If we have a drug-free workplace policy and implement random testing, can we fire an employee who tests positive even if the employee simply used marijuana outside the workplace and wasn’t impaired?
The short answer is, yes.
Employers in Wisconsin are allowed to do random drug testing of their employees. If an employer chooses to do so, the employee handbook should advise employees of the nature of the testing.
In Wisconsin, and throughout the United States, the vast majority…
Continue Reading Employment Termination with a Drug-free Workplace Policy & Implemented Random Testing

A new federal law went into effect and likely will affect many business entities in Wisconsin and the United States, and in particular, many small businesses that may not even be aware of the new law. The Corporate Transparency Act (CTA) was enacted on January 1, 2021, as part of the Anti-Money Laundering Act of 2020 in the National Defense Authorization Act and went into effect on January 1, 2024.    
What is the CTA?
The CTA was enacted…
Continue Reading The Corporate Transparency Act: Does it Apply to my Business?

What’s considered compensable time during the onboarding process under the Fair Labor Standards Act (FLSA)—for example, time completing paperwork before the start date, as well as time reviewing policies and procedures and completing training?
The FLSA generally counts a new hire’s time spent in orientation and on completing onboarding paperwork and job training as hours worked that must be compensated, even if the orientation, onboarding, or training occurs outside regularly scheduled hours or away from the employer’s place of…
Continue Reading Compensable Time During the Onboarding Process Under the Fair Labor Standards Act (FLSA)

The Federal Trade Commission’s (“FTC”) Non-compete Rule deals a death blow to traditional employment non-compete covenants. Assuming challenges are unsuccessful, the Rule will go into effect in August and will negate all existing non-compete clauses with a few exceptions. For many employers, the Rule will remove a significant hedge against competition.  However, non-disclosure provisions, which are not banned under the Rule, if worded carefully, can still provide valuable protection against unfair competition.
Key Elements of the Rule
A non-compete…
Continue Reading Adapting to the FTC’s Non-Compete Rule

Before addressing the specific question about which state’s laws would apply for the enforcement or consideration of a severance agreement, it is important to address the importance of such agreements in the first place. Certainty is important in all business operations, and discharging employees is no exception.
When you are discharging an employee from your company, in many instances it may be beneficial to the employer to provide a severance package to the departing employee. While the employee may…
Continue Reading When Crafting a Severance Agreement, Should You Follow the Guidelines of the State the Employee Resides/Works in or the State Where the Company is Incorporated?