WISCONSIN EMPLOYMENT LAW
Employment Law or Labor Law pertains to the employer-employee relationship. Some of the employment issues covered by employment law are wages and hours, discrimination at the workplace, wrongful termination, health and safety, sexual harassment, hiring and termination practices and disability law. In Wisconsin, the Department of Workforce Development, Labor Standards Bureau processes employment law complaints.
Certain Wisconsin employment matters are best handled by a Wisconsin employment attorney; this is especially the case with discrimination, harassment, and wrongful termination matters because they can be complicated and involve a great amount of evidence collection. It is strongly advised that you hire a Wisconsin employment lawyer if you have concerns or questions about your employment law case.
Why Hire A Wisconsin Employment Attorney?
There is a complex relationship between federal and state law in employment law and wrongful termination cases in Wisconsin that must be researched and carefully asserted for a positive result. Hiring a Wisconsin employment attorney is a good idea if you to help you in researching the relationship between federal and state law, filing a complaint for unpaid wages with the Wisconsin Labor Standards Bureau, asserting a discrimination claim against your employer, determining whether or not you have a claim worth pursuing or a frivolous claim that will end up being more trouble than it is worth, or filing a wrongful termination claim. Wrongful termination claims may be particularly challenging for a former employee to file against his prior employer because it may be a stressful experience to have to deal with his former employer. A Wisconsin employment attorney can help communicate with your employer and provide you with the necessary guidance to file a wrongful termination claim, and explain your rights and benefits under Wisconsin employment law.
Wrongful Termination In Wisconsin
Employment in Wisconsin is “at-will.” As such, an employee is free to leave his employment whenever he chooses. Similarly, an employer can fire a worker for any reason or no reason, at any time. However, the employer may not fire the worker for an illegal reason or based on discriminatory factors, or, if the worker has an employment contract, the employer can only fire the employee for reasons specified in the employment contract.
In Wisconsin, claims for “wrongful termination” may be initiated if a worker is illegally terminated for one of the following reasons:
Ask a Wisconsin wrongful termination attorney about your wrongful termination worries and questions.
In Wisconsin, when an employer fires an employee based on discriminatory factors it may be a case for wrongful termination. Federal law and Wisconsin state law do not allow employment discrimination or the firing of a worker. For example, if a worker is qualified for a job but is fired because of a disability or because he is over a certain age (age 40), the termination is unlawful. If pregnancy is seen by an employer as a disability, the pregnancy cannot be the reason for the termination of the worker. Other discriminatory grounds for termination of a worker in Wisconsin include national origin, religion, race, and sex. If you are considering filing a wrongful termination case, contact a Wisconsin wrongful termination lawyer to make sure that you get the best possible outcome in your wrongful termination case.
Employee Wage/Hour Concerns In Wisconsin
Minimum wage in Wisconsin is the same as at the federal level: $7.25 an hour. Workers must be paid at least once a month in Wisconsin and according to a standardized pay schedule. If your employer fails to pay your wages, you should file a “Wage Claim” with the Labor Standards Bureau of the Wisconsin Department of Workforce Development.
Overtime pay is mandated in Wisconsin if a worker works over 40 hours a week. The rate of overtime pay is 1.5 times the worker’s standard wage and must be paid for each hour over 40 worked. Some establishments are exempt from overtime pay, so be sure to check with a Wisconsin employment lawyer before you file your claim for unpaid overtime wages, if you intend to make such a claim. A claim for unpaid overtime should be filed with the Labor Standards Bureau of the Wisconsin Department of Labor and Workforce
Development as mentioned above. At the federal level, overtime pay is required by the Fair Labor Standards Act and enforced by the United States Department of Labor, Wage and Hour Division.
If you have an unpaid wage or overtime complaint, or if you have questions about employee wages in Wisconsin, talk to a Wisconsin employment attorney.
Wisconsin Employment Benefits
Wisconsin law requires that employees under the age of 18 be given a 30 minute meal break when working shifts longer than 6 hours. Adult workers, however, need not be given meal or rest breaks. In Wisconsin, employers do not have to provide employee benefits. Additionally, workers are not entitled to short-term disability leave or maternity leave. However, the Family and Medical Leave Act (FMLA), also applies to Wisconsin employees, allowing workers to take up to 12 weeks of unpaid maternity leave.
Employees injured on-the-job or in accidents related to work are covered by Wisconsin disability law and may receive compensation. The amount of compensation for a work-related injury depends on how the employee’s disability is classified. Wisconsin disability law does not, however, cover injuries or illnesses that do not spring from the worker’s job.
Get in touch with a Wisconsin workers’ compensation attorney if you have been injured at work and believe you are entitled to compensation for your injury. In addition, you should talk to a Wisconsin employment lawyer if you need an explanation of the connection between the federal laws that apply to your employment case, and Wisconsin state laws.
Wisconsin Employment and Labor Law Statutes
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