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ADA Protections in the Application Process

Posted on January 11, 2016 by

A recent lawsuit filed by the Equal Employment Opportunity Commission is a reminder that employers have a duty to accommodate an applicant for employment if the applicant identifies the need for accommodations during the application/interview process.  The EEOC recently sued McDonalds Corporation for its alleged refusal to interview a deaf job applicant.  The applicant indicated […]

EEOC Fails to Claim That a Company’s Wellness Program Violates the ADA

Posted on January 7, 2016 by

A federal judge for the U.S. District Court for the Western District of Wisconsin has dismissed a claim by the Equal Employment Opportunity Commission (“EEOC”) that a company’s wellness program violates the American’s with Disabilities Act (“ADA”).  The company, which has a manufacturing facility in Baraboo, Wisconsin, offered to its employees the ability to participate […]

Anhydrous Ammonia Release Kills Worker – U.S. DOJ Sues Company Under the Clean Air Act

Posted on December 30, 2015 by

Companies that use anhydrous ammonia as a refrigerant may be regulated by the U.S. Environmental Protection Agency’s (“EPA”) Risk Management Plan program under the Clean Air Act and by OSHA’s Process Safety Management program under the Occupational Safety and Health Act.  Section 112(r)(1) of the Clean Air Act provides that owners and operators of stationary […]

IRS Issues Standard Mileage Rates for 2016

Posted on December 21, 2015 by

Falling gasoline prices have finally gotten the attention of the IRS!  Late last week the IRS issued the standard mileage rates for determining the deductible cost for operating automobiles for various purposes (business, medical, charitable) beginning January 1, 2016. Details can be found here.  Of most interest to employers, the mileage rate for business mileage […]

Boys of Summer Bring Wage and Hour Lawsuit: Marks Beginning of Ideological Spring

Posted on December 9, 2015 by

Much ink has been spilled by those writing about the attention-grabbing, nationwide, consolidated wage and hour lawsuit brought by current and former minor-league professional baseball players.   The case is Senne v. Office of the Commissioner of Baseball, Case No. 3:14-00608-JCS, venued within the federal U.S. District Court for the Northern District of California.   As a […]

Private-Sector Unions Show No Meaningful Gain Despite Implementation of Quickie Election Rules

Posted on December 9, 2015 by

The “quickie election” rules promulgated by the National Labor Relations Board have been in effect since April 14, 2015.  Thus far, predictions have come true as the time it takes to file a union petition to the time of the election has been dramatically shortened.  On the other hand, the number of petitions filed for […]

Chicken Little Syndrome No More – NLRB Regional Director’s Recent Joint Employment Decision Proves the Sky Is Not Falling [Yet, Anyway]

Posted on December 7, 2015 by

In the aftermath of the National Labor Relations Board’s recent, controversial Browning-Ferris Industries “joint employment” decision [362 NLRB No. 186], many within the management-side legal community [myself included] issued portentous predictions about the future –including Trojan Horse organizing tactics and the adverse impact on pervasive contingent workforce arrangements.  However, one of the Board’s Regional Directors […]

Worker’s Compensation Light Duty Programs for Occupationally Injured Employees and the ADA

Posted on November 23, 2015 by

Employers often establish a light-duty program that is reserved for employees who have work-related injuries or conditions during their healing periods.  The hallmarks of these programs is that temporary light-duty work is reserved for those employees receiving temporary benefits under worker’s compensation.  The rationale for this program is to help the employer comply with the […]

Employers Get Break For Now

Posted on November 19, 2015 by

In a surprise announcement, the Solicitor of Labor, Patricia Smith, has indicated the final rule on overtime eligibility being considered by the Department of Labor will likely not be declared final and implemented until late 2016.  During a panel discussion at the American Bar Association’s Labor and Employment Law Conference, Solicitor Smith indicated there were […]

Court of Appeals Supports Handbook Rule Urging, But Not Requiring, Employees to Take Their Complaints Directly to Their Supervisor

Posted on November 16, 2015 by

A recent decision by the D.C. Circuit U.S. Court of Appeals reversed in part the National Labor Relations Board’s order against a private-sector employer regarding its employee handbook employee-complaint provision finding that the handbook rule was lawful and did not implicate employees’ Section 7 rights under the National Labor Relations Act or otherwise prohibit employees […]