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Please Click HerePosted on August 20, 2014 by Ruder Ware Alumni
I have always been concerned that attention deficit disorder would become a commonplace claim of a disability by employees, especially employees who are subject to disciplinary action. A recent decision from the 9th Circuit Court of Appeals gives employers some hope that attention deficit disorder (ADHD) will not automatically be considered a disability. In this […]
Posted on August 12, 2014 by Ruder Ware Alumni
Another decision from the National Labor Relations Board has created the same worry for employers. An NLRB judge recently ruled that several portions of a company employee handbook restricted the rights of workers to organize and discuss their conditions of employment and found there was a violation of the Section 7 rights of the employees. […]
Posted on August 11, 2014 by Ruder Ware Alumni
A recent decision from the National Labor Relations Board has again highlighted the lengths to which the NLRB will go to seek out protection of employee rights under Section 7 of the National Labor Relations Act. This Section allows employees to communicate regarding union organizing activities and exchange information amongst employees regarding possible union organizing […]
Posted on August 1, 2014 by Ruder Ware Alumni
Under Worker’s Compensation, an injured employee receives benefits on a “no-fault” basis and the employer receives immunity from civil suit for damages. When a third party’s negligence causes or contributes to the employee’s injury, however, the third party is fair game to be sued by the injured employee and/or the employer’s worker’s compensation carrier (or […]
Posted on July 31, 2014 by Ruder Ware Alumni
Two recent decisions by the National Labor Relations Board in the retail sector have again raised questions about the new concept of micro-unions. A micro-union is a union representing a small group of employees within a large employer. This phenomena has created a significant stir in the legal community because of the potential for a […]
Posted on July 22, 2014 by Ruder Ware Alumni
In the last two weeks, the Equal Employment Opportunity Commission (EEOC) has issued an Enforcement Guidance document on pregnancy discrimination and related issues. This Guidance is a comprehensive statement by the EEOC on pregnancy discrimination and the duty of employers to provide accommodations to a pregnant employee. One of the most significant statements in the […]
Posted on July 14, 2014 by Ruder Ware Alumni
When the Worker’s Compensation Act was adopted in Wisconsin the quid pro quo were no-fault benefits to the employee and protection to the employer against lawsuits. Wisconsin courts have consistently upheld the employers’ end of the bargain. The Wisconsin Court of Appeals did so again in Hurt v. Cole, 2014 WL 3056165 decided on July […]
Posted on July 8, 2014 by Ruder Ware Alumni
Recent court actions continue to support a claim that obesity is a covered disability. America’s Car-Mart (Car-Mart) reached a mutual agreement to settle a claim brought by a former employee alleging that Car-Mart discharged him from his General Manager position because of his severe obesity and because his employer regarded him as being substantially limited […]
Posted on July 7, 2014 by Ruder Ware Alumni
Many companies use contracted employees to avoid the cost of human resources services and benefits. Under these arrangements, a company will hire another company to provide the employees that will do all or a portion of the production work for the business. This has become a popular way to manage human resources costs and benefits. […]
Posted on July 7, 2014 by Ruder Ware Alumni
Recently, the Departments of Labor, Health and Human Services, and Treasury, published final rules concerning the so-called “orientation” periods, which implicate the Affordable Care Act’s ban on waiting periods exceeding 90 days. The final rules go into effect on August 25, 2014, and are applicable for plan years beginning on or after January 1, 2015. […]