Human Resources departments are central to most employment litigation. Lawsuits often stem from allegations that HR failed to address complaints of discrimination, harassment, or retaliation, or that they actively contributed to a hostile work environment. In other instances, HR involvement arises from their efforts to remediate a situation following an internal complaint. Hostile Work Environment and Retaliation Many lawsuits arise when an employee is subject to a hostile work … [Read more...]
Employment Law Articles
Wisconsin Employment Law Articles Covering Employee Issues - Including Long Term Disability Benefits, Employment contracts, Employment discrimination, Employment benefits and wages, Wrongful termination & Retaliation and Employee rights.
Construction Industry Wage Theft
Wage theft is pervasive in the construction industry, especially in subcontracting-intensive sectors where oversight is often limited. These practices—ranging from unpaid overtime to withheld wages—impact thousands of workers, many of whom fear retaliation for reporting such abuses. Fair Labor Standards Act It is important to know the law in order to protect your rights as a worker, whether you are in construction or another induestry. The FLSA (Fair Labor Standards Act) is the … [Read more...]
Fired After Taking FMLA Leave Caregiver Discrimination
According to recent studies, approximately 63 million American adults are family caregivers representing 1 in 4 of all U.S. adults. Many family caregivers (60-70%) who care for a sick or disabled family member are employed, translating into tens of millions of U.S. employees balancing jobs with caregiver responsibilities. It is not uncommon for an employee in this situation to request FMLA medical leave care for a sick or disabled family member, whether it is a few hours at a time to go to a … [Read more...]
Weaponizing PIP for Employment Termination
While framed as a tool to encourage improvement, PIPs may serve as a precursor to further discipline or dismissal. In an employment law context, a Performance Improvement Plan (PIP) is a formal, written document employers use to address an employee’s perceived performance deficiencies; a PIP typically details specific shortcomings, sets measurable improvement goals, provides resources or support, and warns of consequences—such as termination—if the employee fails to meet expectations. PIPs … [Read more...]
Executive Employment Contracts
A job candidate with highly sought-after skills, advanced education, and significant experience is strongly advised to have an employment law attorney review (and often negotiate) their employment contract (or offer letter) before signing on with a new employer. This is especially true if the role involves complex compensation (e.g., bonuses, equity, and commissions), restrictive covenants/non-compete agreements, or certain responsibilities. Many executives, CEOs, and other high-level … [Read more...]
Wisconsin Multi Plaintiff and Class Action Discrimination
When there is a work culture where discrimination is widespread or unlawful practices go unchecked involving pay, benefits or leave - many employees may be affected leading one or more to seek legal advice. When the unlawful behavior is endemic, the case may qualify as a class action lawsuit. Most class actions (especially employment-related ones) start with one or a handful of individuals who feel they've been wronged and their attorney recognizes the potential for a much larger case, which … [Read more...]
Denied Pay and Overtime FLSA Violations
The Fair Labor Standards Act (FLSA) is a federal law protecting wages and hours for most American workers, enforced by the U.S. Department of Labor’s Wage and Hour Division. FLSA establishes: Denied Pay and Overtime FLSA Violations at a Glance Denied pay and overtime violations of the The Fair Labor Standards Act issues run the gamut. Common issues include failing to pay federal minimum wage, denying nonexempt employees overtime, requiring or allowing off the clock work without … [Read more...]
What is a Hostile Work Environment?
Unfortunately, all too many employees have experienced discrimination of one kind or another on the job, often making 'going to work' intolerable. The scenarios provided are not uncommon and may very well constitute a hostile work environment which is a specific type of unlawful harassment under federal statutes enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Key Requirements (all must be met): Examples of qualifying conduct (when tied to a protected … [Read more...]
Litigating Your Case in Federal Court Under the Family And Medical Leave Act
This paper addresses the legal technicalities and practical procedural steps involved in the litigation of a Family And Medical Leave Act (“FMLA”) case in federal court. When, Where, And How, to Start Suit Regarding procedure, an FMLA case must be brought within 2 years of the employer’s violation, or within 3 years if the employer’s FMLA violation was willful. Sampra v. DOT, 888 F.3d 330, 332 (7th Cir. 2018); 29 U.S.C. § 2617(c)(1). If the employer acted willfully, the statute of … [Read more...]
Trends in Workplace Retaliation Claims
According to recent EEOC reports, workplace retaliation claims under federal anti-discrimination laws (e.g., Title VII, ADA, and ADEA) remain high, and typically involve claims regarding adverse actions taken against employees for opposing discrimination or retaliation for participating in workplace discrimination investigations. Recent trends in EEOC filings highlight retaliation as a highly prevalent claim, often linked to adverse actions like termination or forced resignation … [Read more...]
