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Worker’s Compensation Death Benefits: 17-Year-Old Dairy Farm Worker Killed

Posted on April 28, 2015 by

This post describes the worker’s compensation aspect of a tragic death—a 17-year-old boy was crushed when he was caught between a gate and a building while herding cows, according to OSHA’s Fatality/Catastrophe Weekly Incident Reports (11/28/2010). The worker, Juan Camacho, had worked at his employer’s dairy farm in Clark County for about two weeks before […]

“In Sickness and in Health…”: DOL Issues Final Rule Granting FMLA Rights to Married Same-Sex Couples

Posted on April 28, 2015 by

In a win for same-sex married couples, the DOL has revised the FMLA so that employees in legal same-sex marriages can take FMLA leave to care for their spouse or family member, regardless of where they live. The regulation is effective March 27, 2015. For the full legal update, including a summary of what this […]

As Expected, Unions File Lawsuit to Challenge the Legality of Wisconsin’s Right-to-Work Law

Posted on April 28, 2015 by

Yesterday, as expected, several labor unions filed suit in the Dane County Circuit Court, challenging the constitutionality of Wisconsin’s Right-to-Work Law [2015 Wisconsin Act 1]. A copy of the complaint filed by the labor unions is available here: Right to Work Complaint for Declaratory and Injunctive Relief Recently, labor unions in Indiana unsuccessfully challenged Indiana’s […]

Quickie Election Rules Likely Veto of Legislation

Posted on April 28, 2015 by

On March 19, the U.S. House of Representatives passed a resolution to block the National Labor Relations Board from implementing the “quickie election” (or “ambush election”) rule. This legislation was previously approved by the U.S. Senate and now goes to the President for consideration. It is likely the President will veto this legislation which means […]

Light-Duty for Pregnant Employees – The Story Continues

Posted on April 28, 2015 by

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 […]

Interacting with the Public is a Disability?

Posted on April 28, 2015 by

A recent decision from the 4th Circuit Court of Appeals has opened the door for a lawsuit by an employee claiming that she suffered from a “social anxiety disorder” which impacted her ability to have personal interaction with others. In a decision involving the North Carolina Administrative Office of the Courts, an employee has claimed […]

Congress Tries to Stop Quickie Election Rules

Posted on April 28, 2015 by

Action was taken by the United States Senate seeking to stop the implementation of the “quickie election” regulations scheduled to take effect in April. The Senate passed Senate Joint Resolution 8 to attempt to stall the implementation of these new Rules. While this is an effort that has support from the majority in the Senate […]

Presidential Veto = Quickie Election Rules

Posted on April 28, 2015 by

President Obama has vetoed the legislation passed by Congress that would prevent the implementation of the quickie election rules authored by the National Labor Relations Board. These new rules expedite the union representation election process and eliminate the right of an employer to engage in an effective campaign to convince employees that a union is […]

New Day for Union Representation Elections

Posted on April 28, 2015 by

Today is the day that the new “quickie election” regulations take effect. As of writing this blog, we have not heard of any legal challenge that has successfully stopped the new regulations from being implemented. Under the new regulations, a union representation election petition will be placed on a fast track for processing by the […]

Federal Court Says Working From Home is Not Automatic Accommodation

Posted on April 28, 2015 by

A recent decision by the Sixth Circuit Court of Appeals held that the Equal Employment Opportunity Commission failed in its claim that Ford Motor Company violated the Americans With Disabilities Act by failing to accommodate an employee with irritable bowel syndrome when the employee requested to work from home on four days of the work […]