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The Affordable Care Act Survives Another (and Perhaps Final?) Constitutional Challenge

Posted on June 17, 2021 by
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The U.S. Supreme Court declined to strike down the Affordable Care Act once again today, the third unsuccessful constitutional challenge to the far-reaching health care law since it was enacted in 2010. This time, the seven-justice majority dispatched the claims on purely technical grounds and did not even reach the substantive issues. It was the […]

Wisconsin Employers: Have You Had Your Non-Compete Agreements Reviewed Recently? Recent Court Case Invalidates Non-Solicitation Under WI law!

Posted on January 30, 2018 by
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What WI employers need to know:  Wisconsin employers must immediately revise their non-compete agreements so as to comply with this recent decision.  Contact Mary Ellen Schill or Sara Ackermann of the Ruder Ware team to assist you!! The Wisconsin Supreme Court has ruled that an employee non-solicitation agreement is unenforceable if it unreasonably restricts the […]

Wisconsin Supreme Court Rules on Appleton School District Open Meetings Law

Posted on June 29, 2017 by
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In a unanimous and much-anticipated decision released today, the Wisconsin Supreme Court ruled that a committee of school personnel formed to review materials for a high school course under a procedure set forth in school board rules is a “governmental body” subject to the Wisconsin Open Meetings Law. The case (Krueger v. Appleton Area School […]

When Does An Overpayment Become Fraud? How Simple Inattention Can Expose You to Penalties for Fraudulent Activities

Posted on November 7, 2016 by
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If you are involved in any way in the health care system, it should be obvious by now that the government has committed ever increasing resources to the prosecution of fraud and abuse cases. Simply put, from a governmental standpoint, prosecuting fraud and abuse is good business. Every dollar the government puts into pursuing health […]

U.S. Supreme Court will Answer the Question of Who Must Give Notice of an Accommodation

Posted on April 29, 2015 by
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Yesterday, the United States Supreme Court heard oral argument in a religious discrimination case that asks the question whether an employee/applicant needs to request an accommodation of religious beliefs in order for an employer to be required to consider an accommodation. In this case, an applicant for a position with Abercrombie Fitch Stores, Inc. appeared […]

Light-Duty for Pregnant Employees – The Story Continues

Posted on April 28, 2015 by
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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 […]

Supreme Court to Decide Validity of NLRB Appointments

Posted on May 20, 2014 by
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President Obama has asked the United States Supreme Court to reverse a lower court decision and hold that the President’s appointment of three members to the National Labor Relations Board (NLRB) was constitutional and proper. These appointments took place in January, 2012 at a time when the Congress was in a recess between sessions of […]

Disabled Employee Must be Considered for Vacant Position

Posted on May 20, 2014 by
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Recent action by the United States Supreme Court has clarified the duty of accommodation that an employer must make under the Americans with Disabilities Act. The action of the U.S. Supreme Court was to deny review of a 7th Circuit Court of Appeals decision involving United Airlines. The 7th Circuit Court of Appeals decision held […]

Supreme Court Hands Employers Victory: Court Adopts Narrow Definition of “Supervisor” in Sex Harassment Cases

Posted on May 20, 2014 by
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Yesterday, the Supreme Court of the United States issued its long-awaited opinion in the Vance v. Ball State case. The Court established the proper definition of “supervisor” under Title VII of the Civil Rights Act of 1964 (which governs, among other things, sexual harassment under federal law). The Court espoused the Seventh Circuit approach (the […]