Many Wisconsin employees wonder about their paid sick leave. Is there a state law that requires employers to give workers a specific number of days of paid sick time?

The answer is no. There is no Wisconsin law mandating the number of sick days a company is required to provide its employees. In fact, there is no law mandating paid sick days at all. Federal law doesn’t require paid sick time, either. Providing this benefit is strictly the choice of the individual employer.

There are ten states, though, where employers are legally obligate to pay workers for their accrued vacation time at termination. No laws exist in any states, however, that require the same for accrued sick leave. Even California, which has the toughest labor laws in the country, doesn’t mandate pay for accrued sick leave upon termination.

Employees are often surprised to find that employers are not legally obligated to provide paid sick leave. Many workers expect this benefit and feel the company “owes” it to them.

The majority of employers do offer paid sick leave as an employee benefit. They have the right to determine the number of days provided, and the procedure for taking sick leave. Once they offer the benefit, they can change it or cancel it at any time.

Employers will sometimes cancel paid sick leave as a benefit, because employees are abusing the privilege. Across the country, workers use their sick leave, when they aren’t sick, simply to take a day off. By revoking paid sick leave, the employer avoids paying employees using this leave as another vacation day.

Many companies have adopted a paid leave plan that negates sick leave being used as vacation. Paid Time Off (PTO) does not separate leave into vacation and sick, it simply provides employee with a certain amount of paid time off. The worker can use these days for any reason whatsoever. No more pretending to be sick to take a break from the job.

Many Wisconsin workers were entitled to a pay increase to $7.25 per hour in July, even though the state minimum wage remains $6.50 per hour.

For ten years, while the federal minimum wage sat at $5.15 an hour, members of Congress voted themselves raises that hiked their salaries by an average of $31,600 each.

That changed in 2007 with the Fair Minimum Wage Act of 2007. According to the new Act, the minimum wages of American workers were increased by 70 cents an hour every year for three years, for a total of $2.10 per hour.

Each hike comes on July 24, and in 2007 on that date the hourly rate went from $5.15 an hour to $5.85. The next was from $5.85 to $6.55 an hour.

The third and final increase occurred on July 24, 2009, when the minimum wage rose from $6.55 to $7.25. Over the three years, the total increase per worker is $84 per week or $4,368 yearly.

The federal minimum wage applies only to those employers who engage in interstate commerce or who earn revenues of more than a half-million dollars a year. A business engages in interstate commerce when it mails to potential out-of-state customers, makes goods sold out of state, buys its supplies from vendors who are outside their state, or accepts credit or debit cards.

It should also be noted that more than half of all states nationwide have passed their own minimum wage laws that are higher $6.55 per hour. Employees in those states are legally entitled to the higher rate.

Paying less than the minimum wage, the U.S. Department of Labor reminds employers, is against the law. It violates the Fair Labor Standards Act of 1938, also known as the FLSA. The DOL’s Wage and Hour Division enforces the act, which also says that all workers must receive their wages by their regular paydays.

At $5.15 an hour, supporters of the new federal minimum noted, a worker had less purchasing power than he or she would have had in 1968, when the minimum was $1.60 an hour. To be equal to purchasing power, they pointed out, the minimum wage would actually have to be $9.12 an hour.

Many employees have questions about a potential Wisconsin Swine Flu outbreak. An influenza pandemic (a global epidemic) hasn’t occurred for over a century. In 1918, the Spanish Flu afflicted 50% of the world’s population, killing around 50 million people more than all the lives lost in World War I.

Now, health officials are concerned that the current outbreak of Wisconsin Swine Flu could reach pandemic proportions. That is a worst-possible-case scenario, but it is a possibility. In April of 2009, the CDC (Center for Disease Control) issued an alert on Swine Flu, the 2009 H1N1 Influenza virus. The outbreak is taking its greatest toll in Mexico, but has the potential to spread. This flu is a combination of seasonal flu, swine flu and avian flu, the types most likely to create a pandemic.

As a result, Department of Homeland Security Secretary Janet Napolitano has declared a public health emergency in the U.S.

For years, OSHA (Occupational Safety and Health Administration) has recommended that employers implement plans to deal with a major influenza epidemic just as they would any emergency. To assist in this matter, OSHA provides two publications: OSHA guidance on Swine Flu Preparedness and Preparing Workplaces for an Influenza Pandemic.

An influenza outbreak or epidemic can be a global problem (pandemic) when the flu virus mutates and produces a new strain. The current flu shots would be ineffective against the new strain, and the mutated disease would spread rapidly from human to human around the world. That’s exactly what has happened with the Spanish Flu in 1918.

Normally, seasonal outbreaks of flu are fatal only to small children, elderly persons and people with major health problems. In 1918, the Spanish Flu also killed healthy people in their teens, twenties and thirties.

Health officials can create a vaccine for Swine Flu, but the process can take as long as 6 months. Employers should put plans into place to minimize contact among its employees. For example, employees can work from home, and business meetings can be handled with conference calls instead of in person. Retail businesses can reduce contact with the public by using delivery and drive-in windows in the case of a Wisconsin Swine Flu outbreak.

Under the Americans with Disabilities Act of 1990 (ADA) an employer cannot refuse to hire a worker simply because he or she is disabled. The law requires the employer to make reasonable accommodations for the worker, and to consider the person’s qualifications without including the disability as a hiring factor.

Federal laws also determined that employers and employees cannot tease or make jokes about an employee’s disability. Doing so creates a hostile work environment, which is a form of discrimination. The term hostile work environment is mistakenly assumed only to apply to sexual harassment. That assumption is inaccurate.

Federal laws have determined that a hostile work environment is not limited to offensive behavior regarding a person’s sex. The term can also apply to ridicule and insults regarding a worker’s race, color, accent, ethnic origin, style of dress and other protected characteristics, such as disability.

