Krukowski & Costello, S.C. • June 06, 2014
State and federal wage and hour laws require Wisconsin employers to maintain accurate records of, among other information, the hours worked by their non-exempt employees. Until very recently, Wisconsin law extended this requirement to exempt employees, too. Although there is no private cause of action for inaccurate or incomplete wage and hour records under Wisconsin law, these records can be among the strongest evidence against employee claims of unpaid work.
Jackson Lewis P.C. • May 13, 2014
The Wisconsin Court of Appeals has asked the Wisconsin Supreme Court for “guidance” as to whether additional consideration is required to support a covenant not to compete entered into during an at-will employment relationship. The case, Runzheimer International, LTD v. Friedlen, involves an action by Runzheimer International, Ltd to enforce a non-compete agreement signed by David Friedlen in 2009, after Friedlen had been working at Runzheimer as an at-will employee for nearly 20 years. Signing the agreement was made a condition of Friedlen’s continued employment and his participation in the company’s yearly incentive plan. The agreement did not increase Friedlen’s salary, nor did it make him eligible for incentives that he had not been eligible for prior to signing the agreement. The trial court found that the non-compete was invalid because it lacked sufficient consideration. Runzheimer appealed, arguing that there should be no difference in how courts treat restrictive covenants entered into at the start of employment and those entered into after years of employment, because “every day is a new day both for employer and employee in an at-will relationship.”
Jackson Lewis P.C. • May 08, 2014
The Midwest Employer Spring 2014
Jackson Lewis P.C. • April 18, 2014
Adopting restrictions on employers’ ability to access the social media accounts of employees and job applicants, Wisconsin has joined 12 other states with similar restrictions.
Littler Mendelson, P.C. • April 15, 2014
Wisconsin has become the thirteenth state to enact a law limiting the circumstances under which employers may request or require access to the personal internet accounts of applicants and employees. The 2013 Wisconsin Act 208,1 which amends the Wisconsin Fair Employment Act (WFEA) and will be enforced by the Department of Workforce Development (DWD), prohibits employers from “requesting or requiring” employees and applicants to provide “access information” for their “personal Internet account” or “to otherwise grant access to or allow observation of that account.” A "personal Internet account" is any “Internet-based account that is created and used by [an employee or applicant] exclusively for purposes of personal communications.” “Access information” means the “password or any other security information” that protects access to a personal Internet account. Access information does not include an employee’s personal e-mail address; the Act expressly permits employers to require employees to disclose that information. In addition to prohibiting these requests for access information and access, the new law, as a general rule, prohibits employers from discriminating or retaliating against (e.g., discharging or refusing to hire) an employee or applicant who exercises their rights under the law.
Littler Mendelson, P.C. • November 25, 2013
While some states are clamoring for stricter laws concerning mandatory influenza vaccinations, some lawmakers in Wisconsin have taken the opposite approach. A public hearing was held on November 13, 2013 regarding Assembly Bill 247, which would prohibit Wisconsin employers – including healthcare employers – from demoting, suspending, firing or discriminating against employees who refuse a seasonal influenza vaccination. The bill would also prohibit employers from...
Littler Mendelson, P.C. • August 07, 2013
A federal court in Wisconsin recently granted preliminary approval to a $3.5 million settlement between a hospital and nearly 1,400 nurses in one of the many recent cases involving automatic deduction of meal breaks from wages.
Krukowski & Costello, S.C. • November 06, 2012
With the important elections coming up finally on November 6th, a few important reminders are in order with regard to Wisconsin law and employee relations.
Krukowski & Costello, S.C. • April 09, 2012
Employers in Wisconsin, already faced with litigation costs to defend discrimination claims, will no longer be subject to paying compensatory and punitive damages to employees who prevail in their complaints under Wisconsin law. The recently passed Senate Bill 202 (SB 202) will restore the pre-July 2009 provisions of the Wisconsin Fair Employment Act (WFEA) and limit remedies to back pay, reinstatement or front pay, interest, costs and attorney fees.
Jackson Lewis P.C. • March 29, 2012
A measure that provides specific guidance on the use of seclusion and physical restraint of pupils in Wisconsinâ€™s public schools has been signed into law by Wisconsin Governor Scott Walker. Under the new law, which takes effect on September 1, 2012, the use of seclusion or physical restraint is prohibited, unless the childâ€™s behavior presents a â€œclear, present, and imminent risk to the physical safety of the pupil or others.â€ In addition, such measures must represent the â€œleast restrictiveâ€ intervention and may last only as long as reasonably necessary to resolve the problem.