts […]
Posted on May 19, 2005 by Ruder Ware Alumni
The First Amendment of the United States Constitution provides that “Congress shall make no law … abridging the freedom of speech.” Inherent in the right of free speech is the right to criticize the government for the actions that effect its citizens. But what if you work for the government? Is public criticism of a […]
Posted on May 12, 2005 by Sara J. Ackermann
Rhonda Moser sued her employer for sexual harassment. In her claim, she alleged a male co-worker “harassed” her, and she cited several specific examples of his behavior. Specifically, she alleged that her co-worker: talked “down to her;” made reference to her “tits;” told other male co-workers to “watch out because Ms. Moser likes good-looking men;” […]
Posted on April 4, 2005 by Ruder Ware Alumni
In a 5-4 decision, the U.S. Supreme Court recently held in Jackson v. Birmingham Board of Education that Title IX’s private right of action encompasses claims of retaliation against an individual that complained about sex discrimination. Roderick Jackson (“Jackson”), a teacher and girls basketball coach in the Birmingham, Alabama Public Schools, complained to his supervisors […]
Posted on April 1, 2005 by Sara J. Ackermann
Consider the following scenario: due to a recent decline in sales, your company is forced to layoff several of its employees. Two of the older employees affected by the layoff, John Jones and Jane Smith, threaten to sue your company for discrimination in violation of the Age Discrimination in Employment Act (“ADEA”). Both employees are […]
Posted on March 24, 2005 by Ruder Ware Alumni
On March 10,2005 the Department of Labor issued a new regulation that requires employers to post a notice describing an employee’s rights, benefits and obligations under the Uniformed Services Employment and Re-employment Rights Act or “USERRA.” USSERRA is the federal law that provides employment and re-employment rights to employees who leave their jobs, voluntarily or […]
Posted on March 24, 2005 by Ruder Ware Alumni
In NLRB and Graphic Communication Union v. Curwood, Inc., the employer, Curwood, was alleged to have violated the NLRA when it attempted to counter a union campaign by promising improvements in its pension benefits to employees in the voting unit. As a result of the promised increased benefits, the Union lost their election. It then […]
Posted on March 24, 2005 by Ruder Ware Alumni
The WARN Act requires that an employer give 60 days notice to employees before laying them off. An exception to this rule is where the business faces “unforeseen business circumstances.” A business circumstance may be reasonably unforeseeable if it was caused by some sudden, drastic, and unexpected action, or by conditions outside of the employer’s […]
Posted on March 21, 2005 by Ruder Ware Alumni
In Burbank Grease Services, LLC v. Larry Sokolowski, the Defendant, Larry Sokolowski, was a former sales executive of Plaintiff Burbank Grease Services, LLC. Burbank is in the business of collecting and processing used restaurant fry grease, trap grease, and industrial grease. Sokolowski quit his job and kept various pieces of customer information, including customer lists, […]