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Wisconsin - General

Articles Discussing General Topics In Wisconsin Labor & Employment Law.

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Wisconsin Supreme Court Weighs in on the Compensability of Pre- and Post-Shift Work

Littler·

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 (“Hor

Wisconsin Eases, But Does Not Eliminate, the One Day of Rest in Seven Law

Littler·

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 eve

Unions Sue to Stop Wisconsin’s New Right-to-Work Law

Jackson Lewis P.C.·

The day after Wisconsin Governor Scott Walker (R) signed the state’s new right-to-work act, unions struck back with a complaint and a motion for a restraining order and temporary injunction. Three unions in Wisconsin, the International Association of Machinists and Aerospace Workers (“IAM”) District

Wisconsin Becomes 25th Right-to-Work State

Jackson Lewis P.C.·

The Wisconsin State Assembly has voted to make Wisconsin the 25th right-to-work state in the country.

Wisconsin Becomes Next "Right to Work" State

Littler·

On March 6, 2015, Wisconsin’s State Assembly approved legislation that will make Wisconsin the 25th “Right to Work” state in the country. Governor Walker has said he intends to sign 2015 Assembly Bill 61 into law within days. The legislation significantly modifies Chapter 111 of the Wisconsin Statut

Employer Violated Wisconsin FMLA When it Terminated Unauthorized Worker who Took Medical Leave

Littler·

A Wisconsin court of appeals was not swayed by a recent argument that an employer did not violate the Wisconsin FMLA when the employer terminated an employee returning from medical leave for lacking work authorization. In Burlington Graphic Systems, Inc. v. Department of Workforce Development, Appea

Wisconsin Limits Employers’ Access to Personal Social Media Accounts of Employees, Job Applicants

Jackson Lewis P.C.·

Adopting restrictions on employers’ ability to access the social media accounts of employees and job applicants, Wisconsin has joined 12 other states with similar restrictions.

Wisconsin Adopts Password Protection Law

Littler·

Wisconsin has become the thirteenth state to enact a law limiting the circumstances under which employers may request or require access to the personal internet accounts of applicants and employees. The 2013 Wisconsin Act 208,1 which amends the Wisconsin Fair Employment Act (WFEA) and will be enforc

Wisconsin Introduces Legislation Prohibiting Workplace Discrimination Based on Seasonal Flu Vaccination Status

Littler·

While some states are clamoring for stricter laws concerning mandatory influenza vaccinations, some lawmakers in Wisconsin have taken the opposite approach. A public hearing was held on November 13, 2013 regarding Assembly Bill 247, which would prohibit Wisconsin employers – including healthcare emp

New Wisconsin Law on Restraint and Seclusion of Pupils in Public Schools

Jackson Lewis P.C.·

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 pr

Wisconsin Legislature Passes Bill Curbing Damages under Anti-Discrimination Law

Jackson Lewis P.C.·

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 t

Legislation Eliminates Compensatory and Punitive Damages Under the Wisconsin Fair Employment Act

Littler·

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 Govern

Wisconsin Employment Law Watch: Legislature Considers Making “Credit History” a Protected Class

Jackson Lewis P.C.·

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

Wisconsin Employment Law Watch: Legislature Weighs Curbing Damages under Anti-Discrimination Law

Jackson Lewis P.C.·

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 Senate Considers Bill to Penalize Employers for Employing Unauthorized Workers

Jackson Lewis P.C.·

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 b

Wisconsin’s New Concealed Carry Weapons Law Applies to Employers

Jackson Lewis P.C.·

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, th