Related to: Municipal/Public Sector

Dane County Judge Issues an Outlier Decision to Strike Down Wisconsin’s Right to Work Law

On Friday, April 8, 2016, a Dane County Circuit Court judge struck down Wisconsin’s Right to Work law, thirteen months after the law first took effect in the state. In his opinion, Judge William Foust held that Wisconsin’s Right to Work law is an unlawful taking that violates the Wisconsin Constitution because the law obligates…

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New Federal Court Decision Addresses Bonus Systems and FLSA Overtime

Earlier this month, a federal judge issued a decision that could have significant financial implications for employers. The case involved the calculation of the overtime rate under the Fair Labor Standards Act (FLSA) and whether merit bonuses and other forms of compensation must be included in the calculation of the rate of pay for FLSA…

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EEOC Loses Challenge to Workplace Wellness Program

A federal district court in Wisconsin recently dismissed one of the U.S. Equal Employment Opportunity Commission’s (“EEOC”) well-publicized attacks on employer wellness programs. Our earlier legal updates regarding this case and some other EEOC challenges can be found here: August 2014 Legal Update and October 2014 Legal Update. In EEOC v. Flambeau, Inc., No. 14-cv-638…

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Wisconsin Budget Bill Creates New Standard for Union Organizing

Under Act 10, public sector unions must recertify annually by obtaining the support of at least 51% of all employees within the bargaining unit. If the union fails to receive such support, it will be decertified and one full year must pass prior to any union attempt to re-organize. After the one-year period expires, the…

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