Employment & Labor

The EEOC’s Proposed Rule to Rescind Annual Demographic Reporting Requirements
By: Carmen N. Decot
As most employers are aware, the Equal Employment Opportunity Commission’s (“EEOC’s”) existing regulations require certain employers covered by Title VII of the Civil Rights Act of 1964 and certain federal contractors, to collect and maintain information on the sex and race/ethnicity of their employees and to file annual data reports detailing such employee demographics by job category. However, these requirements may soon become a thing
Continue Reading The End for Federal EEO Data Reports?

Wisconsin Watch has some unemployment claim-filing tips to offer.

These tips are largely based on the unemployment primer, with an extra focus on Wisconsin’s work search requirements — do five work searches per week rather than just the four required work searches — and the documentation you need to retain about those work searches for the eventual work search audit that will come your way.

These tips also include my advice to file weekly certifications for the
Continue Reading Still more claim-filing tips

Missouri Employers Face New Military Leave and Reemployment Obligations Under House Bill 2593

MissouriMissouri employers will soon face expanded military leave and reemployment obligations following Governor Mike Kehoe’s signing of House Bill 2593 on July 9, 2026. The new law goes into effect beginning August 28, 2026, potentially opening up new litigation exposure for noncompliance.Missouri Extends USERRA Reemployment Protections to National Guard MembersThe new protections align Missouri law with federal leave protections. Specifically, the law explicitly grants the same


Continue Reading Missouri Employers Face New Military Leave and Reemployment Obligations
Under House Bill 2593

Calculating accurate wages and hours for employees remains a persistent risk area for Wisconsin employers, particularly those operating in construction and other job site–driven industries. While many employers understand the basic requirement to pay hourly employees for time worked, less obvious issues, such as travel time, pre- and post-shift activities, and overtime calculations, often create significant exposure. Missteps in these areas can quickly lead to costly claims, audits, or class-based litigation.
Overtime: the Baseline Obligation
Under Wisconsin law, most
Continue Reading Wage & Hour Traps on Wisconsin Construction Sites: Travel Time, Prep Time, and Misclassifications of the Workforce

As part of the Equal Employment Opportunity Commission’s (EEOC) new National Enforcement Plan (NEP), the commission stated its intent to “eliminate the use of disparate impact liability theories in investigations,” and vowed “not [to] commence, develop, or continue to pursue litigation advancing disparate impact claims.”

The NEP, voted into effect on June 4, 2026, replaces the EEOC’s Biden-era Strategic Enforcement Plan and is intended to comply with the Trump Administration’s Executive Order 14281, issued in April 2026, directing
Continue Reading Profound Changes Afoot to EEOC’s Guidelines and Enforcement in Disparate Impact Cases

A major Supreme Court decision could reshape how federal workplace agencies operate and how quickly their priorities can change from one administration to the next.

On June 29, 2026, the Supreme Court overruled a 91-year-old precedent and held that the president may remove the heads of independent federal agencies at will.

Although Trump v. Slaughter focuses on the Federal Trade Commission (FTC), its impact could extend to the agencies employers face every day, including the National Labor Relations


Continue Reading What the Supreme Court’s Trump v. Slaughter Decision Means for the NLRB,the EEOC, and Employers

The Department of Workforce Development and Wisconsin Watch indicate that a scam has started up of FAKE HEARINGS for workers compensation benefits. As Wisconsin Watch explains:

DWD spokesperson Haley McCoy told Wisconsin Watch that 10 Wisconsin workers reported receiving emails instructing them to attend “online workers’ compensation hearing(s)” via video call. The emails’ senders generally use “.org” addresses and bill themselves as government agencies like the “Workers’ Compensation Board.”
Workers who joined the calls via Zoom, WhatsApp, Teams and
Continue Reading Fake Hearing Scams

July 17, 2026

Due to the sustained increase in the price of fuel, the Internal Revenue Service (the “IRS”) has increased the optional standard mileage rates mid-year for computing the deductible cost of operating an automobile for business, medical, and moving expenses.

Effective July 1, 2026, the optional standard mileage rates are 76 cents per mile for business transportation, and 23.5 cents per mile for travel relating to medical and moving transportation expenses.