A recent case in Dallas provides an example. A worker with a hearing impairment was constantly being subjected to taunting phrases like “CAN YOU HEAR ME NOW!” and “You got your ears on?”. Sadly, these comments were made by the franchise owner and the Human Resources officer. To file a complaint, the employee had to go to the Regional Manager. That person filed with the EEOC (Equal Employment Opportunity Commission). The case went to court and the employee was granted $166,500.

The ADA doesn’t require Wisconsin employers to hire someone just because they are disabled. Companies still have the right to consider a job candidate’s qualifications, experience, education and job performance. If, after interviewing a prospective employee, the employer determines that the person’s disability would keep him or her from safely and properly doing the job, then the company can legally refuse to hire that person.

If, however, the only concern is a slight inconvenience or small cost, the Wisconsin employer is required by law to make that accommodation. Small businesses aren’t expected to take on a great expense. Large companies are expected to shoulder a greater cost than a small company.

Muslim employees, in most cases, are allowed to practice their religious beliefs in the workplace in Wisconsin and across the nation. Some Wisconsin employees have asked if that right includes taking prayer breaks.

In most cases, the answer is yes, unless it causes undue hardship for the Wisconsin employer. The relevant federal law is Title VII of the Civil Rights Act of 1964, which prohibits discrimination against employees due to their race, sex, color, national origin, and religion. Under this law, the employer must make “reasonable accommodations” for the employee to practice their beliefs.  

The concern regarding Muslim prayer breaks is mostly due to the number required. Persons of the Islamic faith face east and pray five times each day. Some employers argue that these breaks take too much time away from the employee’s work. 

That may not be the case. Consider how much time the average employee takes away from his or her work everyday. First, most employers provide two paid breaks of 10 to 15 minutes. Add to that time short bathroom breaks and smoking breaks, and the total could well be more than the time required for the Muslim employee’s prayer breaks. So, accommodating Muslim employees could take less time than what the other employees take. 

If accommodating the employee, however, requires the company to hire additional personnel that could be considered an undue hardship. This situation, however, is rare. 

The law requires employers to make reasonable accommodations for religious practices in the workplace, but only for those employees with “sincerely held” beliefs. For example, a worker cannot take off holidays for being Jewish one week, and then take off additional holidays for being Christian the next week. The law requires the employee to provide some proof of sincerely held belief, such as attending services, or otherwise participating in the religion. 

Sometimes companies will set up a private area or room for Muslim employees to take prayer breaks. These rooms are available to the rest of the employees, as well, to use as a quiet retreat. 

In Wisconsin and other states, federal law permits employers to pay less than the normal overtime rate in some special circumstances.

The normal overtime rate, under the Fair Labor Standards Act of 1938, is 1.5 times the average hourly rate (commonly called “time and a half”). There is a certain category of worker for whom the usual overtime rules do not apply.

They are workers who fall under the “fluctuating work week” rules, otherwise known as the Belo plan, named after the mattress company that first successfully defended the plan in court.

Ultimately, for these workers, the more overtime they put in, the lower their hourly overtime premium becomes. The employees covered by this unusual rule are those who are in positions where hours fluctuate widely from week to week or from season to season. Golf course employees are an example, as are landscapers and lawn care workers.

Employers like the Belo plan because it means they pay less for overtime. Some workers will accept it because they want a paycheck that is predictable and not drastically dependent on the season.

The fluctuating workweek plan can be confusing to many Wisconsin employees and employers. That is why it is necessary for employers to spell out such a plan to their workers in a written contract. In fact, the fluctuating workweek is not legal unless the employee has voluntarily signed such an agreement.

To understand the fluctuating work week, It is necessary to look at the formula driving the Belo plan and to consider a hypothetical example.

The formula takes the average hourly rate during an overtime week, multiplies that by .5, and then multiplies that result by the number of overtime hours worked.

Taking a hypothetical employee, “Todd,” assuming he receives a flat rate of $500 a week, his average hourly rate for a 35-hour week (not an overtime week) would be $14.29 an hour. If Todd works 70 hours, however, his average hourly rate has dropped by half, to about $7.15 an hour. The average of $7.15 an hour is multiplied by .5 (or divided in half, to put it another way), then by the number of overtime hours – 30 in this case. Todd receives a total of just $107.25 for working an additional 30 hours of overtime.

Workers in Wisconsin are concerned about the length of short term disability leave and job security while on leave. For example, if a worker has taken 9 weeks of disability leave, can he or she go on disability again? Can that same worker be terminated for taking so much leave?

Short term disability is an insurance plan which provides payments when an employee is unable to work. Many types of plans are available, each with different benefits, so the length of available leave will vary among the plans. Workers can check with their HR benefits officer, or call the insurance company. Details may also be available in the employee handbook.

The majority of short term disability plans offer 13 to 26 weeks of paid leave. The worker who has already taken 9 weeks of leave could have 4 to 17 weeks available. Receiving disability does not guarantee the employee’s job. If a worker takes a lot of time off from work, it is possible he or she could be terminated

Job security while on leave is a separate issue from the length of time a worker can receive disability payments. Short term disability doesn’t guarantee an employee’s job, but FMLA does. FMLA (Family and Medical Leave Act) allows up to 12 weeks of unpaid, job-protected leave. This Act mandates that when an employee returns from leave, he or she must return to the same position, or to one with similar working conditions, benefits and salary.

An employer is permitted to charge a worker’s disability (paid leave) to FMLA, but only if the worker is informed in writing prior to taking leave. If the worker’s 9 weeks of disability was charged to FMLA, then only 3 weeks of leave are still available. If the worker’s 9 weeks weren’t charged to FMLA, then the worker is still eligible for 12 weeks of job-protected FMLA leave.

