On June 5th, the US Supreme Court issued a unanimous opinion that reversed the Wisconsin Supreme Court to find that the state court had violated the establishment clause of the First Amendment by explicitly imposing “a denominational preference by differentiating between religions based on theological lines.” By distinguishing between religious bodies that engage in proselytizing with their charitable activities and the Catholic Church that does not engage in proselytizing with its charitable activities, an illegal distinction had been made
Continue Reading Catholic Charities: Religious exemption found
Latest from Wisconsin Unemployment
Department Proposals in 2025
At the 20 March 2025 meeting of the Unemployment Insurance Advisory Council, the Department introduced another round of extensive, substantive proposed changes to unemployment law.
Note: Despite many of these proposals being repeats from prior proposals, the Department did not include any financial estimates with these current proposals. At the April 17th Council meeting, however, the Department included fiscal estimates. Accordingly, the links to the proposals are to the April 2025 versions and not the March 2025 versions that
Continue Reading Department Proposals in 2025
SSDI eligibility ban in Wisconsin is illegal
On July 17, 2024, the United States District Court for the Western District of Wisconsin ruled on a case challenging whether it was legal to prevent recipients of Social Security Disability Insurance (SSDI) from also receiving Wisconsin unemployment compensation benefits. The court held that the state law that automatically prevented SSDI recipients from receiving unemployment compensation benefits violated federal law that protects disabled people. As a result, the SSDI eligibility ban has been found to discriminate against disabled
Continue Reading SSDI eligibility ban in Wisconsin is illegal
Catholic Charities of Wisconsin at the US Supreme Court
The US Supreme Court granted the petition for review in Catholic Charities, and oral argument is scheduled for March 31st at 10am eastern time. You can listen to the oral argument at this link.
The issue being addressed by the justices in this case is:
Does a state violate the First Amendment’s Religion Clauses by denying a religious organization an otherwise-available tax exemption because the organization does not meet the state’s criteria for religious behavior?
Framed in
Continue Reading Catholic Charities of Wisconsin at the US Supreme Court
Unemployment Claims for Federal Employees
Given the mass layoffs of late happening with federal employees, some information for how federal employees can claim unemployment benefits is probably needed.
In general, the administration and eligibility calculations/determinations of unemployment benefits is handled at the state level. The benefits themselves, however, come from the federal government. Because the administration varies from state to state, the claim-filing process and benefits vary according to the state handling that unemployment claim. So, a federal employee filing in Minnesota rather
Continue Reading Unemployment Claims for Federal Employees
Forced arbitration for workers
For more than a decade, an increasing number of workers are finding that they have “agreed” to have all of their workplace disputes handled through arbitration proceedings.
Note: This “agreement” is often little more than a clause in small print in pages of paperwork that you sign with no discussion or even chance to review.
The problem is that this forced arbitration of a dispute is a one-time, private resolution. While the arbitrator is, in theory, a neutral decision-maker,
Continue Reading Forced arbitration for workers
Catholic Charities of Wisconsin might be going to the US Supreme Court
The diocese has petitioned for review before the US Supreme Court the Catholic Charities decision by the Wisconsin Supreme Court.
Note: All the filed materials with the US Supreme Court are available at the court’s public docket for this case.
In its decision, Catholic Charities v. LIRC, 2024 WI 13, the Wisconsin Supreme Court held that non-profit entities affiliated with the diocese (but not actually funded by the diocese) were not exempt from paying unemployment taxes
Continue Reading Catholic Charities of Wisconsin might be going to the US Supreme Court
Public hearing on unemployment in 2024
The Wisconsin Department of Workforce Development has scheduled a public hearing on unemployment benefits and taxes for Thursday, November 21st, at 2 to 4 pm and 5 to 6 pm.
This public hearing is online only (via webex) and requires prior registration for both sessions: registration for the 2 to 4 pm session and registration for the 5 to 6 pm session.
Comments can also be submitted in writing via [email message](mailto: UILawChange@dwd.wisconsin.gov) or written letter to:
Janell
Continue Reading Public hearing on unemployment in 2024
Which political party is more likely to lead to economic gains
Or, who should be in charge for the sake of middle-class prosperity, Mr. Potter or George Bailey?
