Total Articles: 16
Wisconsin Employment Law Watch: Legislature Considers Making “Credit History” a Protected Class
A bill has been introduced in the Wisconsin Assembly that would add “credit history” to the list of classes protected from discrimination under the Wisconsin Fair Employment Act. Assembly Bill 350 was introduced on October 31, 2011. This development follows the introduction of a bill addressing arrest and conviction record discrimination in Wisconsin. (See our article, Wisconsin Employment Law Watch: Legislature to Consider Conviction Record Discrimination Bill.)
Wisconsin Employment Law Watch: Legislature Weighs Curbing Damages under Anti-Discrimination Law
A bill has been introduced in the Wisconsin Assembly that would repeal the right of successful complainants to receive an award of compensatory and punitive damages in circuit court under the Wisconsin Fair Employment Act. Assembly Bill 289 was introduced on September 29, 2011.
Wisconsin Employment Law Watch: Legislature to Consider Conviction Record Discrimination Bill
A new bill arguably aimed at making life easier for employers dealing with employees’ conviction records has been introduced in Wisconsin’s Assembly. Assembly Bill 286, which made its appearance on September 29, 2011, would ease the oft-confounding “substantially related” standard for felony convictions. The current law limits employers’ ability to deny employment or terminate from employment only where the ex-offender’s felony conviction is deemed relevant in substantial measure to the position being sought or, in the case of an existing employee, to the current position held.
Now You See It Now You Don't: Wisconsin's Concealed Carry Law
SB 93 The Personal Protection Act
On July 8, 2011, Governor Walker signed a bill that makes Wisconsin the 49th state in which an individual would be permitted to carry a concealed weapon. Illinois is the only remaining state that prohibits concealed carry. The bill would also allow people to carry loaded, uncased guns in their cars. Licensing and training would be required.
Employer Restrictions
In a counter-intuitive twist, employers can only be held liable for weapons-related incidents occurring in the workplace if they exercise their right to prohibit employees from carrying concealed weapons. If they allow concealed weapons in the workplace, the new law provides employers with immunity. Specifically, the act provides:
(15m) EMPLOYER RESTRICTIONS. (a) Except as provided in par. (b), an employer may prohibit a licensee or an out-of-state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employment or during any part of the licensee's or out-of-state licensee's course of employment.
(b) An employer may not prohibit a licensee or an out-of-state licensee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee's or out-of-state licensee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.
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(21) IMMUNITY. (c) An employer that does not prohibit one or more employees from carrying a concealed weapon under sub. (15m) is immune from any liability arising from its decision.
The law will take effect on November 1, 2011.
For guidance on these and other employment or labor law issues, contact Krukowski & Costello, S.C.'s educational services department at (414) 988-8400.
Auto Insurance Changes in Wisconsin - What You Need to Know
On April 12, 2011, Wisconsin Governor Scott Walker signed 2011 Wisconsin Act 14. In effect, 2011 Wisconsin Act 14 rolls back the minimum automobile insurance coverage limits to pre-2010 levels, prevents policy holders with more than one automobile from stacking policies, and allows reducing clauses in insurance policies.
Wisconsin Senate Considers Bill to Penalize Employers for Employing Unauthorized Workers
Wisconsin employers that hire employees not legally authorized to work in the United States may risk tough new penalties should Senate Bill 137 become law. The bill, in its current form, does not distinguish between employment of an unauthorized person that is intentional or unintentional. Another bill under consideration, Senate Bill 151, on the other hand, would allow employers to pay their employees for making a customer or client referral. Currently, an employee who receives such payment may be prosecuted under Wisconsin’s gambling statute for a Class B misdemeanor. We discuss the bills below.
Wisconsin’s New Concealed Carry Weapons Law Applies to Employers
Wisconsin will join the 48 other states that allow individuals to carry concealed firearms and other weapons in most places when Governor Scott Walker signs SB93 on July 8, 2011. “Weapons” include handguns, electronic tasers, billyclubs, and knives. If a permit is required, such as for a gun, the permit holder must have gone through training.
Senate Republicans Introduce National Right-to-Work Act
Last week, Senate Republicans introduced a bill called the National Right-to-Work Act, which would amend the National Labor Relations Act and the Railway Labor Act to prohibit union security agreements. Union security agreements are clauses in labor contracts that make union membership or payment of union dues a mandatory condition of employment. Federal law permits states to pass right to work laws, and 22 states currently have them on the books—mostly in the South or Western plains states. With Democratic control of the Senate and the White House, the recently introduced National Right-to-Work Act has little chance of becoming law.