When employees take FMLA (Family and Medical Leave Act) leave, they are ensured by law to keep their jobs. Companies have often mistakenly assumed that they must “keep the job open” or vacant, while the employee is on FMLA leave. Workers, too, often ask, “While I’m on FMLA leave, is my employer legally obligated to hold my job open?”

Both the Wisconsin employers and the workers are suffering from a misunderstanding of what FMLA requires. FMLA provides unpaid, job-protected leave for employees. The law specifically states that when an employee returns to work, they must return to the same position, OR to a position with comparable working conditions, salary and benefits.

FMLA does not address what takes place during the employee’s leave, only what must occur when the employee returns.

Companies are not expected by the federal government to grant a worker leave to the detriment of their own productivity or customer service. Employers are perfectly within their legal rights to hire someone to fill the absent employee’s position. There are several ways filling an absent worker’s slot can be achieved.

First, a company may simply use a temp service and hire an employee for the period of the worker’s absence. Second, the company may hire a new employee with the stipulation that when the absent worker returns, the new hire will be given different duties.

Third, the company can simply add to its staff. In businesses like hotels, restaurants, and other companies with fairly high turnover, this method would apply well. Fourth, for employers with several employees in the same position as the absent worker, the extra shifts may be divided amongst the remaining workers.

For positions with higher responsibility, filling the slot may be more of a challenge. One possibility is to promote another worker to “Acting Manager or Acting Director” with the explicit understanding that the promotion exists only during the absent manager’s leave. Usually this type of arrangement is put in writing as a protection for both employer and employee.

The term “escheat” is often used in real estate, especially when discussing the disposition of property of someone without relatives.

Though understood in context, many people aren’t certain exactly what escheat means. Escheat mandates that when a person dies without any heirs, the government takes possession of his or her property.

The terms come from Old English, from the common laws in days of feudal lords. At that time the king owned all the land. He gave some of it to the lords, who then gave it to tenants. When a lord’s tenant died, the king took possession of the property for one year and one day. After that period, the lord got the land again and could as he wished with it.

In addition, a property went into escheat when the tenant committed a felony. If a tenant was executed for treason, though, the property reverted permanently to the king. The lord would have no claim on the land at all.

Today in England and Wales, there are no feudal lords to play middleman, so when a property goes into escheat; it reverts to the Crown permanently.

Escheat in the United States refers to transferring a title, especially of a real estate deed, to the government. This situation occurs only when a person dies and has no heirs to inherit the property. For persons with heirs or relatives, even without a will, the property passes to the spouse or children. In the absence of a child and spouse, relatives (cousins, grandparents, etc) can claim the property.

For the deceased without heirs or relatives, or a will, his or her property reverts to the state government.

In some places in the U.S., the property will revert to the state even when the deceased has relatives. When the owner or the relatives can not be located, the state takes possession. If the owner or relative is located later, however, the property would revert to that person.

For persons without relatives, drawing up a will to detail the dispersion of property would be a wise move.

Many Wisconsin employees ask, “Is an employer legally allowed to hire only applicants over 25 years of age? Isn’t that age discrimination?” 

In Wisconsin, the answer is no; hiring only employees over 25 would not be considered age discrimination. In fact, it isn’t considered age discrimination under federal law, either. The ADEA (Age Discrimination in Employment Act of 1967) prevents companies from discriminating against employees age 40 or older, solely based on their age. The law covers all aspects of employment, including hiring, training, benefits, compensation and termination. 

The courts have ruled in several cases that age can be a “bona fide occupational qualification.” In certain professions, usually those involving public safety, age can be a reason not to hire someone. For instance, courts have ruled that police departments are completely justified in setting a minimum age of 21 for applicants. Other cases have upheld mandatory retirement for airline pilots at age 65. 

The ADEA covers companies with 15 or more workers, including unions, employment agencies, private businesses and government agencies. 

Another federal law, the Age Discrimination Act of 1975 provides similar coverage to employees of companies that receive federal funding. This Act forbids discrimination based on age for programs and activities which receive federal funds, such as hospitals, nursing homes, day care centers and other institutions that provide social services. 

Several court cases have upheld an employer’s right to offer older workers preferential treatment. To clarify, an employer can offer retirement plans only to workers of a specific age, usually 62 to 65. The converse does not apply, however. If an employer offers a special deal to younger workers, say an early retirement package to employees aged 50 to 60, the employer must offer the same package to workers over 60, too, even though they qualify for a different pension plan. 

Though the federal laws prohibit discrimination against older workers, some states have established laws to protect younger workers, too. Kansas is an example of a state with laws which outlaw discrimination against workers under the age of 40. 

Discrimination against workers because of their race, religion, color, sex or nationality is prohibited by Title VII of the Civil Rights Act of 1964. This law covers hiring, termination, advancement benefits and all other aspects of employment.

As a result, discriminating against an employee because of his or her religion is illegal.

The employer must make “reasonable accommodations”, by federal law, for all workers’ for their “sincerely held” religious beliefs. Accommodations can range from amendments to the company dress code, to exceptions to work schedules. For instance, a company that requires all female employees to wear a short skirt as part of the company uniform can make an exception for a Muslim female employee to wear long, loose pants.

Since 9/11, several cases of religious discrimination against Muslims in the workplace arose in the courts. One case involved two Islamic men who worked for a local government in Pennsylvania. The company required all male workers to be clean shaven, and disciplined these men for refusing to shave their beards. They sued for religious discrimination, and the court ruled that allowing the beards was, in this case, a reasonable accommodation. The judge added that in a situation or work environment where the beard could pose a health or safety risk to employees, the company could legally forbid them.

