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Showing 7 posts in Wisconsin.

Employee May Proceed with Claim Her Employer Led Her to Believe She Could Take FMLA Leave Before She Qualified

Employers cannot force employees to take medical leave before they become eligible for FMLA leave. Nor can they lull an employee into believing they will be granted leave despite being ineligible, then terminate when they take leave. This seems like common sense, right? Hopefully so, but a recent Wisconsin district court case reminds us common sense does not always prevail in the workplace. More ›

Wisconsin Supreme Court Mints New Test for Determining Discriminatory Intent in Disability Cases

In a huge win for Wisconsin employers, the Wisconsin Supreme Court rejected the longstanding version of the inference method followed by the Labor Industry Review Commission (LIRC) to determine intent in disability discrimination cases involving conduct that manifests from the employee’s disability. It replaced LIRC’s method with a two-part inquiry that requires employees to prove (1) the employer took an adverse employment action against him or her because of conduct caused by his or her disability, and (2) the employer knew the employee’s conduct was caused by his disability. More ›

Wisconsin Eliminates Permitting Requirements for 16- and 17-Year-Old Workers

Governor Walker signed Assembly Bill 25 (2017 Wisconsin Act 11) on Wednesday reducing burdens carried by employers that rely on teenage labor.  The law became effective June 23, 2017. More ›

Seventh Circuit Opinion Highlights Importance of Proactively Addressing and Documenting Employee Performance

Every employer has faced the unfortunate experience of hiring an employee whose performance fell well below expectation. As highlighted in the Seventh Circuit’s recent Ferrill v. Oak Creek-Franklin Joint School District decision, employers faced with poor performing employees should carefully address and document such shortcomings to ward off potential Title VII charges. More ›

Whistle while you work… on getting dressed: Wisconsin Supreme Court rules Hormel employees to be paid for time putting on clothing and safety gear

Like most employers, Hormel Foods paid its employees from the time they punched-in to the time they punched-out. Prior to punching the clock, manufacturing employees were required to dress in a clean white jumpsuit, boots, hard hat, eye protection, hearing protection, and hair net. The reverse process was repeated after the employees punched out at the end of their shift. Each employee spent almost six minutes per day off the clock "donning" [putting on] and "doffing" [taking off] required clothing and equipment. More ›

Wisconsin Supreme Court: Continued Employment is Lawful Consideration for a Non-Compete

On April 30, 2015, the Wisconsin Supreme Court took a stand on a hot-button for employers by holding that continued at-will employment is legal consideration that will support a reasonably drafted restrictive covenant signed by a current employee. Runzheimer International, Inc. v. Friedlen, 2015 WI 45. More ›

Employer not Obligated to Substitute paid Disability Leave for Unpaid Leave under Wisconsin FMLA if Employee does not Qualify as Disabled Under Plan

Wisconsin's Family Medical Leave Act (WFMLA) requires that employers allow their employees six weeks of unpaid leave following "[t]he birth of an employee's natural child." Wis. Stat. §103.10(3). The Act's substitution provision requires employers to allow an employee to substitute "paid or unpaid leave of any other type provided by the employer" for the unpaid leave provided by the statute. Id. §103.10(5)(b). In Sherfel v. Nelson, the Plaintiff, Joan Sherfel, exhausted her short-term disability benefit following the birth of her child. She then requested and was provided additional leave under the WFMLA. When Ms. Sherfel asked to substitute paid short-term disability leave for the unpaid WFMLA leave her employer refused because she was no longer short-term disabled as defined by the plan.  More ›

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