In November 2020, the Common Council for the City of Madison, Wisconsin, passed ordinances decriminalizing the possession and use of small amounts of cannabis or cannabis derivatives within city limits.
Articles About Wisconsin Labor And Employment Law.
New Separation Notice Requirement for Wisconsin Employers
Beginning November 2, 2020, Wisconsin employers will be required to notify workers at separation about the availability of unemployment insurance (UI) benefits pursuant to an emergency rule recently issued by the Department of Workforce Development (DWD).
New Wisconsin Unemployment Insurance Charging Process Requires Immediate Employer Action
In mid-April, the Wisconsin legislature enacted Act 185, making a host of changes to the state unemployment insurance (UI) program. One particularly helpful change for Wisconsin employers ensured that the cost of initial UI benefit claims filed for weeks after March 12, 2020 and before December 31, 2020 would
Wisconsin Becomes a Hotbed for ERISA Class Action Claims
In recent months, Wisconsin federal courts have witnessed a dramatic increase in class litigation raising breach of fiduciary duty claims under the Employee Retirement Income Security Act of 1974 (ERISA). These claims target sponsoring employers and individuals who oversee plan investments and plan fees for employer-sponsored 401(k) plans.
Wisconsin Masks Up: Governor Evers Issues Statewide Face Covering Order
On July 30, 2020, Wisconsin joined 31 other states—including Alabama, California, and Pennsylvania—with a statewide face covering order. Governor Tony Evers issued Emergency Order #1, requiring all individuals in Wisconsin over the age of five and medically able to do so to don cloth face coverings (not including face shields
Wisconsin Supreme Court Invalidates State’s ‘Safer at Home’ Order
On May 13, 2020, the Wisconsin Supreme Court issued its decision in Wisconsin Legislature v. Secretary-Designee Andrea Palm, et al. and declared the state’s Safer at Home Order unlawful, invalid, and unenforceable, creating a rush by local jurisdictions to issue orders to prevent the spread of COVID-19, resulting in uncertainty
Wisconsin Supreme Court Strikes Down COVID-19 Safer-at-Home Order: Considerations for Wisconsin Employers
Last month, Wisconsin Department of Health Services (DHS) Secretary-Designee Andrea Palm issued Emergency Order No.
Wisconsin Economic Development Corporation Releases Reopening Guidelines
On May 8, 2020, the Wisconsin Economic Development Corporation (WEDC) published a series of general and industry-specific guidelines to assist businesses with reopening under Governor Tony Evers’s “Badger Bounce Back” plan. Guidelines are available for many industries, including agriculture, construction, entertainment/amusement, gym and fitness centers, hair and nail salons, hospitality/lodging,
Wisconsin Employers Making the Best of the Worst: Implementing a Work-Share Program
The unprecedented economic conditions brought about by the COVID-19 pandemic have forced many Wisconsin employers to implement layoffs, partial furloughs, pay reductions and other painful employment actions. With uncertainty surrounding the eventual reopening of businesses, other Wisconsin employers are starting to consider the same possibilities. Wisconsin very recently took dramatic legislative action via 2019 Wisconsin Act 185 to help workers and employers during this trying time.
New Wisconsin COVID-19 Law Includes Critical Employment Provisions
On April 15, 2020, the Wisconsin Senate convened for its first-ever virtual session to pass a COVID-19 relief package. Governor Tony Evers signed the bill moments later. The law does not include many of the employment-related provisions members of both political parties recently proposed, but the legislature could quickly reconvene and revisit those proposals. As Wisconsin employers know, the legislative and regulatory environment remains very dynamic. Below we summarize how 2019 Wisconsin Act 185 (Act 185) changes five key employment matters.
Wisconsin’s Safer at Home Order Prohibits Non-Essential Business, Travel
In response to the Coronavirus (COVID-19) pandemic, and a significant increase in confirmed COVID-19 cases in Wisconsin, Governor Tony Evers has issued Emergency Order # 12 to limit Wisconsinites’ activities. This is in addition to previous orders banning mass gatherings.
Wisconsin Supreme Court Holds State Law Precludes Pay for Normal Commute Time in Employer-Provided Vehicles
Reversing a decision of the lower appellate court, the Wisconsin Supreme Court has held that state law does not require employers to pay employees for routine commute time driving company-provided vehicles between the employees’ homes and their assigned jobsites.
New Wisconsin Governor Launches Worker Misclassification Enforcement Effort
Within his first few months of taking office, Wisconsin Governor Tony Evers has signaled a strong and clear focus on employers that have misclassified workers as independent contractors. On April 15, 2019, Governor Evers issued Executive Order 20 (EO), creating a joint task force of leaders from key state agencies, including the state’s Attorney General’s office, the Department of Revenue (DOR), and the Department of Workforce Development (DWD), with representation from the Unemployment Insurance, Equal Rights and Workers’ Compensation divisions.
Up in Smoke? New Wisconsin Governor Proposes Marijuana Legalization and Host of New Employment Laws
Wisconsin employers reviewing Governor Tony Evers’ very first budget proposal may be surprised by the number of the employment-related items. The substance of those proposals may also catch employers by surprise, with some observers viewing the Evers budget as an effort to erase the employer-friendly legacy of the former governor, Scott Walker. Presented to the state legislature on February 28, 2019, the Evers budget proposes more than a return to the pre-Walker era, however. If the new governor’s budget proposal is an indication of his legislative and enforcement priorities, Wisconsin employers should closely consider its specifics.
Wisconsin Supreme Court Ends Required Deference to State Administrative Agencies’ Interpretations, Allowing Employers to Push for Broader Review of Agency Decisions
The Wisconsin Supreme Court recently reversed its nearly half-century practice of deferring to state administrative agencies’ interpretations of the laws the agencies are responsible for enforcing. Based on the decision in Tetra Tech EC, Inc. v. DOR,1 Wisconsin courts need now only consider the agency interpretations’ persuasive value, but give them no deference. This shift likely will permit affected parties to more substantively challenge agencies’ interpretations of law in the state court system.
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