On May 20, 2021, the Wisconsin Supreme Court limited the tort claims an employee may bring based on alleged conduct that occurred between injuries covered under the state’s workers’ compensation law. The opinion in Graef v. Continental Indemnity Company may support employer arguments to limit employment-related litigation claims brought by
Articles Discussing General Topics In Wisconsin Labor & Employment Law.
Wisconsin Legislature Expressly Authorizes Electronic Tip Declarations
Like the federal Fair Labor Standards Act, Wisconsin law allows hospitality employers to pay certain tipped employees less than the minimum wage with the understanding that the tips they receive will cover the difference. More specifically, Wisconsin law allows employers to claim a tip credit of up to $4.92 per
Wisconsin Wage and Hour Law: Rounding Employee Time
Wage and hour claims, particularly those asserting class or collective violations, comprise a significant percentage of employment law claims across the country, and Wisconsin is no exception. Improper rounding and other timecard policies frequently are the culprit in such claims against employers.
Wage and hour lawsuits, whether individual or class/collective
Wisconsin Joins States Providing Civil Immunity Related to COVID-19 Exposure
On February 25, 2021, Wisconsin joined Alabama, Georgia, Indiana, Iowa, Louisiana, Michigan, Mississippi, Missouri, Montana, North Carolina, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and Wyoming in enacting a COVID-19 litigation shield law. Governor Tony Evers signed a bill providing entities broad immunity from “civil liability for the death
New Wisconsin Law Provides Immunity from COVID-19 Liability, With Limited Exceptions
On February 25, 2021, Wisconsin enacted a new law designed to help reduce ambiguity regarding COVID-19-related liability. The statute (Wis. Stat. § 895.476), which became effective on February 27, 2021, gives certain entities broad immunity from civil liability related to COVID-19 unless they acted recklessly or engaged in wanton conduct or
Wisconsin Passes COVID-19 Civil Liability Exemption for Employers
Businesses, schools, nonprofits, and other employers in Wisconsin are protected from COVID-19 litigation under 2021 Special Session Senate Bill 1, signed into law as 2021 Wisconsin Act 4 by Governor Tony Evers on February 26, 2021. Section 8 of the new law provides employers some of the most expansive COVID-19 civil liability protections in the country.
Madison Takes ‘Pot’shot at Wisconsin, Joins Growing List of Municipalities to Decriminalize Cannabis
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.
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.
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