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 …
5 Signs of Age Discrimination
Age discrimination in employment is a very real problem. In 2017, the Equal Employment Opportunity Commission (EEOC) processed 18,376 charges alleging age discrimination. These charges represent 21.8% of the total number of employment discrimination and retaliation charges processed by the EEOC. As a Milwaukee Employment Attorney, I suspect that these statistics do not do justice to the pervasiveness of age …
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. …
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. …
Wisconsin Employment Law Basics – Constructive Discharge
Carroll Law Firm, SC is a Milwaukee area Employment Law Firm dedicated to fighting for the rights of employees throughout the State of Wisconsin. If you believe that your employer is engaging in employment discrimination, retaliation or creating or permitting a hostile working environment, it is always in your best interests to seek the advice of an employment attorney to …
Confidentiality When Seeking A Wisconsin Employment Attorney
I recently viewed an ethics seminar dealing with Wisconsin lawyers’ duty of confidentiality. As an employee rights lawyer, one of the hypothetical fact scenarios really hit home. As I remember it, the scenario was that John is an attorney at a firm. He practices employment law in Milwaukee including representing employees in cases of employment discrimination, sexual harassment and retaliation. …
Wisconsin Employment Law Basics – Employment At Will
Carroll Law Firm, SC is a Wisconsin Employment Law Firm representing employees, professionals and executives. From offices in Brookfield, Wisconsin, Carroll Law Firm, SC, provides superior Employee Rights legal representation to employees in Milwaukee County, Waukesha County and throughout the entire State of Wisconsin. This article is the first in a series of articles which focus on providing Wisconsin employees …
EEOC’s Strategic Enforcement Plan for 2013-2016 Targets Severance Agreements That Prohibit Employees From Exercising Rights
Wisconsin employment law attorneys who focus on employee rights are often called upon to review severance or separation agreements proposed by employers. At the time of termination, some employers offer severance or separation agreements to employees which provide typically rather modest monetary benefits in exchange for the employee’s release of potential claims against the employer and other terms usually including …
7th Circuit Upholds Award of $325,000 in Attorney’s Fees to FMLA Plaintiff
On September 19, 2014, the Seventh Circuit Court of Appeals issued a decision in Cuff v. Trans States Holdings, Inc. The case involved an employee who was discharged for taking leave covered by FMLA (Family Medical Leave Act) after his employer denied his FMLA request. The case involved issues concerning when an employer is considered a joint employer such that …