These increased mileage rates apply only
Continue Reading On the Move: IRS Increases Standard Mileage Rates Mid-Year

By Attorney Lisa Pierobon Mays

One of the most frustrating experiences an injured worker can face is having their workers’ compensation claim accepted – only to have benefits unnecessarily delayed for months.

Recently, Attorney Lisa Pierobon Mays of Mays Law Office successfully represented M.M., a health care employee, whose case demonstrates why injured workers often need experienced legal representation even after their claim has been conceded.
A Conceded Claim Shouldn’t Become a Battle
M.M. injured his left knee while
Continue Reading Accepted But Still Unpaid: How Attorney Pierobon Mays Held an Insurance Carrier Accountable

Illinois Expands Project Labor Agreement Requirements for Renewable Energy Projects

Illinois’s renewable energy landscape shifted significantly back on January 8, 2026, when Governor Pritzker signed the Illinois Clean and Reliable Grid Affordability Act (CRGA). Among its many provisions, one significant change stands out for developers, EPCs, investors, and contractors who perform the underlying construction of green energy projects: a major expansion of project labor agreement (PLA) requirements.

While PLAs have long been required for many utility-scale solar and wind


Continue Reading Illinois Expands Project Labor Agreement Requirements for Renewable EnergyProjects

The Equal Employment Opportunity Commission (EEOC) formally rescinded the federal guidance employers have relied on for nearly 50 years when designing voluntary affirmative action plans under Title VII. In a June 29, 2026 vote, the EEOC voted to rescind the two documents that provide a long-standing roadmap for employers. This move follows the EEOC’s recent National Enforcement Plan (NEP), which signaled that the agency would treat race- and sex-conscious workplace programs as intentional discrimination.

For employers, the practical impact


Continue Reading EEOC Rescinds Affirmative Action Guidance: What Employers Need to KnowAbout Title VII, DEI Programs, and Compliance Risks

On 16 June 2026, the state supreme court accepted Abby Windows LLC v LIRC, 2025 WI App 50, 418 Wis.2d 92, 25 N.W.3d 631, for review. This case concerns whether a door-to-door sales person paid on a commission basis and then laid off is eligible to receive unemployment benefits based on that sales work. Here are the basic facts:

The claimant went into prospective customer’s homes and sold doors, windows, roofs, gutters, and siding for the employer. The
Continue Reading A test for covered employment and for statutory interpretation

Hiring your first out-of-state employee can introduce a complex web of local and state employment laws that may differ dramatically from those you already follow. From paid leave requirements and pay transparency laws to non-compete restrictions and city-specific ordinances, multi-state employment compliance can quickly become a challenge for unprepared employers.
Hiring an Out-of-State Employee Requires Extra Caution
Stop. Look. Listen.

I remember seeing these safety signs at railroad crossings when I was growing up. Stopping, looking and listening was
Continue Reading Hiring Your First Out-Of-State Employee? Watch for These Compliance Risks

It has been several years since the claim-filing crisis from the Covid-19 pandemic. In January of 2021, I explained why then proposed changes to the claim-filing process were unlikely to lead to any real improvements. And, in November of 2022, I reviewed noticeable trends in why and how unemployment claims were being denied in Wisconsin.
So, it is time to look at the data since the end of the Covid-19 pandemic to see what has changed
Continue Reading Claim Filing in 2026 in Wisconsin

Artificial Intelligence (“AI”) has taken the world by storm. It seems no matter where you turn, AI is being promoted for all kinds of uses. By way of example, the City of Milwaukee recently announced that they will be using AI to address the increasing number of potholes around the city. It has also become apparent that more and more people are seeking legal advice from generative AI tools such as OpenAI ChatGPT, Anthropic Claude, and Google Gemini. While
Continue Reading Why Employees Should Proceed with Caution when Using AI to Vet Potential Claims Against Their Employers

Since we last posted about the First Amendment rights of employees in 2012, the law has remained relatively stable but social media has exploded. And for the last 14 years, courts have been trying to figure out how speech made online affects the legal analysis regarding the First Amendment rights of government employees.
For a primer on the First Amendment rights of government employees, go back and look at Attorney Summer Murshid’s post from 2012. However, here are
Continue Reading Social Media Posts and the First Amendment Rights of Government Employees