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Milwaukee Wisconsin Employment Law Blog

Wisconsin business takes wage dispute case to Supreme Court

A large company has had a busy year for legal cases. Epic, a corporation based in Wisconsin, appeared before the Supreme Court in early October to get a ruling about its preferred method for handling a wage dispute. In another case, the company had a reduction in the award, stemming from a trade secrets case. 

The wage dispute case is one that is trending across the country. Since the matter has reached the highest court in the land, the outcome will likely set a precedent that will be followed by other companies and defended in other courtrooms across the land. The hot topic on the table is the use of arbitration to settle wage disputes. 

Sexual harassment reporting takes courage, says Gretchen Carlson

A former Fox News anchor has spoken out about her experience with problems in the workplace. She claims that the former CEO of the media agency subjected her to sexual harassment. The case was later settled. In a recent statement to media, she expressed some opinions and feelings about the topic that workers in Wisconsin may find interesting. 

Ms. Carlson says that the way harassment has historically been handled can stifle the issue. A woman who speaks out against such workplace abuse faces not being believed, forced arbitration or settlements with gag orders. These practices can contribute to a person's inability to speak openly about the experience of the harassment or to gain support. 

Types of evidence to build a strong personal injury claim

Evidence is key to creating a strong personal injury claim. Evidence not only helps to prove fault, but it also shows the extent of financial loss and helps to solidify damages.

If you or a loved one is seeking to build a personal injury claim, you want to have the right evidence. There are a few types of evidence that will benefit any case.

Family and Medical Leave Act: Preventing interference

Federal law protects employees who have to take foreseeable or sudden leave from their jobs. A law called the Family and Medical Leave Act gives employees who meet certain qualifications up to 12 weeks of unpaid leave from the job every 12 months without endangering their employment status. If an employer in Wisconsin prevents an employee from taking FMLA, or retaliates against the employee for taking the leave, that is known as FMLA interference. 

An employer has a duty to inform employees of the FMLA guidelines per the U.S. Department of Labor. Typically, these policies are posted somewhere in the work environment and included in employee handbooks. An employee must inform the employer in as far advance as possible that FMLA will be used, and they must also follow any written or verbal reporting requirements as set by the employer. If the employee cannot inform the company directly, then it is permissible to send a family member or another person to give the FMLA notice. 

Wisconsin Walmart faces workplace discrimination accusations

It's the store that greets you with a friendly smile and a sticker. The giant retailer has a long history of employing older and disabled workers, but one location has been charged with failing to accommodate an employee's needs. A recent incident in a Wisconsin Walmart location has led to allegations of workplace discrimination due to the company's treatment of a long time employee. 

The male employee who brought the incident to light had been employed as a cart pusher for 16 years. He is considered a disabled person. His disabilities includes deafness and vision impairment. New reports did not reveal any previous employment issues concerning the man. 

Wisconsin gravedigger sues for wrongful termination

A person who reports the wrongdoing of others on the job should be protected from retaliation. The law supports this notion, and protections exist for whistleblowers. In Wisconsin, one man was fired from his job, he says, after reporting the improper conduct of his fellow employees. He has brought a lawsuit for wrongful termination against the deathcare company. 

The man, a third generation gravedigger, initially became upset when he noticed his co-workers reporting to work intoxicated. He reports that they were also performing shoddy work -- not digging holes deep enough, damaging drainage pipes and desecrating graves. The man went to his supervisor and reported the problems, and he was assured that the problems would be addressed. 

Good policy cuts down sexual harassment claims

An employer has a duty to ensure that employees feel safe in the workplace and that discrimination claims are taken seriously. Many employers make wise decisions when they anticipate issues beforehand and create workplace policies that protect individuals from sexual harassment. Businesses in Wisconsin and across the United States can take preventive measures to reduce unfair bias in the workplace. Employees can then depend on the company to enforce anti-discrimination and harassment measures so that the workplace remains a positive environment for all. 

Experts agree that the backbone of a harassment-free workplace is having good policies in writing. When an employer clearly defines what is and is not allowable, especially when the policy is tailored to the specific industry, all employees can understand what is expected from management and workers alike. The policy should set guidelines on how an incident is reported, and offer several points of contact in case the supervisor is involved in the complaint. The policy should share how a complaint is handled, and give a time frame for resolution. 

Properly establishing your employment retaliation case

Participating in discrimination and harassment is wrong in any setting, but in a workplace, it can create a hostile environment. Those who speak out against such acts should receive positive acknowledgements. However, in many cases employers may try to punish them.

If you find yourself being bullied in the workplace or have received some type of adverse reaction to you speaking out against discrimination or harassment at work, you may have an employment retaliation case. There are a few things you will need to understand and prove to establish your case.

A history of wage and hour laws in Wisconsin

The concept of the minimum wage stretches back over a hundred years in this country. Wisconsin jumped on the bandwagon early and has a rich history with wage and hour laws. From the meager beginnings of 22 cents an hour, to today's talks of a $15 an hour payout, the rules governing payments to employees have certainly evolved over the last century. 

While Wisconsin does not have the honor of being the first state to set a payment standard -- that one goes to Massachusetts -- they did join the seven other states just one year later in the year 1913. Employees enjoyed 10 years of earnings protections until the Supreme Court ruled all minimum wage laws unconstitutional in 1923. The Dairy State continued to offer protections against oppressively low rates, and the Supreme Court eventually reversed their opinion on earned income in 1937.

Workplace discrimination charges for Wisconsin care center

An employer should offer employees reasonable accommodations for their temporary disability needs. In fact, these types of adjustments are part of the law of the land in Wisconsin. Pregnancy is considered a type of temporary disability, so a company that offers light duty for other types of disabilities should also offer the same for its pregnant workers. One company is facing a workplace discrimination suit for allegedly violating a worker's rights to reasonable accommodations.

The woman was working at senior care center when she informed her employers that she was pregnant. Her physician had advised light duty due to her pregnancy, but instead of offering the light duty work she was fired. The company does offer light-duty work for other employees who become injured, but declined to offer the same to the pregnant employee.

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Toll Free: 800-416-5368
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Toll Free: 800-416-5368