Another court case involved the termination of an Islamic woman for wearing a scarf. The woman was an employee at Alamo car rental in Phoenix, and was terminated for not removing her scarf. She pointed out that her supervisor had already approved her scarf, which bore the Alamo logo, and that she wasn’t terminated until after 9/11. The judge ruled that making an exception in the dress code to allow her scarf was a reasonable accommodation and awarded her $250,000.

To claim religious needs, employees must show evidence that they practice that religion. The law applies only to workers with “sincerely held” beliefs. That means an employee can’t claim to be Jewish to take off a Jewish holiday, then later claim to be Christian to take off a Christian holiday.

The Occupational Safety and Health Administration (OSHA) defines a hazardous chemical as anything that can cause harm. Most of these chemicals are used in every day life; dry cleaning solutions, isopropyl alcohol, paints and fuels, etc. OSHA has specific regulations for handling these chemicals.

All toxic and hazardous chemicals should be stored in properly labeled containers, preferably the original ones. All hazardous chemicals should have a MSDS (material safety data sheet) stored with it. Lastly, all employers should receive training about the chemical, its dangers, how to use and store it, and what steps to take if the chemical is accidentally ingested, splashed in the eyes or on the skin.

Safely storing and labeling hazardous chemicals in the Wisconsin workplace is of the highest priority.

Unfortunately, incidents of workers storing chemicals in milk jugs, soft drink containers or sports bottles are on the rise, according to OSHA. This puts other coworkers and the public at risk, especially children.

A six year old boy picked up water bottle and took a drink of what he thought was water. It was a potent pesticide. He is in intensive care in the pediatric unit and breathing via a ventilator.

Poison control centers report that many children every year are seriously harmed when they mistake a chemical in a soft drink bottle or milk jug for a beverage.

Adults have been harmed as well. Patricia Gabrysiak in Illinois mistakenly drank battery acid. The plumber had left supplies in her house to install a pump in her basement. These supplies consisted of three bottles, a one gallon water jug, a liter water bottle, and a ginger ale bottle. The ginger ale bottle contained acid for the pump’s battery.

Somehow the ginger ale bottle wound up in Mrs. Gabrysiak’s kitchen. She took a drink and promptly collapsed. She was rushed to the hospital and treated for severe burns in her esophagus and throat. If the plumber had used proper containers and/or properly labeled the products, this incident could have been avoided.

The FMLA (Family and Medical Leave Act) of 1993 provides employees with up to 12 weeks of unpaid, job-protected leave per year for a variety of reasons. Included in those reasons are serious health problems for the employee, and childbirth.

In addition, FMLA allowed eligible employees to take unscheduled, intermittent leave, and they did. Workers understood that they could simply not show up for work and later charge that time to FMLA leave. This was not the original intention of the law.

So, in February of 2008, new rules for FMLA intermittent leave were released. Employees may still take unscheduled, intermittent leave, but must follow his or her employer’s standard procedures for reporting an absence in almost all cases. Any employee who does not follow the company’s absence reporting procedure can be legally terminated.

FMLA doesn’t apply to everyone. To be covered a company must have at least 50 employees within 75 miles of one location. Private and public elementary and secondary schools are covered by FMLA, regardless of the number of workers, as are all public agencies. The employee must qualify for FMLA by working at least 1,250 hours for the same company over the previous 12 months.

Once eligible, the worker must be allowed to take FMLA leave, even if it’s for only part of a day. For example, James requires chemotherapy. After a treatment, he is often unable to work all day. As an FMLA eligible employee, he may take leave without prior scheduling for the time he is unable to do his job. The only requirement is that he contacts his company in advance, according to the company’s standard absence reporting procedure.

James may continue to take FMLA leave during a 12 month period until all 12 weeks (480 hours) are exhausted. His employer is perfectly within its rights to require a doctor’s certification of James’ condition, but once eligible, the company can not prevent James from taking FMLA leave.

Some Wisconsin employers wonder when they are expected to pay for an employee’s travel time.  This is covered by the Fair Labor Standards Act of 1938, which is a federal law that sheds light on a variety of employee issues.

Enforcement of the FLSA is handled by the Wage and Hour Division of the U. S. Department of Labor.  This division also enforces the minimum wage and overtime regulations. 

During the workday, once an employee has arrived at the first job site, an employee’s additional travel time should usually be paid.  This includes time going from job site to job site, running errands for the employer, going on sales calls, or for any number of reasons.  This time should be paid regardless of whether the employee is using a company vehicle or his or her own personal vehicle.

Obviously, the employer need not pay the employee for travel on his or her meal break.

Many questions arise concerning travel time relating to the commute to and from work.  The overriding principle is that it is the employee’s responsibility to get to and from work, and an employer is not required to pay for a normal commute. This is true even if the employee chooses to live 50 or more miles from work.  

There are factors that can raise questions.  The first is that there are times when an employee will be required to go to an alternate job site that is beyond the range of a normal commute.  In such a case, the employer should pay for any travel time beyond a normal commute. 

However, a normal commute might vary for one location to another.  A normal commute in and around Milwaukee, Wisconsin might be very different from a normal commute in Manitowoc, Wisconsin.  An employer needs to be sure that his or her decision making process is fair and not discriminatory and is also consistent with the travel conditions within the local work area.

Job assignments which require an employee to travel out of town and stay overnight are subject to a different set of rules.   

In Wisconsin, as in many states, ATVs are being used on an increasing basis within the workplace.  With so many growing industries, which require workers to be outdoors, this trend is understandable. 

The ATV has become a valuable tool for farmers, construction workers, foresters, and landscapers.  However, the increased use of ATVs has resulted in a growing number of work related accidents tied directly to the use of these vehicles.

A recent federal report shows a dramatic increase of ATV related deaths from 29 in 1982 to over 450 just 22 years later, in 2004.  Many of these deaths occur because the operator is not properly trained.

