In good times and in bad, businesses and their employees face a variety of legal issues. Employers or employees need to be aware of Wisconsin employment law and labor laws.
This includes employment law that protects overtime pay, minimum wage requirements, discrimination, and harassment.
Businesses, in turn, must maintain a strict adherence to tax laws, the Wisconsin Fair Employment Act, the National Labor Relations Act, and other regulations in place at both the state and federal levels.
At Bakke Norman, our employer defense attorneys and employment lawyers have a combined 40 years of experience representing both employers and employees, allowing us the unusual advantage of understanding how both sides in the employment relationship think, work, and act.
For employers, we focus on a proactive approach to prevent problems from occurring in the workplace. Our attorneys offer full-service representation to employers with small businesses or large corporations, including the following legal needs:
Clear and concise employee manuals are an important part of ensuring that your company’s policies and procedures are compliant with current laws and regulations.
Compliance with applicable laws and regulations will provide peace of mind that your employee manual covers all of the required topics. For example, anti-discrimination, harassment, wage & hour, safety regulations, and other workers’ compensation.
If you are a business owner in Wisconsin, it is important to understand the legal tools available to you by using an employment lawyer in Wisconsin. This protection will safeguard your business from potential claims by employees and reduce your risk of being sued.
Our Eau Claire employment lawyers have an established record of successfully representing clients with employment issues and actions against current and former employers. We handle cases concerning:
Legal issues in the workplace are oftentimes related to wages and hours in one way or another. Wages and hours are often one of the most debated concepts in any workspace.
How so? It can result in cases related to overtime pay, what breaks you may take, travel time, commissions, “on-call” work and pay, bonuses, paid time off, and other matters. It could also include classification issues, such as what you are entitled to as an employee vs. an independent contractor.
Wisconsin law has clear laws about fair wages and what is considered appropriate compensation. This is on both a state and federal level. The Wisconsin Department of Workforce Development enforces regulations on minimum wage, overtime pay, and record keeping requirements.
Most employees must receive at least the state minimum wage of $7.25 per hour, with overtime pay at a rate of 1.5 times their regular wage for any hours worked over 40 in a workweek. Additionally, employers must maintain accurate records of hours worked and wages paid to ensure compliance. An employment lawyer will be able to discuss your records with you and help you understand if something incorrect occurred.
Equal pay is an important American right. ALL employees must receive equal pay for equal work. The Equal Pay Act is designed to ensure that all employees receive equal pay for equal work, regardless of gender. The law covers all aspects of compensation, including the following:
If you feel like you haven’t been fairly treated, you have rights! The time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: two years. In the case of a willful violation, the time limit changes to within three years. If an employer is found to violate the Equal Pay Act, they may be required to compensate the affected employee for back pay and other damages.
If you are disabled and can perform the essential functions of your job, with or without accommodation, Wisconsin state law prohibits discrimination against you. This brings up many questions. What actions are considered discrimination?
What is “reasonable accommodation” and when should you request it? Is your employer allowed to ask about your disability? If you have questions or suspect that someone has discriminated against you, contact us today. The statute of limitations for violation of disability is 300 days from the incident, or from when you were made aware. Be sure to contact an employment lawyer before then.
Wisconsin has what is known as the Family and Medical Leave Act (FMLA.) This state law provides employees with the right to take job-protected leave for specific family and medical reasons.
Under FMLA, eligible employees may take up to six weeks of unpaid leave in 12 months for the birth or adoption of a child, up to two weeks for the serious health condition of a parent, child, or spouse, and up to two weeks for the employee’s serious health condition.
The FMLA ensures that employees can return to their same or an equivalent position after their leave, with continued benefits, and without losing seniority or employment rights. The statute of limitations for filing a complaint under this act is 30 days.
Take action and contact us immediately if you believe your rights have been infringed.
Discrimination in the workplace is illegal under both Wisconsin state law and federal law. The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against employees or job applicants based on protected characteristics such as race, color, national origin, sex, age, disability, religion, sexual orientation, marital status, and more.
Discrimination can manifest in various ways, including hiring practices, promotions, pay disparities, job assignments, and terminations. If you believe you have been subjected to discrimination at work, our knowledgeable Wisconsin employment lawyers are here to help you understand your rights and pursue justice on your behalf.
Sexual harassment is an extremely serious offense and accusation. Nevertheless, it still happens. One study found that 1 in 7 women and 1 in 14 men have found different jobs as a result of sexual harassment. Sexual harassment in the workplace is a serious violation of both Wisconsin state law and federal law.
It includes ANY unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or intimidating work environment.
Under the WFEA, sexual harassment, protecting employees from both quid pro quo harassment, where job benefits are conditioned on sexual favors, and hostile work environment harassment, where pervasive or severe conduct interferes with an employee’s work performance or creates an offensive atmosphere are all illegal.
Even making certain comments are classified as sexual harassment. If you’ve been made to feel uncomfortable, speak to us today for a confidential consultation.
Being fired is extremely frustrating. But being fired for a bad reason is even worse. Wrongful termination is when an employee is fired for an illegal reason. But isn’t Wisconsin an “at-will” state?
Technically yes, while employers can generally terminate employees for any reason or no reason at all. However, when does termination become wrongful?
Wrongful termination occurs when an employee is fired for any unlawful reason. It is illegal to terminate an employee for discriminatory reasons, such as race, gender, sexual orientation, age, religion, or disability, or in retaliation for reporting illegal activities, exercising their rights under labor laws, or filing a workers’ compensation claim.
Many times, wrongful termination turns into a he-said, she-said situation, which can be hard to prove. It’s important to have the right employment lawyer on your side.
We put a certain amount of trust into the organizations we work for. We know that we will work hard to provide for our family, and in turn, be treated with respect. Unfortunately, this is not always the case. Retaliation in the workplace occurs when an employer takes adverse action against an employee for asserting their rights or reporting discrimination or harassment.
This doesn’t just include wrongful termination, but rather demotions, pay cuts, job reassignments, or wrongful termination. Retaliation not only undermines an employee’s rights but also creates a chilling effect on the workplace, discouraging others from speaking out. If you have experienced retaliation after standing up against discrimination or exercising your legal rights, we understand your frustration. Let’s fight together.
The Employment dispute specialists at Bakke Norman Law Firm are committed to providing proactive legal services for you or your business. Employment law attorney, Dave Schoenberger, has successfully handled employment discrimination and civil rights cases in state and federal courts in Northwest Wisconsin for over 20 years.
Bakke Norman Law Firm has offices in New Richmond, Menomonie, Baldwin, and Eau Claire, Wisconsin. If you are a business or employee with legal questions or concerns, contact us at the Bakke Norman office nearest to you.
