Fortunately, legal services have been deemed “essential” under various quarantine orders in place since March, which has allowed law firms to continue operations on site or virtually. Although some litigators and criminal law attorneys have faced delays as cases have stalled in the courts, other attorneys have provided legal services without interruption.
Whether working remotely or in their offices, all attorneys are navigating new ways of meeting and communicating with their colleagues and clients.
As we prepare to reopen…
Continue Reading Reopening Your Firm Carefully and Compassionately in the COVID-19 Era

As the coronavirus pandemic continues to run its course, Wisconsin employers should be prepared for an increase in claims arising from job losses caused by pandemic shutdowns and related employment decisions.While much attention is rightfully given to federal employment laws, it is important to note that state laws can – and often do – vary considerably from federal laws. Importantly, when two or more laws apply to an employee, the employee generally receives the benefit of the most favorable…
Continue Reading 5 Key Differences in Wisconsin and Federal Laws Employers Should Know

The recent worldwide coronavirus outbreak thus far has had a fairly limited impact in the U.S. However, health officials believe that it’s not a matter of if the U.S. has an outbreak of the virus, but when.The Centers for Disease Control and Prevention (CDC) stated that the “[d]isruption to everyday life may be severe,” which could include schools being closed, mass public gatherings being suspended, and businesses having their employees work remotely.
Additionally, we’re still well within the grasp…
Continue Reading Employers: Tips to Prepare for a Coronavirus or Other Emergency

In May 2018, the United States Supreme Court ruled that Epic Systems in Verona, Wisconsin, could force its employees to sign agreements requiring them to pursue claims for unpaid overtime through private arbitration.1 Since the Supreme Court’s decision, several current and former Epic employees filed private arbitrations for back overtime pay.
The First Arbitration between Epic and Technical Writer
In the first of the private disputes to be decided, an arbitrator ruled on Dec. 27, 2019, that an…
Continue Reading Lessons from Epic System's Arbitration Ruling: Classify Employees as Exempt Cautiously

In representing low wage workers, we have noticed in the last few years the overuse of noncompete agreements in Wisconsin and other states. By overuse, we mean the use in contexts that are not permissible under the law in Wisconsin and many other states and, in some cases, contrary to federal law.
The Problem: Noncompete Agreements for Low-wage Workers
Traditionally, noncompete agreements are applied regularly to sales personnel and technical experts to protect their employers from the misappropriation of…
Continue Reading How to Free Workers from Abusive Restrictive Covenants

Recently, in Johnson Controls, Inc.1, the National Labor Relations Board (NLRB) announced a new framework for a little-used method for employers to make a lawful anticipatory withdrawal recognition of a union who has been representing its workforce.
Specifically, the decision forces a union seeking to demonstrate that it has reacquired majority status to do so in a secret ballot election conducted by the board, rather than in an unfair labor practice proceeding. For employers and those employees…
Continue Reading National Labor Relations Board Eases Union Recognition Withdrawal for Employers