Proper training begins with an understanding that an ATV does not handle like an automobile.  Although it has four wheels, the rear axel is not fixed like that of a car. On an ATV, the rear axel pivots.  This allows the ATV to be more maneuverable in rough terrain.  This also means that it is more apt to flip since it is balancing on 3 points rather than 4.

Additional safety precautions are also part of proper training for ATV operators.  A worker should always wear a seat belt and helmet.  Many of the ATV related injuries are to the victim’s head.  Many others are a result of drivers standing while riding, often to try to balance the machine in steep and treacherous situations. 

Passengers should not be carried on most ATVs, which are designed for only one individual.  Another common practice, which results in injury or death, is adding adaptive equipment to the machine.  Tanks for hauling liquid, racks for material, and cargo areas for tools often make the machines more difficult to control.  They place the driver in situations never intended by the manufacturer. 

The Jury Systems Improvement Act is a federal Act that is in place in order to ensure that employees in all states can take time away from work in order to serve on a jury. When an employee needs to take time away from work, the employer cannot discriminate against the employee for reasons that are directly related to the jury duty service.

The JSIA is in place for all states, including Wisconsin. Employees should notify the employer at once when they receive a jury duty summons so that the employer can make accommodations for the employee’s absence from work. Employers may not use this jury duty service as a reason to discriminate against employees.

When an employer is making an employment-related decision about employees, such as a decision about hiring, promoting, training, or otherwise, the jury duty service may not be factored into consideration. If an employer is guilty of discriminating against an employee for reasons related to jury duty service, the employer could be fined up to $1,000 per employee, per instance. The employer may also be fined up to $1,000 per employee, per instance if the employer terminates an employee for reasons related to jury duty service. Additionally, the employer could have to pay for lost wages and benefits to the employee.

Employers need to continue to provide normal benefits to employees during the time when the employees serve on the jury. For example, if the employer provides health care, the employer should continue to provide health care to the employees.

Employees may be able to postpone the jury duty service for personal reasons, such as a planned vacation or an illness. However, they may not postpone jury duty service because of coercion from the employer. Employees should also be able to return to work at the end of the period of jury duty service to have the same job or an equivalent job as well as the same salary and benefits that the employee had prior to taking time off for service. CB

The Rehabilitation Act is a federal Act that applies to many employees in states across the country, including many employees in the state of Wisconsin. When an employee has a record of having a particular type of mental of physical disability, the individual can be covered by the Act as long as the employer is also covered by the Act.

However, in order for employees to be covered by the Act, the employer first has to be covered. Covered employers are employers that meet at least one of the following employment-related criteria:

·         The employer should be a federal government office, agency or contractor working in any branch of the federal government

·         The employer could be a local or state government agency, office, or contractor working in any branch of the government

·         Public and private employers may be covered

·         Educational institutions may also be covered

Employees may have either a mental of a physical disability in order to be covered. An example of a mental disability could be depression or an addiction. A physical disability could be a missing limb or a visual impairment.

When an employee has such as disability, the employer may have to make special accommodations for the employee. For example, the employer may have to provide the employee in a wheelchair with a modified work station so that he or she can reach his or her desk.

The employer should not take the disability or the accommodations into account when making those employment-related decision about the employee during any employment-related period, such as hiring, promoting, training, terminating, compensating or otherwise.

Also, employers with federal contracts worth at least $10,000 should have an affirmative action plan in place to hire workers with disabilities. Employers with federal contracts worth more than $50,000 should have a written affirmative action plan in place to hire workers with disabilities. CB

In the state of Wisconsin, there are no federal or state laws that require employers to provide employees with even one smoking break.

Many states, including Wisconsin, have no state or federal laws that require employers to give employees who are over the age of 18 any type of break or lunch period during the work day. This applies regardless of how long a person’s workday happens to be. Employers could essentially require employees to work for 12 hours per day, or even longer, without taking a break.

There are some companies that have policies allowing one 30-minute lunch break, plus two 15-minute coffee breaks during an eight-hour shift. Employees may, of course, feel free to smoke during these breaks. Companies are not required to give employees any additional smoking breaks outside of that specified time.

California is one of a handful of states that require meal and rest breaks. No states require employers to give additional breaks to smokers.

The federal Fair Labor Standards Act of 1938 says that employers have to pay workers for breaks that are shorter than 20 minutes. Workers have to also be paid for any breaks during which they might be called back to work. Companies have the right to limit the unproductive time that employees spend away from their desks. In fact, they legally have the right to disallow it completely.

If an employer wanted to, he or she could require that smoking breaks be at least 20 minutes. They could also require employees to clock out for those breaks. Not many employers do this, however. One reason for this is that they would have to provide an equal number of unpaid breaks to employees who do not smoke. This, of course, would drastically decrease productivity.

Employers are allowed to set any rules for smoking breaks that they like, or they can eliminate them entirely. Workers who have benefit of paid smoking breaks would be wise to conform to their employer’s regulations.

Employees in the state of Wisconsin may be eligible to receive federal funding if they have been in a disaster and lost work as a direct result of the disaster. The Disaster Unemployment Insurance program is the federal program that is in place for states across the country in order to provide employees with funding if they are out of work.

When an employee loses work because of a disaster, the employee could be able to receive up to 29 months of compensation after the period of the disaster. However, the employee needs to have been in a qualifying disaster and not all disasters will qualify for coverage.

Storms, floods and other natural or federal disasters will qualify for coverage only once the President of the United States declares the disaster to be a federal disaster. Then, federal funds will be made available to assist workers that are out of work.

