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Please Click HerePosted on April 13, 2016 by Ruder Ware Alumni
I have written a number of blogs regarding the position of the National Labor Relations Board relating to protected speech for employees. The NLRB and its General Counsel have been very aggressive in concluding that the conduct of employees should be considered protected free speech and an employee may not be terminated for such conduct. […]
Posted on April 4, 2016 by Ruder Ware Alumni
In a recent blog, I wrote about the potential of litigation requiring a business to make its website ADA accessible. I noted that it is still not clear what a business may be required to do under this legal argument. A recent court decision in California has not clarified what a business may be required […]
Posted on March 31, 2016 by Ruder Ware Alumni
A recent decision of the Fourth Circuit Court of Appeals puts a spotlight on that question: Do your supervisors exercise discretion when supervising others? This question is important because the recent Court of Appeals decision held that several employees who were identified as supervisors actually did not exercise sufficient discretion to meet the definition of […]
Posted on March 22, 2016 by Ruder Ware Alumni
Yes, there have now been a number of lawsuits filed over whether or not a company’s website is accessible under the Americans With Disabilities Act. In many of these cases, the Department of Justice has joined in the lawsuit seeking to enforce Title III of the Americans With Disabilities Act. Companies are now considering whether […]
Posted on March 21, 2016 by Ruder Ware Alumni
A recent settlement of a disability discrimination lawsuit against AT&T shows that a discrimination claim can be an expensive proposition. AT&T settled a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission by paying $250,000 to the Commission and re-instating an employee. The EEOC filed suit against AT&T for failing to provide a reasonable […]
Posted on March 18, 2016 by Ruder Ware Alumni
I am afraid to report that many employees will be receiving a significant Christmas present in July. The latest word is that the new FLSA regulations regarding exempt status will be issued in July and will be subject to a 60-day review period by Congress. This means we will be faced with addressing the exempt […]
Posted on March 18, 2016 by Sara J. Ackermann
Multiple D.C. insiders and media outlets have reported that earlier this week the DOL forwarded the proposed final overtime rule to the Office of Management and Budget (OMB) for its mandatory review. (If right now you are asking yourself, “what is the proposed final overtime rule?” then see our previous e-alert by clicking here: What […]
Posted on March 14, 2016 by Ruder Ware Alumni
Earlier this month, the federal U.S. Court of Appeals for the Seventh Circuit, which issues opinions that are controlling with respect to Wisconsin employers, determined that an employer’s decision to fire one of its workers violated the National Labor Relations Act. The employer at issue in the case is a staffing company that provided contingent […]
Posted on March 2, 2016 by Ruder Ware Alumni
On March 1, 2016, the Supreme Court of Wisconsin issued its opinion in UFCW Local 1473 v. Hormel Foods Corporation, found here. This is a pre-shift “donning” [putting on required clothes/equipment] and post-shift “doffing” [taking off required clothes/equipment] wage and hour case. The workers and their union argued that time spent “donning” and “doffing” at […]
Posted on February 23, 2016 by Ruder Ware Alumni
If you follow this blog, you may recall my post from November 26, 2014 Labor Unions Have Another Reason to Be Thankful: NLRB Serves Up Holiday Season Gift about the NLRB’s controversial decision in Conagra_Foods_Inc, concerning the meaning of “solicitation” for purposes of the National Labor Relations Act. Although the Conagra Foods, Inc. decision floated […]