On April 2, 2018, the United States Supreme Court fundamentally changed the way Courts will interpret the Fair Labor Standards Act (FLSA) in future cases. The FLSA is a federal employment law relating to wage and hour issues in the workplace including establishing a minimum wage and employee eligibility for overtime pay. With respect to overtime pay, the FLSA starts …
Wisconsin Supreme Court Confirms Non-Solicitation Of Employee Clauses Are Non-Compete Agreements
Updating a previous Non-Compete Agreement Law post, on January 19, 2018, the Wisconsin Supreme Court issued a decision in Manitowoc Company v. Lanning affirming the Court of Appeals’ decision that Wisconsin’s non-compete statute, §103.465, Wis. Stats, applies to employment contracts which prohibit an employee from soliciting other employees to terminate their employment relationship with the employer. Although not labeled as a non-compete agreement, the …
The Department Of Justice Argues Sexual Orientation Discrimination Is Not A Form Of Gender Discrimination
Earlier this year, the Seventh Circuit Court of Appeals issued a landmark decision holding that employment discrimination on the basis of one’s sexual orientation is a form of gender discrimination prohibited by Title VII of the Civil Rights Act of 1964 as amended. The decision was considered earth shattering because it was the first time that any federal appellate court …
Top 5 Signs Of A One-Sided Severance Agreement
As a Milwaukee Employment Attorney, I am often asked to review proposed Severance Agreements for employees, professionals and executives. As these agreements almost universally contain a release of claims, the first, and most important step is to evaluate what employment law related claims the employee will be releasing by signing the agreement. One cannot determine whether the monetary consideration provided …
Seventh Circuit Holds Title VII Prohibits Sexual Orientation Discrimination
In a landmark decision earlier today the Seventh Circuit Court of Appeals ruled that prohibition on sex discrimination in Title VII of the Civil Rights Act of 1964 prohibits sexual orientation discrimination in the workplace. The Seventh Circuit is the first federal appellate court to make such a ruling. The 8-3 decision, prohibiting employment discrimination on the basis of sexual …
Severance Agreements – Frequently Asked Questions
What is a Severance Agreement? A severance agreement is a written contract between an employer and an employee which typically provides the employee with monetary compensation and/or a continuation of benefits at the end of the employment relationship in exchange for the employee’s release of claims they may have against the employer. Is My Employer Required To Offer Severance? Maybe. …
7 Tips for Sexual Harassment Victims
As a Milwaukee Sexual Harassment Attorney, I often meet with potential clients who are or have been victims of sexual harassment in their employment. This edition of my Wisconsin Employment Law Basics series of articles provides 7 tips for victims of sexual harassment. There are state and federal laws that prohibit sexual harassment in the workplace and protect employees from …
Wisconsin Court Of Appeals Strikes Down Enforceability Of Non-Solicitation Agreement
In a recent decision, Manitowoc Company v. Lanning, the Wisconsin Court of Appels struck down a Non-Solicitation agreement as an unenforceable restrictive covenant under §103.465, Wis. Stats, Wisconsin’s Restrictive Covenants/Non-Compete statute. In Wisconsin, despite what appears to be a case law trend to the contrary, Non-Compete Agreements are disfavored under the law and subject to close scrutiny by the Courts. …