Kramer, Elkins & Watt

Category: Employment

Can I hold an employee’s paycheck?

We employers have all been there: an employee quits without notice, and still possesses uniforms or equipment that belong to the company.  Or worse, the employee is disgruntled and damages property of the company on her way out.  It’s alright, I’ll just hold her last paycheck hostage until she returns the property or pays me […]

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How do probationary periods of employment affect Unemployment Insurance?

  If I terminate an employee after a 90 day probationary period, do I still have to pay Unemployment Insurance? Most likely, yes. But, not immediately. And, possibly not ever. Contrary to popular belief, a probationary status has no bearing on whether an employer has to pay unemployment insurance. Whether an employer plans on having […]

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Do business owners need to pay Unemployment Insurance?

  Let’s start with some background on unemployment insurance in Wisconsin. What is unemployment insurance? Unemployment Insurance (“UI”, sometimes also referred to as Unemployment Compensation or UC) is a program that provides weekly wage replacement benefits for eligible individuals who have lost employment. In Wisconsin, UI is administered through the Department of Workforce Development (“DWD”). […]

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Can my child work at my business?

As recently reported in the news, The Mixing Bowl Bakery, in Sauk City, Wisconsin is under fire for accusations of violations of child labor laws. The bakery is owned by Curtis and Vickie Eberle, a couple with nine children, many of whom work with them at the Mixing Bowl. The kids range in age from […]

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How Badly Does My Employee Have to Mess Up to be Denied UI Benefits?

An employee messed up.  You need to fire him or her.  Will he or she receive unemployment insurance (“UI” also sometimes referred to as unemployment compensation) benefits?  Well, the UI division, and the courts, look at just how bad the conduct was.  In a recent decision, the Wisconsin Court of Appeals provides employers with additional […]

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EPIC Systems Arbitration Agreement: Is it enforceable?

  Epic Systems Corp., (Epic) creates medical software used by many hospitals and doctor’s offices to track and maintain patient charts and communicate information to patients. On April 2, 2014, Epic sent an email to some of its employees that contained an arbitration agreement. The arbitration agreement stated that “wage-and-hour claims could be brought only […]

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Must I allow my employees time off when their child’s school is closed?

Probably not.  But, a good employer is careful in enforcing any time-off policies, even those that may appear to be innocuous. Madison schools closed last Wednesday, to the shock of many parents including me.  I respect the decision, and do not envy the tough call district officials have to make in the wee hours of […]

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FLSA Overtime and Salary Changes – Put on Hold

FLSA Overtime and Salary Changes – Put on Hold No longer going into effect December 1, 2016 This just in… A federal court, on November 22, 2016, issued an injunction to temporarily stop the Department of Labor from implementing the new rules which were set to change, among other changes, the minimum salary that must […]

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Leave work and vote tomorrow!

In case you haven’t noticed, we’re choosing a presidential candidate tomorrow. Will it be Hillary Clinton/Tim Kaine on the Democratic ticket or Donald Trump/Mike Pence on the Republican ticket? In addition to the presidential election, several states will be voting on the senate. Here is a breakdown: Current sitting senators: 54 Republicans + 45 Democrats […]

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What employee records am I required to keep?

No one ever asks me this question. I’m hopeful that is because all the business owners that I know and work with know these rules and keep immaculate records. On the off chance that I am wrong, the following is information regarding some basic recordkeeping requirements. Recordkeeping requirements are mandated by the Fair Labor Standards […]

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