However, in order for employees to receive federal funding, they will need to meet certain criteria, including the following:

·         The employee cannot be receiving unemployment insurance assistance from any state across the country, including from the state of Wisconsin

·         The employee needs to have been employed at the time of the disaster with the expectation that the employment would have continued if it had not been for the disaster

·         The employee can also receive funding if he or she was not employed, but if he or she had a contract that was scheduled to begin, had it not been for the disaster

·         Employees should be out of work as the direct result of the disaster. For example, the employee could qualify for funding if the employee lost work because of an injury that was incurred in the disaster. Also, the employee could receive funding if the employee could not work because of the loss of the employer’s workplace in the disaster. CB

Wisconsin has a law that states that tipped workers can be paid less, but she or he cannot be required to share tips with a salaried manager.  The same is true in many other states.

The Fair Labor Standards Act of 1938 is the relevant federal law in this case.  This also happens to be the federal minimum wage law.  The United States Department of Labor laid out these policies that require that employees be entitled to keep all of the tips they receive.

Federal law stipulates that employers may pay less than the minimum wage to employees who regularly receive more than $30 per month in tips.  For tipped workers, the federal minimum wage is $2.13 per hour.  There are many states that have higher minimum wages for tipped employees.

In Wisconsin, the state minimum wage for tipped employees is $2.33 per hour.

Whatever hourly rate an employee is being paid, she or he is entitled to keep all tips.  The only exception is if there is a valid “tip pooling” arrangement in place.  Valid tip pooling arrangements occur when tips are shared equally among employees who traditionally receive tips, such as bus persons, bellhops, service bartenders, and servers.

A tip pooling arrangement where the tips are shared with a salaried manager is not typically considered to be a valid one.  An exception might occur if the manager was fulfilling a role of a service bartender or a bus person.  Even in this type of situation, however, 90% of salaried managers would not accept the customary share of tips.  It is not actually clear if a manager who accepted a share of the tips would be in violation of any federal law, under these circumstances.

These types of regulations apply to tips, and not to compulsory “service charges” that are routinely or automatically added to the bill.  When service charges for large groups or banquets are added, they are not considered to be “tips.”  Federal law states that these service charges are a part of the employer’s gross revenue.

The Americans with Disabilities Act is a federal Act that pertains to many employers and employees in states across the country. The Act helps to ensure that when an employee has a disability, the employer cannot discriminate against him or her for reasons that are directly related to the disability.

Not all employers or employees are covered by the Act. IN fact, in order to receive coverage, an employer needs to have at least 15 employees working for him or her for a calendar year. However, because the Act is a federal Act, employers in states across the country may receive coverage under it, not just employers in the state of Wisconsin.

There are many types of disabilities that are covered under the Act, including physical and mental disabilities. An example of a physical disability might be a missing limb or a visual impairment. A mental disability might be depression or an anxiety issue.

Employers are required to make reasonable accommodations for employees that have disabilities. For example, if an employee is in a wheelchair, the employer might have to provide the employee with a modified work station so that he or she can access his or her work. If an employee has an addiction and needs treatment, the employer should work out a treatment schedule with the employee.

The ADA does only pertain to current employees of a covered employer and to job applicants to a covered employer. The Act does not pertain to customers or clients of the employer. Also, the Act only protects workers from discrimination that is related to the disability and not from any other form of discrimination. Employees are protected from discrimination during any employment-related period, such as hiring, promotion, termination, and compensation. Employers may be required to justify the decisions that they make with regards to employment. CB

USERRA stands for the Uniformed Services Employment and Reemployment Rights Act, which is a federal Act that helps to ensure that employees can take time away from work to serve in the military without being discriminated against by the employer. Employees in all states are covered by USERRA, including employees in the state of Wisconsin.

When an employee is covered by USERRA, the employee should also be able to return to work at the end of the period of military service to have the same job or an equivalent job as well as the same salary and benefits that the employee had prior to taking time off of work for military service. USERRA replaced the Veterans Reemployment Rights Act when it was signed into place in 1994.

Employees may be covered by USERRA for taking time away from work for any branch of the military, including the following:

·         U.S. Armed Forces

·         Coast Guard

·         National Guard

·         Public Health Service

·         Reserves

Also, when an employee takes time away from work for military service, the employee can serve for a variety of reasons, including the following:

·         Active or inactive duty

·         Active or inactive duty for training

·         Voluntary or involuntary duty

·         Voluntary or involuntary duty for training

·         Full-time guard duty

Employees are required to return to work within a time period that is determined based on the length of the military service. Also, the employee cannot serve in the military for more than five years if he or she wishes to continue to receive USERRA coverage. Those time periods for service are:

·         When the employee serves for up to 30 days, the employee needs to return to work within one business day after returning home from service

·         When the employee serves between 31 and 180 days, the employee needs to return to work within 14 business days after returning home from service

·         Employees that serve for more than 181 days need to return to work within 90 business days after returning home from service. CB

The Age Discrimination in Employment Act is a federal Act that helps to ensure that workers over the age of 40 will not be discriminated against in the workplace. When the Act applies to an employee and an employer, the employer may not take age into consideration when making any decisions about an employee’s employment, such as a decision about the following:

·         Hiring

·         Training

·         Compensation

·         Benefits

·         Promoting

·         Terminating

The ADEA does not apply to employees that are under the age of 40. Also, the Act does not apply to customers or clients of the employee. When an employee is protected by the Act, it only protects the employee from discriminating that is based on the age of the employee.

Employers in Wisconsin must meet at least one of the following criteria in order to be covered by the Act:

·         Be an employment agency

·         Be a local, state, or federal government agency working in any branch of the government

·         Be a business that has at least 20 employees that work at least 20 weeks out of the year. The business also needs to deal in some form of interstate commerce in order to qualify for coverage.

