Termination of a publicly appointed official, such as a clerk, administrator, fire chief, or similar position, requires careful planning due to the many legal implications that are in play. This article provides an overview of the stages involved in the termination process of a public employee.
Early Considerations
First, before initiating the termination process, a substantial investigation supported by documentary evidence is vital. Ideally, the documentation is in place long before the time that a termination is even a
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Who Needs a Will Anyway: Why Estate Planning is So Important
As the saying goes, nothing is certain in life but death and taxes, and estate planning encompasses both. Despite this certainty, many of us avoid thinking about the end of our life and neglect making an estate plan. There are things you can do now that can save you, your spouse, and your loved ones a lot of trouble and aggravation.
Lifetime documents: The Impact of Powers of Attorney and Living Wills
Estate plans almost certainly will include a
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FTC Non-Compete Ban Struck Down
A federal court judge has issued an injunction barring the Federal Trade Commission from implementing its non-compete rule slated to go into effect on September 4, 2024. The FTC rule banned most non-compete clauses in employment agreements and required, among other things, that employers provide all employees subject to a non-compete clause with notice that the employer could no longer enforce it. The FTC rule is now a nullity unless the FTC successfully appeals the ruling, which could take
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A Municipality’s Power to Condemn: A Sidewalk and Pedestrian Way Walk Into A Bar…
A “pedestrian way” is defined in the statutes as “a walk designated for the use of pedestrian travel.” (Wis. Stat. § 346.02(8)(a)). But is a sidewalk a pedestrian way? The Wisconsin Supreme Court, in a case of first impression, answered that question, “NO.”
In the case of Sojenhomer LLC v. Village of Egg Harbor, the Supreme Court held, in a 4-3 decision, that the definition of “pedestrian way” does not include “sidewalks” for the purpose of determining the
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Employee Personnel Files
A former employee who was fired has requested a copy of her personnel file. What documents would she be entitled to receive?
In Wisconsin, current and former employees have a statutory right to view and copy their personnel records. Below are answers to some common questions regarding what rights a former employee has to their personnel file.
What types of personnel records must be provided?
In Wisconsin, every employer must allow a former employee to inspect any personnel documents
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Trends in Riparian Rights: Update
Wisconsin has over 15,000 lakes, and summer often is filled with swimming, boating, and enjoying the state’s waterways. It is also a time where the importance of understanding riparian rights, property rights associated with Wisconsin’s lakes, rivers, and waterways, is heightened. Disputes between riparian owners (lake and river property owners) have become increasingly common as new construction, crowded shorelines, and changes in watercraft have led to increased contact and increased conflict. The latest iteration of this conflict centers around
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Potential Restoration of Collective Bargaining Rights for Municipal Employees in Wisconsin?
When first passed on March 9, 2011, Wisconsin Act 10 restricted collective bargaining rights for public sector employees. Act 10 allowed “public safety employees” to continue to collectively bargain with their municipal employers, but effectively eliminated collective bargaining rights for all other municipal employees. Act 10 survived legal challenges in both Federal[1] and Wisconsin Courts[2].
On July 3, 2024, Dane County Circuit Court Judge Frost issued a decision and found that parts of Wisconsin’s Act 10
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Compensable Time During the Onboarding Process Under the Fair Labor Standards Act (FLSA)
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
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Adapting to the FTC’s Non-Compete Rule
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
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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?
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
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When It’s Time to Pay the Piper: Music Licenses and Copyright Infringement
Many bar and restaurant owners are aware of the need to enter into licensing agreements for the music they play over the speakers in their establishments. But with shrinking profit margins due in part to rising food and labor costs, music licenses often get put on the back burner, which could create problems down the road. If an establishment inadvertently lets a license lapse, the establishment could end up facing a lawsuit—the last thing any bar or restaurant owner
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Navigating Labor and Employment Considerations in Mergers and Acquisitions
Mergers and acquisitions (M&A) transactions are complex endeavors that involve various legal, financial, and operational considerations. Among these considerations, labor and employment law and regulations play a crucial role in ensuring a smooth transition for both employers and employees involved in the transaction. Whether it’s an asset purchase, stock purchase, merger, or other form of M&A deal, understanding and addressing key labor and employment considerations is essential to mitigate risks. In this article, we will provide a brief overview
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When is Social Media Activity by Officials Attributable to the Government?
On March 15, 2024, the United States Supreme Court issued a decision in Lindke v. Freed, 601 U.S. 187 (2024), which articulates a two-part test for when a public official’s social media activity constitutes state action. According to the Court, a public official’s posts on social media are attributable to the government if (1) the official had the actual authority to speak on the government’s behalf, and (2) the official purported to speak on the government’s behalf.
Background
James
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The FTC Non-compete Rule – Six Takeaways
The Federal Trade Commission has issued its final Non-compete Rule, imposing a nationwide ban on non-compete clauses in employment agreements. Unless legal challenges to the Non-compete Rule are successful, the Rule will go into effect in August of 2024. Although the Rule will nullify traditional non-compete clauses, it does not ban non-disclosure clauses or employee non-solicitation clauses. In addition, the Rule does not affect non-compete clauses entered as part of a bona fide sale of an equity interest
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Off-the-Cuff Comments: Potential Pregnancy and Parental Leave Pitfalls in the Workplace
Most employers are generally aware that federal and state laws protect employees from adverse employment actions (termination, demotions, reduction in pay) because of pregnancy, including Title VII, the Family Medical Leave Act, and – potentially – the Americans with Disabilities Act. Employers should also be aware of and follow the Pregnant Workers Fairness Act which passed in 2023. However, employers should also be conscious of how co-workers or supervisors communicate with employees who either are pregnant or may be
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U.S. Supreme Court Finds Former Employee Must Only Prove Protected Activity Was a “Contributing Factor” in Whistleblower Suit
On February 8, 2024, the United States Supreme Court issued a decision finding that former employees who filed a federal whistleblower retaliation claim under the Sarbanes-Oxley Act (“SOX”) must only show that the protected activity was a “contributing factor” to an employee’s adverse employment decision. The Court found that whistleblowers need not show “retaliatory intent,” in contrast to other federal anti-discrimination laws.
Facts
The petitioner, Trevor Murray was employed as a research strategist at securities firm USB. In
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