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Please Click HerePosted on July 25, 2018 by Ruder Ware Alumni
There have been a lot of court cases over the years that have acknowledged that attendance at work is a critical (and logical) essential function of someone’s job. A recent decision by the Sixth Circuit Court of Appeals has raised a caution about this conclusion. In its decision, the Court of Appeals reversed a summary […]
Posted on July 25, 2018 by Ruder Ware Alumni
Companies have always taken the position that an employee’s use of company e-mail is not private, and can be accessed and reviewed by the company at any time. There have been a large number of court cases, which have held that a company that has issued a policy, stating that private use of company e-mail […]
Posted on July 2, 2018 by Ruder Ware Alumni
Several recent federal court decisions have reaffirmed the right of an employer to require an employee to work extra hours or rotating hours of work as a part of the normal duties of a position provided there is legitimate reason for such requirement. In two cases, the federal courts have acknowledged that overtime can be […]
Posted on June 21, 2018 by Ruder Ware Alumni
The National Labor Relations Board (NLRB) is continuing to expand on its newfound flexibility toward employee handbook rules. The NLRB’s General Counsel, Peter Robb, recently issued a memo defining in greater detail which types of handbook rules are acceptable and which will merit greater scrutiny. Significantly, the memo instructs NLRB regional offices that ambiguities in […]
Posted on June 1, 2018 by Mary Ellen Schill
If it seems like the IRS just announced the 2018 limits, you are not mistaken. Just over a month ago the IRS declared a do over for the 2018 limits, see The IRS Says Never Mind – You Can Have Your Higher HSA Limit! With the arrival of 90 degree temperatures in Wisconsin, it is […]
Posted on May 21, 2018 by Ruder Ware Alumni
We have seen a recent expansion of “Ban the Box Legislation” which prevents employers from asking information about the arrest or conviction record of an applicant for a position. Some legislation prevents employers from conducting criminal background checks on applicants until a final selection has been made and a final candidate is being considered. Wisconsin […]
Posted on April 30, 2018 by Mary Ellen Schill
I previously blogged about how unusual it was for the IRS to implement a retroactive change to a previously announced limit. As you may remember, the $6,900 limit on HSA contributions for a taxpayer eligible for a family high deductible health plan (HDHP) previously announced May 4, 2017 was reduced on March 5, 2018 to $6,850, […]
Posted on March 8, 2018 by Ruder Ware Alumni
I recently did a blog about obesity as a disability under the Wisconsin Fair Employment Act. I concluded that the condition of obesity did not automatically constitute a disability although courts could find that an employer discriminated against an obese person if it perceived the person to be adversely impacted by the obese condition and […]
Posted on March 7, 2018 by Mary Ellen Schill
It is unusual for the IRS to implement a retroactive change to a previously announced limit (whether it be qualified plan limits or HSA limits). Especially when the change is a reduction in the amount that taxpayers can save/contribute. But who would disagree that 2018 has been a bit unusual. On March 5, 2018 the […]
Posted on March 6, 2018 by Ruder Ware Alumni
A recent decision from the State of California has held that obesity is considered a protected disability under California law if the condition of obesity is caused by a psychological condition. This gave me pause to wonder whether obesity would be considered a disability under the Wisconsin Fair Employment Act. It appears there is really […]