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NLRB’s New Top Attorney Threatens to Overturn Employer-Friendly E-Mail Decision

Posted on May 19, 2014 by

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 […]

Happy New Year (?)

Posted on May 19, 2014 by

This is the time of year that we say “thank you” and “best wishes” to all. On behalf of Ruder Ware, I want to thank all of our clients for the confidence they have shown in our representation. I also want to thank all of the human resource professionals who have spent the year working […]

Traveling to Work – New Employer Liability

Posted on May 19, 2014 by

Employers understand they may be liable for employee injuries that arise while an employee is reporting to work, such as an automobile accident on the way to work or an injury when walking into the company premises from the parking lot. These potential areas of liability arise from the worker’s compensation statute in the state […]

Asking Questions of a Disabled Applicant

Posted on May 19, 2014 by

One of the most challenging situations faced by an employer is deciding whether or not to question an applicant about their condition when it is obvious the applicant suffers from some type of disabling condition (i.e. applicant arrives in a wheelchair or uses crutches). Employers are afraid to ask questions that could be used to […]

Minnesota Joins Other States in Protecting Applicant Information

Posted on May 19, 2014 by

As of January 1, 2014, employers in Minnesota may not ask an employee for information about their criminal background in the employment application process. This is known as “Ban-the-Box” law which has been passed in seven states, and similar laws are pending in 26 other states. The law prohibits employers from having a question on […]

Light Duty Only for Work-Related Injuries — Pregnancy Discrimination?

Posted on May 16, 2014 by

Many employers have adopted a light duty policy that only applies for an employee that suffers an on-the-job injury. The theory is to allow light duty for work-related injuries in order to encourage an injured employee to return to regular duty. Such a policy of only giving light duty to work-related injured employees has often […]

Interactive Process is a Must

Posted on May 16, 2014 by

A recent decision from the Seventh Circuit Court of Appeals (which covers Wisconsin) again emphasized the absolute necessity that an employer engage in an interactive process with an employee claiming a disability before making any decision regarding accommodations or continued employment by the employee. In reviewing a lower court’s decision to grant summary judgment in […]

Mom’s Bucket List Request Leads to Lawsuit – Seventh Circuit Declares Daughter’s Care of Dying Mother During Trip to Vegas is FMLA Protected

Posted on May 16, 2014 by

Recently, the federal Court of Appeals for the Seventh Circuit (which covers Wisconsin), clarified that the FMLA applies when an employee requests leave so that she or he can provide physical and psychological care to a terminally ill parent while that parent is traveling away from home. In doing so, the Court disagreed with other […]

What Now? Is a Temporary Impairment Now Considered a Disability?

Posted on May 16, 2014 by

Employers have always been told that an employee that suffers a temporary impairment or injury does not qualify as a disabled employee under the Americans with Disabilities Act. For example, an employee falling out of a deer stand and breaking his leg would not be considered disabled for purposes of an accommodation requirement under the […]

Treasury Department Delays Employer Mandate for Small Employers; Lower Threshold for Avoiding Penalties

Posted on May 16, 2014 by

This afternoon the Treasury Department announced that employers with 50 or more full-time equivalent employees (FTEs), but less than 100 FTEs, will not have to comply with the employer mandate of the Affordable Care Act until 2016. The determination of whether an employer meets the small employer requirements for this purpose would be based on […]