In some cases, the employer can make an employment-related decision about a covered employee as long as the decision has to do with the employee’s ability to perform the job tasks. For example, if a job requirement is that an employee be able to lift at least 50 pounds, it is expected that the employee be able to lift at least 50 pounds. If the employee cannot lift the weight as a result of the age of the employee, then the employer can terminate or reassign the employee to another position. The reason cannot be directly based on the age of the employee though. CB

Employees in all states across the country should be able to review information about the labor laws that impact them in the workplace. These labor laws should be posted on labor law posters. The posters should then be displayed in the workplace in an area that is visible and accessible to all employees, such as an employee break room or on a public bulletin board.

When an employee wishes to review his or her labor law rights, the employee should be able to read the posters without being discriminated against by the employer. Also, the posters should never be posted in an area that would require that the employee ask permission to access, such as a supervisor’s office.

Both the state and federal labor laws that impact a particular place of work need to be posted on the labor law posters. This information can be on the same labor law posters or it can be divided into two separate posters. However, whenever a labor law changes, the posters need to be updated so that employees have the most accurate information about the labor laws that impact a place of work.

The Wisconsin labor law posting requirements are:

·         Wisconsin Minimum Wage

·         Business Closing/Mass Layoff Law

·         Wisconsin Family/Medical Leave Act

·         Discrimination Notice

·         OSHA – Health and Safety Protection

·         Unemployment Insurance

·         Hours and Times of Day Minors

·         Hazardous Chemicals Right-to-Know

·         Employee Protections Against Use of Honesty Testing

·         Cease of Health Care Benefits Plan

·         Retaliation Protection for Health Care Workers

·         The federal labor laws that should be posted include: 2007, 2008, 2009 Federal Minimum Wage

·         USERRA – Uniformed Services Employment and Reemployment Rights Act

·         OSHA – Job Safety & Health Protection

·         Equal Employment Opportunity is the Law

·         Employee Polygraph Protection Act

·         Family and Medical Leave Act

·         IRS Withholding Notice

·         Anti-Discrimination Notice

·         Payday Notice CB

The Womens Health and Cancer Rights Act is a federal Act that applies to many employees in states across the U.S., including many employees in the state of Wisconsin. When the WHCRA applies to an employee, the employee should receive health care benefits that are associated with a mastectomy. The Act has been providing these benefits since it was signed into place by Congress in 1998.

When an employee has a health care plan that covers the cost of a mastectomy, the employee should receive additional health care benefits that are associated with the cost of a mastectomy. However, the WHCRA only requires that these benefits be provided to employees when the health care plan already covers the cost of a mastectomy, even if a policy holder wishes to have a certain procedure covered for reasons that are not associated with the mastectomy.

The health care plan does not necessarily need to be one that is associated with the employer. While group health care plans that are provided by the employer may certainly qualify for WHCRA coverage, employees may also have other plans covered that they receive through sources other than an employer. For example, a health insurance policy or arrangement through a health maintenance organization would qualify for coverage as long as it provides coverage for the cost of a mastectomy.

When the mastectomy is covered, the health care coverage plan should also provide coverage for the following:

·         Reconstructive surgery of the breast that has had the mastectomy

·         Additional reconstructive surgery that may be needed to create a symmetrical appearance between the breasts

·         Treatment for complications that could result from the reconstructive surgery

·         Treatment for conditions that could result from the reconstructive surgery, including lymphoma CB

Policy holders will need to pay for the cost of deductibles and any annual fees that are associated with procedures. Also, when a policy holder has a plan that is covered by the WHCRA, the policy holder should receive a notification from the health care coverage provider that outlines the WHCRA rights. CB

The Family and Medical Leave Act is a federal Act that helps to grant employees time off of work if they need to care for their own medical conditions or for the medical condition of a sick or injured family member. However, even though many employees may regard their pets as qualifying family members, they are not considered to be family members according to the FMLA. Therefore, employees may not take time away from work in order to care for a sick or injured pet.

When an employee has worked for a company for at least 20 weeks or for 1,250 weeks out of the previous year, the employee may take time away from work to care for a sick family member or for themselves. However, the employee also needs to work for a company that is covered by the FMLA. Covered companies have at least 50 employees that work within a 75-mile radius of the employee that wishes to take the leave.

Employees should be able to return to work after the FMLA leave in order to have the same job or an equivalent job as well as the same salary and benefits that they had prior to taking the FMLA leave. Employees should not be discriminated against by the employer for taking the leave.

As long as the employee is covered, he or she may take time off for the following:

·         To care for a newborn child

·         To adopt a child

·         To take a child in through foster care

·         To care for their own medical conditions

·         For care for a sick or injured spouse

·         To care for a sick or injured child, as long as the child is under the age of 18

·         To care for a sick or injured parent, as long as the employee is over the age of 18 and the parent is a biological parent (and not an in-law). CB

Wisconsin tenant law obligates a tenant to fulfill a lease agreement for its entire term. There are times a tenant must break a lease because he or she was in financial trouble or became ill. The tenant has the obligation to contact the landlord and make them aware of the need to break a lease.

One of the worst things a tenant can do is move without notify the landlord. This is considered abandonment and the tenant would be liable for the remainder of the lease term. The landlord can seek damages above and beyond the regular lease term and possibly put a lien on any possessions that remain in the rental unit.

Tenants can negotiate with the landlord to terminate the lease. In Wisconsin this is called surrender. Try to negotiate a buy out of the lease where a flat fee or even two months rent is paid to terminate the lease.

Another way to break a lease is to create a sublease with a replacement tenant. The original tenant would be responsible for the replacement tenant’s actions and rental payments. It is best to choose a trustworthy and credit worthy replacement tenant.

Landlords are also obligated to honor the lease agreement. It is the job of the landlord to provide a safe tenement according to Wisconsin law. The rental unit must be in working order and free of any safety issues. Safety issues include a leaking furnace, no heat in the winter, bad plumbing, a leaking roof, lead paint, asbestos contamination and more. If safety problems are found in a rental unit the landlord must repair them. The tenant must notify the landlord to repair the safety concerns. The repair must be made within a reasonable period of time or the tenant has the right to break the lease.