Unemployment is a key economic indicator, as the rate is tied to whether companies are hiring or laying off workers. The whole point of unemployment benefits, after all, is economic insurance for businesses so that their customers continue to have money to buy the things they need, like food and housing.
The decreased and irregular purchasing power of wage earners in turn
Continue Reading Which political party is more likely to lead to economic gains
No Administrative Concealment Penalties for Lost Wages Assistance
There is no doubt any longer that the 40% administrative concealment penalty that the Department charges for unemployment fraud is highly profitable to the Department.
Note: The 40% administrative penalty is actually two separate penalties: a 15% penalty that goes back into the unemployment trust fund and a 25% penalty that goes into a separate program integrity fund.
The program integrity fund has mushroomed in size with the Covid-19 pandemic, as all of those unemployment benefits that were
Continue Reading No Administrative Concealment Penalties for Lost Wages Assistance
Gig Workers in Wisconsin
On March 26th of this year, the Wisconsin Supreme Court decided that further review in Amazon Logistics v. LIRC, 2024 WI 15, was premature. As a result, the court of appeals decision in Amazon Logistics v. LIRC, 2023 WI App 26, 407 Wis.2d 807, 992 N.W.2d 168, remained in place.
Before getting to that appeals court decision and what it means, the terrain for gig workers (also called self-employed workers or independent contractors) has been in a
Continue Reading Gig Workers in Wisconsin
Wisconsin economic news
Jake has been on a tear with economic news for Wisconsin, and it has been too long since I provided an update on this front. So, I’m going to piggyback off of his efforts.
In general, Wisconsin has seen both solid job AND wage growth the past few years.
While the beginning of 2023 saw a slight slow down, the latter half of 2023 saw significant income growth in the state, especially when compared to other Midwestern states.
Change
Continue Reading Wisconsin economic news
Religious Exemptions to Unemployment Taxes in 2024
Last week, the Wisconsin Supreme Court issued its decision in Catholic Charities v. LIRC, 2024 WI 13. At issue in this case was whether the Catholic Charities entities would be exempt from paying any unemployment taxes (and their employees no longer eligible for unemployment benefits when laid off) because the Catholic Charities entities are, like churches themselves, operated for faith-based reasons.
Note: Articles on the decision have appeared in the Wisconsin Examiner, WisPolitics, and Urban Milwaukee
Continue Reading Religious Exemptions to Unemployment Taxes in 2024
Claim-filing study looking for participants
Help make government unemployment insurance forms easier to use — and get a $50 Visa gift card for your feedback.
The US Dep’t of Labor and Nava Public Benefit Corporation are looking for individuals who are unemployed or who have recently experienced unemployment to better understand the issues people face when applying on-line for unemployment benefits and completing on-line weekly certifications.
General Information
- If selected to participate, you will receive a $50 Visa gift card forcompleting a one-hour interview.
Continue Reading Claim-filing study looking for participants
Lab Test Subjects as Employees
In late 2022 and early 2023, a few folks started contacting me about being disqualified or having to repay unemployment benefits they received during the Covid-19 pandemic because of their participation in lab testing studies.
Then at the July 2023 Unemployment Insurance Advisory Council meeting, a coalition of lab testing companies and Rep. Gundrum asked the council to support a change in the law to exempt lab testing as covered employment. According to the minutes of that meeting:
Continue Reading Lab Test Subjects as Employees
PUA documentation notice is legally defective
In Colleen Koch, PUA Hearing No. 21603562MD (28 Jan. 2022), the Labor and Industry Review Commission held that the Department of Workforce
Development’s notice for the Pandemic Unemployment Assistance (PUA) documentation requirement is legally defective, as the notice lacked notice language for filing the documentation late with good cause. The Department, however, has never corrected its PUA documentation notice. Accordingly, the deadline for satisfying the PUA documentation requirement has been extended indefinitely, since all notices of this requirement
Continue Reading PUA documentation notice is legally defective