Articles About Wisconsin Labor And Employment Law.

A measure that provides specific guidance on the use of seclusion and physical restraint of pupils in Wisconsin’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 child’s behavior presents a “clear, present, and imminent risk to the physical safety of the pupil or others.” In addition, such measures must represent the “least restrictive” intervention and may last only as long as reasonably necessary to resolve the problem.

A bill has been passed by both houses of the Wisconsin legislature that would repeal the right of successful complainants to receive an award of compensatory and punitive damages in circuit court under the Wisconsin Fair Employment Act. Senate Bill 202, introduced September 27, 2011, was passed by the Senate on November 3, 2011, on a straight party-line vote of 17-16. The bill was passed by the Assembly on February 21, 2012, by a vote of 60-35. Wisconsin Governor Scott Walker is expected to sign the bill.

On February 21, 2012, the Wisconsin Assembly passed legislation that would eliminate compensatory and punitive damage awards as potential remedies for violations of the Wisconsin Fair Employment Act (WFEA). The bill passed the Senate in November 2011 and is expected to be signed by Republican Governor Scott Walker. The law would repeal 2009 legislation, which provided for compensatory and punitive damages under a capped scheme similar to Title VII.

A bill has been introduced in the Wisconsin Assembly that would add “credit history” to the list of classes protected from discrimination under the Wisconsin Fair Employment Act. Assembly Bill 350 was introduced on October 31, 2011. This development follows the introduction of a bill addressing arrest and conviction record discrimination in Wisconsin. (See our article, Wisconsin Employment Law Watch: Legislature to Consider Conviction Record Discrimination Bill.)

A bill has been introduced in the Wisconsin Assembly that would repeal the right of successful complainants to receive an award of compensatory and punitive damages in circuit court under the Wisconsin Fair Employment Act. Assembly Bill 289 was introduced on September 29, 2011.

Wisconsin employers that hire employees not legally authorized to work in the United States may risk tough new penalties should Senate Bill 137 become law. The bill, in its current form, does not distinguish between employment of an unauthorized person that is intentional or unintentional. Another bill under consideration, Senate Bill 151, on the other hand, would allow employers to pay their employees for making a customer or client referral. Currently, an employee who receives such payment may be prosecuted under Wisconsin’s gambling statute for a Class B misdemeanor. We discuss the bills below.

Wisconsin will join the 48 other states that allow individuals to carry concealed firearms and other weapons in most places when Governor Scott Walker signs SB93 on July 8, 2011. “Weapons” include handguns, electronic tasers, billyclubs, and knives. If a permit is required, such as for a gun, the permit holder must have gone through training.