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Employee or Independent Contractor: Are You Sure? You Need to Be

Posted on September 8, 2010 by

A new law will take effect January 1, 2011, that increases the enforcement authority of the Wisconsin Department of Workforce Development (the “DWD”) related to the classification of workers as either employees or independent contractors. The law affects employers and employees as each are defined pursuant to the Wisconsin employment regulations, minimum wage law, workers’ […]

New Requirements for Federal Contractors and Subcontractors

Posted on September 8, 2010 by

President Obama has signed Executive Order 13496, Notification of Employee Rights Under Federal Labor Law. Pursuant to this order, the Department of Labor issued its final regulations which contain important requirements for employers with federal government contracts and subcontracts. The regulations pertain to employee rights under the National Labor Relations Act and require both notice […]

Schill v. Wisconsin Rapids School District: Update

Posted on August 3, 2010 by

You have likely heard of the Wisconsin Supreme Court’s decision issued on July 16, 2010, in Schill v. Wisconsin Rapids School District, 2010 WI 86 (7/16/10). In this decision, the Supreme Court ruled that Wisconsin’s Public Records Law does not require the disclosure of employee personal e-mails that are sent and received by a public […]

Go Figure: The Rule of Reason Prevails

Posted on August 3, 2010 by

The Wisconsin Court of Appeals in Selmer Company v. Timothy Rinn and Ganther Construction, Inc. (“Selmer Company”) recently addressed whether restrictive covenants, such as non-solicitation and non-compete provisions, in agreements other than employment agreements are subject to Wisconsin’s statute governing restrictive covenants. In Wisconsin, most restrictive covenants arising from an employment arrangement are governed by […]

Wisconsin Courts Set Forth Clarifying Law Regarding Enforceability of Employee Non-Compete Agreements

Posted on July 14, 2010 by

Enforcing non-compete provisions in employment agreements is of the utmost concern to employers when attempting to protect their business from former employees. However, because a non-compete provision is considered a “restrictive covenant,” they are disfavored by the courts and construed in favor of employees. Further, a non-compete provision can only impose a limitation to the […]

Wisconsin Goes Smoke Free – Are You Ready?

Posted on July 5, 2010 by

Wisconsin recently adopted a law that will impact many employers in the state, both private and public. The new law, 2009 Wisconsin Act 12, prohibits smoking in most private and public places. The law takes effect on July 5, 2010. Until then, Wisconsin’s current Clean Indoor Air Act will remain in effect, as well as […]

DOL Opinion Expands FMLA Leave Rights

Posted on June 25, 2010 by

The Federal Family Medical Leave Act entitles an employee up to 12 weeks of leave for the birth or adoption of a son or daughter, or to care for a son or daughter with a serious health condition. The definition of a “son or daughter” includes not only a biological or adopted child, but also […]

U.S. Supreme Court Rules That a Two Member National Labor Relations Board Lacked Authority to Issue Decisions

Posted on June 18, 2010 by

On Thursday, June 17, 2010 the U.S. Supreme Court ruled that the National Labor Relations Board (NLRB) did not have authority to issue any decisions during the period January 1, 2008 through March 27, 2010. During that 27- month period, the NLRB operated with only two members. Normally, the NLRB is a five-member board. In […]

Follow Up: Wisconsin Goes Smoke-Free – Are You Ready?

Posted on June 7, 2010 by

We have had many inquiries with regard to the alert we issued late last week referencing Wisconsin s new smoke-free law titled Wisconsin Goes Smoke Free – Are You Ready?. In light of those inquiries, we are providing a copy of the newly revised statute that was created by 2009 Wisconsin Act 12. The statute […]

Plan/Prevent/Protect – The New Strategy to Enforce Compliance with Federal Employment Laws

Posted on May 21, 2010 by

On April 26, 2010, the Department of Labor (“DOL”) announced a new program to enforce compliance with federal employment laws. The program is one of President Obama’s initiatives. The program, entitled “Plan/Prevent/Protect,” will allow the DOL to leverage its limited resources by shifting the burden of proving compliance to the employer. While this program has […]