Ogletree Deakins • August 30, 2016
In a case of first impression, the Wisconsin Court of Appeals held that anti-poaching provisions in post-employment restrictive covenants are subject to the statutory regulations that govern noncompete agreements in Wisconsin.
Jackson Lewis P.C. • August 22, 2016
Analyzing an anti-poaching agreement as a non-compete agreement, a Wisconsin Court of Appeals has confirmed that a former employee’s agreement not to solicit other employees may be void and unenforceable if it is too broad. The Manitowoc Company v. Lanning, No. 2015AP1530 (Wis. Ct. App. Aug. 17, 2016). The decision offers an analysis for determining when an anti-poaching agreement goes beyond protecting the employer’s legitimate interests and becomes an unreasonable restraint of trade.
Fisher Phillips • July 07, 2016
A recent decision from the Eastern District of Wisconsin, Schetter v. Newcomer Funeral Service Group, Inc., presented a smorgasbord of juicy noncompete issues, including:
Ogletree Deakins • May 16, 2016
Effective July 1, 2016, Wisconsin law will require covered employers to provide eligible employees with up to 6 weeks of unpaid leave in a 12-month period to undergo and recover from bone marrow or organ donation procedures. Previously, only employees of the Wisconsin state government were entitled to leave for such donations.
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A new Wisconsin law has repealed the state’s prohibition (which has existed for more than 50 years) on manufacturing, selling, transporting, purchasing, or possessing a switchblade and which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.