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Please Click HerePosted on May 19, 2014 by Sara J. Ackermann
Remember Jack Tripper? Pretending to be gay to stay in the coveted apartment with Chrissy and Janet? Oh, the ruse Jack played for years with multiple landlords who never quite caught on to Jack’s true identity. In the employment setting, the opposite is true. Employees are more likely to hide their gay/lesbian/bisexual/transgender identity and pretend […]
Posted on May 19, 2014 by Ruder Ware Alumni
A recent decision from the 5th Circuit Court of Appeals has opened the door to consideration of a duty to accommodate under the Americans With Disabilities Act that goes beyond the need to accommodate an employee with assistance to perform the essential functions of the employee’s job. In this decision, the 5th Circuit Court of […]
Posted on May 19, 2014 by Ruder Ware Alumni
A colleague wrote recently that the Court of Appeals for the Eighth Circuit ruled that when determining whether an employee is disabled or not because the employee cannot perform the essential functions of the job, the key document to be considered by the Court is the job description prepared by an employer to describe the […]
Posted on May 19, 2014 by Ruder Ware Alumni
Many states have adopted laws that require mandatory influenza (flu) vaccinations for certain health care professions. A recent hearing on Wisconsin Assembly Bill 247 would take the opposite direction. This proposed legislation would prohibit employers (including health care employers) from taking adverse employment action against an employee who refuses to receive a seasonal flu vaccination. […]
Posted on May 19, 2014 by Ruder Ware Alumni
Deciding what to do when an employee says she cannot return to work because of a medical condition, even after exhausting all FMLA leave, is one of the most difficult questions faced by an employer, especially in Wisconsin. I have written before about the need for a Wisconsin employer to consider the possibility of additional […]
Posted on May 19, 2014 by Ruder Ware Alumni
A recent federal court lawsuit out of the State of Oregon serves as a great reminder that workplace profanity can be used as evidence to support a so-called “hostile work environment” harassment claim under certain circumstances. The case is Griffin v. City of Portland. In Griffin, the plaintiff/employee, who characterized herself as a “devout Christian,” […]
Posted on May 19, 2014 by Mary Ellen Schill
This afternoon the IRS issued the standard mileage rates for determining the deductible cost for operating automobiles for various purposes (business, medical, charitable) for 2014. Specifics can be found here. Clearly the IRS has noticed the decline in the cost of gasoline at the pump, as the mileage rates for business and medical purposes have […]
Posted on May 19, 2014 by Ruder Ware Alumni
A recent action by the National Labor Relations Board (NLRB) has signaled that a new rule on “quickie” elections will be up for debate (and likely passage) in 2014. Several days ago, the NLRB voluntarily dismissed the appeal of a federal District Court decision which held that the Board’s expedited representation election process was invalid […]
Posted on May 19, 2014 by Ruder Ware Alumni
A recent decision from the 5th Circuit Court of Appeals overturned a ruling from the NLRB and held that an agreement between an employer and employee that provided for arbitration of any disputes (including class-action claims) was valid and did not violate the employee s right to pursue collective action to complain about an issue […]
Posted on May 19, 2014 by Ruder Ware Alumni
Last week, the NLRB’s (Board) newly-confirmed top lawyer, Richard Griffin, publicly commented that if given an opportunity (in other words, if the right case came along), he would attempt to overturn the employer-friendly, Bush-Era Board decision upholding an employer’s right to prohibit employee use of company e-mail systems for union solicitation (as long as the […]