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A new wave of litigation under the Illinois Biometric Information Privacy Act (BIPA) has emerged, zeroing in on a technology many employers now routinely use: AI-powered meeting transcription and note-taking tools. In recent months, plaintiffs have filed class actions alleging that vendors like Fireflies.AI collect and store “voiceprints”—unique biometric identifiers derived from speech—without providing the written notice, informed consent, or transparent retention and destruction policies BIPA demands.
Continue Reading Employers Beware: Uptick in BIPA Lawsuits Targeting AI Note-Taking Software

The beginning of a new year often signifies an opportunity to reflect upon the past, to set goals for the future, and to begin with a fresh start. Each January, many of us, inspired by the start of the new year, resolve to become better versions of ourselves, try something new, or achieve myriad personal aspirations. But new year’s resolutions need not be limited to personal growth. While many of us are hoping to hit the gym more frequently

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Continue Reading Get Your Employee Handbook into Shape

Limited IRS guidance is here, but should your organization jump in or wait?

JPMorgan Chase, BlackRock, and Charles Schwab have already announced they will match the federal government’s $1,000 seed contribution to Trump accounts for their employees’ children. But for most employers, the question is whether the regulatory landscape is clear enough to make an informed decision.

In December, the IRS released Notice 2025-68, providing the first substantive guidance on Trump accounts, the new tax-advantaged savings vehicles for minors

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Continue Reading Trump Accounts: A New Player in the Employee Benefits Lineup

One of the most difficult parts of owning a business is finding great employees. Successful business owners know they cannot be everywhere at once and therefore must rely on their key employees. Sometimes retaining these key employees becomes vital not only for day-to-day operations, but the future success of the business.

This drives many Wisconsin business owners to ask: Should I let my key employees buy into my business? This is a loaded question. Not only do business owners…
Continue Reading Should I Offer Ownership to My Key Employees?

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In Wisconsin, negligent supervision claims are only available when there is an employer-employee relationship.

Independent contractor (“IC”) or agency relationships do not suffice and, crucially, the individual must be an IC in practice, not just on paper.

This is one of many reasons it is important to actively review and manage your independent contractor relationships to ensure they don’t unwittingly morph into employees.
Wisconsin Appellate Court Clarifies Limits on Negligent Supervision Claims
In 2021, a customer was tragically shot

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Continue Reading Independent Contractors in Wisconsin Can Create Additional Liability for Employers in the Form of Negligent Supervision Claims 

As businesses grow, owners may increasingly rely on key employees and Human Resources (HR) professionals to manage functions the owner does not directly oversee. Key employees and HR professionals are typically those employees who have access to important confidential business information. These individuals often gain access to confidential operational details, employee information, and other sensitive data. A common question that arises: When should employers use non-disclosure agreements (NDAs)?

While NDAs are not required in every situation, they are one…
Continue Reading Nondisclosure Agreements (NDAs): A Practical Guide on How and When NDAs Should be Utilized

Effective January 1, 2026, Senate Bill 464 (SB 464) has fundamentally transformed California’s annual pay data reporting framework for employers. The Civil Rights Department (CRD), California’s enforcement agency, now has the authority to levy mandatory fines without judicial discretion.

Penalties have increased significantly—starting at $100 per employee for a first violation and $200 per employee for subsequent failures—which can easily exceed $50,000 in the aggregate for mid-sized organizations.

The law also introduces new technical requirements, including the immediate separation…
Continue Reading SB 464 Guide: California’s New Mandatory Pay Data Penalties for 2026

On July 4, 2025, Congress enacted the One Big Beautiful Bill Act (“OBBBA”), a statute that, while primarily tax-focused, has meaningful downstream implications for wage administration and employer-provided benefits. Although the OBBBA does not amend core federal employment statutes such as the Fair Labor Standards Act (“FLSA”), Title VII or the Family and Medical Leave Act, several provisions directly affect how compensation and leave benefits are structured and reported. For health care employers that often rely on complex pay…
Continue Reading The Effects of the OBBBA on Your 2026 Employee Handbook

