Ogletree Deakins • April 26, 2016
Wisconsin Governor Scott Walker signed into law several new employer-friendly 2016 amendments to the state’s Worker’s Compensation Act. In addition to cutting the statute of limitations for traumatic injury claims in half, from 12 years to 6, the amendments also deny benefits to employees under three new provisions added to the law.
Jackson Lewis P.C. • March 22, 2016
A new Wisconsin law has repealed the state’s prohibition (which has existed for more than 50 years) on manufacturing, selling, transporting, purchasing, or possessing a switchblade and which subjected violators to $10,000 in fines and nine months in jail.
Littler Mendelson, P.C. • March 15, 2016
The Wisconsin Supreme Court recently helped clarify the circumstances under which pre- and post-shift donning and doffing constitutes compensable work under Wisconsin’s minimum wage and overtime laws.1 The decision, which involved production workers at a plant owned by Hormel Foods Corporation (“Hormel” or "the company"), also appears to narrow the applicability of the federal de minimis rule under state law.
Littler Mendelson, P.C. • August 03, 2015
Effective July 14, 2015, Wisconsin has made it easier for an employer to comply with Wisconsin Statute 103.85, Wisconsin’s “one day of rest in seven” requirement. Under this statute, most factory and mercantile employers must provide their employees with at least 24 consecutive hours of rest for every 7 consecutive days worked. These restrictions do not apply to certain categories of workers, including janitors; security personnel; those employed in the manufacture of butter, cheese or other dairy products, or in the distribution of milk or cream; those who work in canneries or freezers; individuals who are employed in bakeries, flour and feed mills, hotels or restaurants; employees whose duties include no work on Sunday other than caring for live animals or maintaining fires; and workers whose labor is required by an emergency situation that could not reasonably have been anticipated.
Littler Mendelson, P.C. • June 03, 2015
Wisconsin has firmly joined the majority of jurisdictions in the United States that hold that continued employment constitutes lawful consideration sufficient to enforce a restrictive covenant with a current at-will employee. The Wisconsin Supreme Court's decision in Runzheimer International, Ltd. v. Friedlen and Corporate Reimbursement Services, Inc., 2015 WI 45 (Wis. 2015), is a victory for Wisconsin employers and marks the end of years of debate on this issue.
Ogletree Deakins • May 12, 2015
The Wisconsin Supreme Court recently issued a decision holding that continued employment is adequate consideration for restrictive covenants. In Runzheimer International, Ltd. v. Friedlen, et al., No. 2013AP1392 (April 30, 2015), the state’s highest court held that an employer’s forbearance of its right to terminate an at-will employment relationship can support a restrictive covenant.
Ogletree Deakins • March 31, 2015
The Wisconsin legislature may soon dramatically change the law that governs restrictive covenants, making them easier to enforce.
Ogletree Deakins • March 09, 2015
Wisconsin Governor Scott Walker’s motto is that Wisconsin is “open for business,” and he means it. On March 9, 2015, Governor Walker signed into law Senate Bill 44, which made Wisconsin the 25th right-to-work state in the country. With the surrounding Great Lakes states of Michigan and Indiana already enacting right to work laws (and Iowa already being a right-to-work state), the momentum in Wisconsin was to follow so it would not be at a competitive disadvantage in retaining and attracting new businesses and job growth.
Ogletree Deakins • January 26, 2015
On January 20, 2015, the U.S. Department of Labor (DOL) announced that Wisconsin had become the latest state to join the “Misclassification Initiative,” which is designed to protect the rights of employees “by preventing their misclassification as independent contractors or other nonemployee statuses.” Wisconsin is the 19th state to sign a Memorandum of Understanding (MOU) with the DOL for the purpose of sharing information and coordinating enforcement regarding employee classification. The MOU between the DOL’s Wage and Hour Division and Wisconsin’s Department of Workforce Development has an initial term of three years.
Franczek Radelet P.C • March 15, 2011
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 booksâ€”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.