On April 23, 2024, by a vote of 3-2, the Federal Trade Commission (“FTC”) adopted a Final Rule (“Rule”) that imposes a comprehensive ban on non-compete agreements for nearly all U.S. workers. The Rule is slated to go into effect 120 days after publication, though it is already facing legal challenges, making its ultimate implementation […]
The Wisconsin Department of Workforce Development has adopted a new employer notice requirement relating to unemployment insurance benefits for separating employees. Employers must begin to give this notice to separating employees beginning on November 2, 2020. The new notice is in addition to the employer’s existing obligation to post notices in the workplace about unemployment insurance benefits. The […]
With Election Day less than a week away, it is a great time to review Wisconsin law allowing employees time off from work to vote on Election Day. Wisconsin’s law on this is found at Wisconsin Statute §6.76, which provides the following rights and obligations: Eligibility: To be eligible for time off for voting, an […]
In last week’s blog article, we addressed several issues that employers will want to consider as they return employees to the workplace. This article continues that thinking by reviewing considerations and legal issues that may arise as employers: (i) confront COVID-19 related absences; (ii) have a need to reduce hours or require employees to take […]
Employers have a legal obligation to provide a safe workplace free from recognized hazards that could cause serious injury or death. Employers should be giving thought to how they will prepare the workplace for the safe return of employees now that the Safer-At-Home Orders are no longer in effect. An employer’s return-to-work plan will depend […]
On March 24, 2020, the Department of Labor issued an Employer Fact Sheet and Questions and Answers related to the Families First Coronavirus Response Act (FFCRA). Most of this guidance is consistent with the information we previously shared with you. However, there are a few important clarifications provided in this guidance that we want you […]
The Families First Coronavirus Response Act (“FFCRA”) was enacted into law on March 18, 2020. There are two separate sections of the FFCRA that apply to private employers with fewer than 500 employees and to public entities employing 1 or more employees. The law provides unpaid and paid family leave and additional paid sick time […]
In order for an employee to be classified as exempt from payment of overtime, the employee must be paid at a specific salary level and must meet legally specified duties tests under both state and federal law. Last September, the U.S. Department of Labor issued a final rule which will increase the salary requirements that […]
When employers are burned by a former employee who starts a competitive business, solicits key customers, and/or uses confidential information gained from the former employment, they may seek resolve by requiring their employees to sign restrictive covenant agreements (commonly known as “non-compete agreements”). These agreements are often drafted, signed, and then filed away in the […]
Several months ago, I wrote a blog article on the #Metoo Movement and sexual harassment in the workplace. Clients often ask about romantic relationships in the workplace. Are these unlawful? What are the risks? Well, that depends on the situation. If the relationship is truly consensual, then it would not run afoul of the federal […]