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Please Click HerePosted on April 22, 2011 by Ruder Ware Alumni
In the past, the U.S. Supreme Court issued case rulings which narrowly defined the term “disability” under the Americans with Disabilities Act (ADA). This resulted in individuals with certain conditions, such as cancer, diabetes, and epilepsy, not qualifying for protection under the ADA. To establish a broader definition of disability, Congress enacted the Americans with […]
Posted on April 21, 2011 by Ruder Ware Alumni
Many employers have implemented policies to randomly test employees for drugs and alcohol use. The purpose of such policies is, of course, safety. Recently, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against U.S. Steel Corporation alleging that the Company’s random alcohol testing policy violated the Americans with Disabilities Act (ADA). In the lawsuit, […]
Posted on February 11, 2011 by Ruder Ware Alumni
Part of President Obama’s enforcement agenda has been to direct the Department of Labor (DOL) to vigorously enforce the federal wage and hour laws and, particularly, the laws pertaining to exempt and non-exempt employees under the Fair Labor Standards Act (FLSA). Recently, the DOL assessed a huge sum against an employer for incorrectly classifying non […]
Posted on February 9, 2011 by Sara J. Ackermann
Last week, the United States Supreme Court decided the case of Thompson v. North American Stainless, LP. In a unanimous decision (Justice Kagan recusing herself), the Court held that Title VII’s anti-retaliation provision applied to an employee who was terminated after his fiancee filed a complaint against the company. Background North American Stainless (Stainless) fired […]
Posted on January 21, 2011 by Ruder Ware Alumni
With the passage of the Employee Free Choice Act (EFCA) almost guaranteed an impossibility as a result of recent national elections, one might conclude that labor unions didn’t get much bang for their buck for supporting the election of President Barack Obama in 2008. While EFCA may be dead, the underlying goals that prompted the […]
Posted on January 6, 2011 by Ruder Ware Alumni
As many observers anticipated, the National Labor Relations Board (“NLRB”), prior to the expiration of Member Becker ‘s recess appointment on December 31, 2011, successfully promulgated and published a final rule adopting several so-called “quickie election” provisions designed to make union avoidance a more challenging proposition for private-sector employers. The final rule is available to […]
Posted on December 3, 2010 by Ruder Ware Alumni
It is a well settled law in Wisconsin that an at-will employee may be terminated for any reason unless the termination violates public policy as expressed in the Constitution, a statute, administrative rule, or other enactment. Recently, the Wisconsin Supreme Court addressed a situation in which an at-will employee claimed that she was illegally terminated […]
Posted on November 15, 2010 by Ruder Ware Alumni
The American with Disabilities Act (“ADA”) requires employers to make reasonable accommodations for qualified employees with disabilities. Although the ADA does not mandate that an employer grant a leave of absence to an employee with a disability, such a leave in certain cases may be necessary to comply with the ADA’s reasonable accommodation requirement. Thus, […]
Posted on November 12, 2010 by Ruder Ware Alumni
The National Labor Relations Board (NLRB) recently filed an unfair labor practice complaint against a Company alleging that the Company has an overbroad Internet and blogging policy that interferes with an employee’s right to engage in protected activity. In a complaint filed against American Medical Response of Connecticut, Inc., the NLRB has alleged that the […]
Posted on October 27, 2010 by Ruder Ware Alumni
The Federal Wiretap Act governs illegal recording of communications. A violation of the Federal Wiretap Act is when a person illegally intercepts an oral communication or intentionally uses or discloses the contents of an oral communication with knowledge that it was illegally intercepted. Recently, the Seventh Circuit Court of Appeals, whose jurisdiction covers Wisconsin, ruled […]