Wisconsin - General

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).

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,

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

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

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 COVI

Last month, Wisconsin Department of Health Services (DHS) Secretary-Designee Andrea Palm issued Emergency Order No.

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, constru

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

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 le

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.

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.

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

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-friendl

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 agen

The Wisconsin Supreme Court recently overturned a longstanding line of cases that allowed disabled employees to prevail in discrimination cases without proving the employer intended to discriminate or was even aware that the employee was disabled. On June 26, 2018, the Wisconsin Supreme Court issued

In recent years, cities, counties, and other local government bodies across the country have enacted ordinances increasing the minimum wage, granting paid and unpaid sick leave, placing restrictions on how employees are scheduled, and requiring employers to enter into “labor peace agreements” with u

On January 19, 2018, a divided Wisconsin Supreme Court held that an employee non-solicitation covenant was overly broad and unenforceable under state law. In the decision, entitled The Manitowoc Company, Inc. v. Lanning, Case No. 2015AP1530 (Wisc. Jan. 19, 2018), the Court confirmed Wisconsin Statut

The Wisconsin Court of Appeals recently reaffirmed long-standing precedent holding that employment-at-will agreements may not be modified by a policy or procedure unless it contains an express provision demonstrating that the parties intended to be bound by something other than the established at-wi

A bill recently proposed in Wisconsin could seriously change litigation strategy and settlement considerations for many employment claims filed with state agencies. Assembly Bill 64 would amend the Wisconsin Fair Employment Act (“WFEA”), the Wisconsin Family and Medical Leave Act (“WFMLA”), and the

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.