The U.S. Department of Homeland Security finalized a new rule implementing a weighted selection process for H-1B petitions. Effective February 27, 2026, the rule introduces a weighted selection process that prioritizes H-1B registrations based on the offered wage. This new framework will apply for the upcoming H-1B cap season and may impact your business’s immigration strategy.
How the Previous H-1B Selection Process Worked
Previously, a company was given one chance for selection per potential employee submitted. The lottery was…
Continue Reading DHS Finalizes New Weighted Selection Rule for H-1B Petitions: WhatEmployers Need to Know for the March 2027 Lottery

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Digital human 3d rending idea

This week, consumer advocate lawyers filed a nationwide class action lawsuit against a California-based tech company, Eightfold AI, in California state court.

In a new approach to going after the use of AI in employment decisions, the two named plaintiffs and the proposed class allege Eightfold violated the Fair Credit Reporting Act (“FCRA”) by not giving job applicants notice of the use of AI in the application process nor giving them a chance to dispute any errors.

This lawsuit…
Continue Reading Can AI Applicant Screening Trigger FCRA Obligations? Lessons for Employers from the Eightfold AI Lawsuit

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Under the Wisconsin Worker’s Compensation Act, employees can file unreasonable refusal to rehire claims against employers when the employer, without reasonable cause, refuses to rehire an employee who is injured in the course of employment when suitable employment is available within the employee’s physical and mental limitations. In its recent opinion in Bruce Belland Trucking, Inc., v. LIRC, the Wisconsin Court of Appeals discussed the ongoing nature of an employer’s obligation to rehire an injured worker and provided instruction…
Continue Reading A New Framework in Wisconsin for Analyzing an Employer’s Unreasonable Refusal to Rehire an Injured Worker

We’ve made it to the last week of January and our last employer resolution: reviewing and updating the company’s employee handbook. While this may seem like the simplest resolution, it will actually require careful thought and review. A handbook is more than just a list of “dos and don’ts.” It is an employer’s first line of defense in litigation and an important tool for setting company culture. Employers need to look at both whether their handbooks address their actual…
Continue Reading Employer New Year’s Resolution #4—Dust Off Those Employee Handbooks

Amendments to the Illinois Workplace Transparency Act (“WTA”) were introduced by HB 3638 and became effective on January 1, 2026. The amendments broaden the scope of protection for employees and impose additional restrictions on employers when drafting contract provisions in a variety of employment-related agreements, including severance, settlement and arbitration agreements. Going forward, Illinois employers will have less latitude to restrict employee speech and concerted activity as it relates to reporting or disclosing unlawful conduct in the workplace.
Broader…
Continue Reading What Illinois Employers Need to Know About Changes to the Workplace Transparency Act

On January 1, 2026, Minnesota officially launched its state-administered Paid Family and Medical Leave (PFML) program, triggering an immediate surge of over 25,000 benefit applications in the first two weeks alone. As many Minnesotan employers are quickly discovering, the post-PFML workplace poses significant operational challenges. As the legal landscape continues to evolve in Minnesota (and those benefit applications keep rolling in), employers must become intimately familiar not only with administering the program but also with the variety of pitfalls…
Continue Reading Thousands Apply for Minnesota PFML: What Employers Should Do Now

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The U.S. Department of Labor (DOL) recently released a new set of opinion letters addressing recurring questions under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).

While opinion letters are based on specific fact patterns, they provide valuable insight into how the DOL analyzes common compliance questions and foreshadow DOL enforcement priorities, and they are often relied upon by courts and investigators.

The latest batch addresses employee classification, overtime calculations, collective bargaining agreements,

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Continue Reading U.S. Department of Labor Issues New FLSA and FMLA Opinion Letters: Key Compliance Takeaways for Employers

Another week, another resolution. This time, we’re addressing the AI elephant in the room. While the use cases for AI are myriad, the legal landscape is somewhat unknown and rapidly developing. But, for better or worse, employees are using AI. So, from trade secret risks to proposed legal oversight, employers need to address AI now.

  • Stop Wondering If It’s Happening and Start Managing It

    • The biggest mistake an employer can make is assuming their workforce isn’t using AI because…
    Continue Reading Employer New Year’s Resolution #3: Address Artificial Intelligence