Wisconsin Law Prohibiting Captive Audience Speeches Struck Down as Preempted by Federal Labor Law.
When confronted by a union organizing drive, the National Labor Relations Act has long-been interpreted to permit employers to hold what is known as a captive audience speech. During captive audience speecheswhich must occur in the workplace and during work timesmanagers express their views to employees regarding the disadvantages of unionization. Employers usually make attendance at these meetings mandatory and discipline employees who fail to attend. Employers, however, cannot hold captive audience speeches within 24 hours of a union election.
Keeping the "Free" in Smoke-Free: Steps Employers Should Take to Avoid Fines Pursuant to Wisconsin's Indoor Smoking Ban
July 5, 2010 marks the effective date of Section 101.123 of the Wisconsin Statutescommonly referred to as the Indoor Smoking Ban. Employers now have just over two months to amend their policies, post appropriate notices, and prepare to enforce the new law. Failure to do so could lead to fines and/or injunctive action against employers. The Indoor Smoking Ban expressly prohibits smoking in, among other places, government buildings, taverns, restaurants, theaters, and lodging establishments. The law also prohibits smoking in any place of employment, which is broadly defined as any enclosed place that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, a vehicle, or an employee cafeteria. It is worth noting that the definition includes a vehicle that employees normally frequent during the course of employment. To that end, even a company vehicle designated for a single employees use could be subject to the smoking prohibitionregardless of that employees personal smoking preference. Significant for employers, the person who has ultimate control over the location at which smoking is prohibited can also be fined $100 per day for failing to take adequate steps to prevent unlawful smoking.
Wisconsin Legal Updates.
On June 29th, Governor Jim Doyle signed into law Wisconsin's recognition of domestic partnerships. Domestic partnerships in Wisconsin provide a legal status with certain limited legal protections for same sex couples who register as domestic partners. Partners may begin registering on Monday, August 3, 2009 and such partnerships will be administered at the county level.
Attention Employers Subject to Wisconsin Fair Employment Act: Beware.
Governor Doyle signed into law Senate Bill 20 which significantly alters the remedies available for successful Complainants who bring employment discrimination, unfair honesty testing or unfair genetic testing complaints under the Wisconsin Fair Employment Act ("WFEA").
Wisconsin Increases Its Penalties for Employment Discrimination.
Wisconsin employers face significantly greater penalties for employment discrimination under new legislation signed June 8, 2009, by Wisconsin Governor Jim Doyle. The provisions now added to the Wisconsin Fair Employment Act ("WFEA" or "the Act") will give a complainant or the Department of Workforce Development ("DWD") the ability to pursue compensatory and punitive damages, previously not authorized under the Act, upon a finding of job discrimination by an administrative hearing.
Employees in Wisconsin Can Now Seek Compensatory and Punitive Damages for Employment Discrimination.
On June 8, 2009, Governor Jim Doyle of Wisconsin signed an amendment to the Wisconsin Fair Employment Act. This additional provision, will permit a person discriminated against or the Department of Workforce Development (DWD), to seek compensatory and punitive damages in Circuit Court, in addition to reinstatement to the job, back pay (up to two years), plus attorneys fees. This new law will apply to any person employed in Wisconsin, even if the company is headquartered in another state, provided the company employs at least 15 employees in 20 or more calendar weeks in the current or preceding year.
Courts Halts Milwaukee Paid Sick Leave Ordinance
A Milwaukee County Circuit Court has issued a temporary injunction, halting the implementation of Milwaukee's paid sick leave ordinance that was scheduled to go into effect on February 10. The ordinance will now remain on hold until May 11, when the court will decide whether to enjoin the law permanently. Both sides, however, expect the legal battle to continue past that date, with the losing party likely to appeal.
Milwaukee Employers Must Provide Paid Sick Leave Beginning February 10, 2009.
The voters of Milwaukee recently passed a "binding referendum" that created an ordinance that will go into effect on February 10, 2009, mandating that all employers within Milwaukee city limits provide employees with one hour of paid sick leave for every 30 hours worked. Milwaukee is the third city to recently pass a sick leave ordinance, following San Francisco and Washington, D.C.