When a tenant breaks a lease all documentation from any negotiations with the landlord must be in writing to protect both parties. If necessary, seek legal help before breaking a lease.

In the state of Wisconsin a marriage license is acquired from a county clerk office. The license is the only way to make the marriage legal. What does a couple have to do in order to apply for a marriage license?

The couple must apply for the license at the local clerk’s office. They need to know their social security number, proof of residence and a certified copy of a birth certificate. Also a valid driver’s license, state identification or passport will serve as identification. Make sure each party knows their parent’s full names and their mother’s maiden names.

There is no residency requirement to apply for a marriage license in Wisconsin. If either party is a resident of Wisconsin then the marriage license should be picked up in that county. It is important that either party has lived in the county for at least 30 days. However, if the couple is from out of state, then the license must be picked up in the county where the ceremony will be performed.

The state of Wisconsin does not require any medical or blood testing before applying for a marriage license. Both the bride and the groom must be present to apply.

In order to get married in Wisconsin, both parties must be at least 18 years old. If either party is younger than 18, parental permission will be required. The permission form must be signed in the presence of the county clerk.

The fee for the marriage license is $60.00 and must be paid in cash. There is a six day waiting period before a couple can be married. The waiting period is designed to give a couple a “cooling off period” before getting married, just in case either party changes their mind. The waiting period can be waived for $10.00 if a couple desires.

The marriage license is only valid for 30 days and must be used in Wisconsin.

Any ordained minister, rabbi or priest can perform marriages in Wisconsin. After the ceremony has been performed the marriage license must be turned in to the local clerk’s office to validate the marriage.

Rules change and it is important to verify those changes with the local clerk before picking up a marriage license.

Emancipation sometimes is the best option for a child that has family problems or is very financially sure.  In the state of Wisconsin there is case law that determines how emancipation is handled.    There are a few instances when emancipation is very advantageous for a minor. 

The term emancipation is the freeing of a minor from parental control.  This includes the absolution of parents from financial, medical or behavioral support.  Basically, parents do not have any responsibility for the minor from the date of emancipation.

Granting emancipation allows a minor to become an adult or reach the age of majority. In most states the Age of Majority which is or 18 or 19 years old in most states.  In the State of Wisconsin this age is 18. 

Minors can be emancipated for a variety of reasons.  Three of the basic reasons are abandonment, abuse or neglect.  Some other reasons could include marriage or service in the military.  These last two are basically “automatic” ways to get emancipated but it requires parental permission.  Minors have been emancipated for financial reasons too. A minor that wants to attend college but his parents make too much money.  The minor can be emancipated (with parental permission) and then qualify for financial aid and social services.

What qualifies a minor to be emancipated?  First the child must be able to provide for themselves and have a legal way to make money.  Second the child must a resident of the state of Wisconsin.  Third, the child must be at least 16 years of age.  Fourth, the child has to be living separate from the parents or guardians.  Fifth, the parent must agree to the emancipation.  Finally the minor must be a ward of the state. 

Emancipation requires that the minor, who will now be treated like an adult, follow certain rules and regulations that will make the transition to adulthood easier.  The minor cannot vote until he or she reaches the age of 18 years old.  The emancipated minor must not purchase or consume alcohol or cigarettes.  Also the minor cannot purchase or posses a firearm until he or she reaches legal age. 

Attending school is another important aspect of an emancipated minor.  The minor must show proof of enrollment in high school or graduation.  If neither is shown, then the minor is in violation of the law.

There are really good things about emancipation. The child who is granted emancipation can get medical care, apply for a work permit, sign up for school and go to college and live where he/she wants.  The emancipated minor can apply for a driver’s license, enter into legal contracts, rent or buy a residence and more.

To start the emancipation process, the minor must petition the juvenile court in Wisconsin.  The judge will review the case and determine if emancipation is necessary. When emancipation is granted, make sure that all paperwork is nearby just in case someone asks about legal status.

A last will and testament in Wisconsin is a legal document created to distribute property (estate) after death. Things that are found in an estate include: assets and property such as bank accounts, homes, land, furniture, automobiles, and securities (stocks and bonds). Wisconsin laws allow you to dispose of your property as you wish. Even the favorite pet can receive a portion of the estate, provided it is established in the will.

The person that creates a will in Wisconsin is called a testator. The testator must be 18 years old and of sound mind which means he/she is capable of making decisions. The will must be signed by the testator and two witnesses. The witnesses must not receive a benefit from the will but they must be present when the testator signs the wills.

Wills in Wisconsin must be in writing or they can be handwritten to be considered valid. A handwritten will is also known as a “holographic” will. There are strict laws that apply to holographic wills, so check first before allowing a loved one to create this type of will.

Now if a testator changes his/her mind then the will can be revoked or changed. If the testator changes his/her mind about the existing will it can be revoked or changed. Partial changes to a will can be made using a codicil. A codicil is a document that states what changes or additions have been made. Otherwise the testator can revoke their will by creating a replacement will or destroying the existing will by burning, tearing up or cancelling the document. Also the testator can put a revocation in writing to revoke the will.

When the testator dies, the will must go to probate court. The court will validate the will and designate an executor (person responsible for the distribution of the estate). Estate taxes have to be paid along with other debts first before any additional distributions occur.

If a person who lived in Wisconsin dies without creating a will, then the estate is distributed according to Wisconsin state law. When you die without a will the person is said to have died “intestate”. In Wisconsin, if the loved one was married then the surviving spouse takes the entire estate if there are no children, parents, or direct descendants alive when the testator dies. If the loved one is unmarried, then the estate is distributed evenly to the children. Finally if there was no spouse, nor children, the parents of the deceased receive the estate.