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Please Click HerePosted on May 20, 2014 by Ruder Ware Alumni
Recently, a federal court in New York concluded that a group of workers (production workers who worked on production of the film Black Swan) classified as “unpaid interns” by a motion picture distribution company should have been classified as employees for purposes of federal wage and overtime laws. The case is Glatt v. Fox Searchlight […]
Posted on May 20, 2014 by Ruder Ware Alumni
Many employers maintain no-fault attendance policies requiring advanced notice of absences and a voluntary quit provision when an employee fails to report to work for two days without providing notice. These policies assist companies in meeting client deadlines and properly monitoring employee performance. The Sixth Circuit Court of Appeals recently ruled that an employer may […]
Posted on May 20, 2014 by Ruder Ware Alumni
There has always been a question whether an employer is required to provide accommodations to an employee who has suffered an injury that impacts the employee’s ability to work when the injury occurred before the employee was hired. These types of injuries are called pre-existing injuries or pre-existing conditions and many employers believe they do […]
Posted on May 20, 2014 by Ruder Ware Alumni
On August 22, I spoke to the Employment Law Institute sponsored by the State Bar of Wisconsin on the topic of, “National Labor Relations Board: What Will the Future Bring?” This topic focused on the recent congressional approval of new members to the NLRB which will eliminate legal challenges going forward to decisions made by the […]
Posted on May 20, 2014 by Ruder Ware Alumni
A recent decision by the 6th Circuit Court of Appeals (the Federal Court covering the states of Kentucky, Michigan, Ohio and Tennessee) held that the NLRB decision allowing for a “mini-union” was a valid and proper exercise of Board authority. In this case, the NLRB approved a bargaining unit that was comprised of a small […]
Posted on May 20, 2014 by Ruder Ware Alumni
I have written blogs in the past about obesity not being a protected category under the Americans with Disabilities Act and the Wisconsin Fair Employment Act. Over the weekend, the American Medical Association announced that obesity should now be considered a disease. It is anticipated that insurance companies will now recognize obesity as a covered […]
Posted on May 20, 2014 by Ruder Ware Alumni
The news today talks about “government paralysis” and the likelihood that government will not re-focus for several weeks until everything is decided regarding the continuing resolution debate and the debt limit debate. A caution to employers however, that the government paralysis does not mean that you are protected from potential liability for violation of discrimination […]
Posted on May 20, 2014 by Ruder Ware Alumni
A recent decision from the Seventh Circuit Court of Appeals (governing Wisconsin) accents the importance of an employer treating employees the same especially in the event of disciplinary action issued to an employee. In this decision, the employer terminated a Hispanic employee but only reprimanded a non-Hispanic employee for conduct in violation of company policies […]
Posted on May 19, 2014 by Ruder Ware Alumni
A few days ago a prospective client flippantly asked me if it could force one of its employees to take FMLA leave. The prospective client was surprised to learn that the answer may be yes [under the right circumstances, of course assuming the employee is eligible for FMLA leave and the reason for the absence […]
Posted on May 19, 2014 by Sara J. Ackermann
Recently a client’s Human Resources Manager complained to me that there was “nothing” the company could do to prevent an employee from “faking a migraine” when she felt like taking off in the middle of the day. This particular employee was certified for intermittent leave under the Family Medical Leave Act, but the same question […]