This summary does not constitute qualified legal advice. Laws are always subject to change and may vary from municipality to municipality. It is up to you to ensure that you comply with all the laws and statutes of your region. If you need additional compliance assistance, we recommend contacting a qualified attorney, checking with your local authorities, or registering with Homebase for help from our certified HR professionals. For at least 2 years: Keep basic records of employment and earnings, such as season cards, pay tables, shipping and accounting documents, and records of salary increases or deductions. Also keep records that show why you may pay different salaries to employees of different genders, such as pay rates, job evaluations, seniority and benefit systems, and collective agreements. There are no special state or federal laws that would require Wisconsin employers to offer meal breaks or rest periods during work hours. Wisconsin is an arbitrary employment state, meaning employers and employees have the right to terminate an employment relationship at any time without giving reasons. However, there are situations where an employer`s decision to dismiss its employee is illegal.
No law would require Wisconsin`s private employers to grant sick leave to their employees without a contractual agreement between the two parties. However, an employer may not prohibit the holder of a concealed carrying permit from storing a weapon in his personal motor vehicle, even if the employee uses the vehicle in the course of his work or if the vehicle is driven or parked on the property of an employer. Wisconsin requires employers to conduct background checks on the following types of employees or applicants: staff who work for a child care facility, child protection facility, children`s group home, child welfare facility, or temporary employment agency that provides caregivers for other facilities; Caregivers who work for a facility that directly serves clients, including a hospital, home care agency, temporary help agency that provides caregivers to other facilities, or the Long-Term Care Board. Wrongful dismissal is a common labor law issue in Wisconsin. Although discrimination in the workplace is a common factor in cases of wrongful dismissal, wrongful dismissal can result from a number of illegal factors, including: State law prohibits the employment of minors under the age of 18 in occupations or workplaces considered dangerous or harmful to life, the health, safety or welfare of a minor, or where the employment of a minor is dangerous. or endanger the life, health, safety or well-being of other employees or persons. Additional restrictions apply to minors under the age of 16. We`ve described the following subcategories of Wisconsin`s payroll laws to make otherwise dense information more accessible: COBRA laws cover employers with 20 or more employees and can allow health insurance to continue for up to 36 months. Tips under the age of 20 also receive their wages within the first 90 days of employment under a different set of rules. Young newly hired employees are called opportunity employees in Wisconsin. Your employer must pay a minimum wage of $2.13 per hour. The casual worker must then earn $3.77 per hour in tips to reach the minimum wage of $5.90 per hour.
If there is a policy that says vacation is paid upon termination, it must be followed. COBRA is a federal law that allows many employees to continue receiving their health insurance benefits after their employment ends. Because the federal COBRA only applies to employers who have 20 or more employees, many states have passed their own versions of the law known as “mini-COBRA.” Wisconsin`s Mini-COBRA allows employees to maintain coverage for up to 18 months. Employers must inform an employee of their COBRA rights within five days of the triggering event. The notification shall contain information on the payment of premiums. Wisconsin is one of the most American states that use the doctrine of “unlimited employment” to regulate their firing policies. The employee must also still be qualified to perform the duties of the position and must apply for reinstatement within 90 days of the end of military service or within six months of discharge from hospital due to a service-related problem. Employers may establish a policy that excludes employees from paying leave accrued on termination if they do not meet certain requirements. Ultimate Guide to Wisconsin`s Labor Laws: Minimum Wage, Overtime, Breaks, Vacation, Hiring, Fire, and Various Labor Laws. At least 3 years: retention of pay slips, certificates, agreements, notices, collective agreements, employment contracts and sales and purchase documents. Also keep complete copies of each employee`s Form I-9 for three years after hiring. If the employee has been working for more than three years, keep the form for at least one year after leaving.
Ultimately, we`ll get a brief overview of some of Wisconsin`s various labor laws that don`t necessarily fit into the aforementioned categories. Wisconsin`s whistleblower laws provide protections to all employees who report alleged or observed violations of state or federal laws. All Wisconsin drivers are prohibited from texting while driving. While cell phone talking isn`t prohibited for all drivers, Wisconsin has distracted driving laws that can hold a driver liable if talking on the cell phone contributed to an accident. Drivers of commercial vehicles are prohibited from using mobile phones. There are also employees under the age of 20 who may receive a “bizarre salary” of $5.90 in their first 90 days of employment. Please note that this guide was written in Q3 2022, so changes to labor laws that were incorporated later may not be included in this Wisconsin labor law guide. Wisconsin`s Health Care Continuity Act applies to employers of all sizes. Eligible employees and dependents may opt for continuous health insurance after the employee has voluntarily or involuntarily terminated employment (unless terminated for misconduct), the employee dies, or the employee`s marriage ends in divorce or annulment. Unlike the federal COBRA, Wisconsin law does not include a maximum coverage period, but specifies the circumstances under which coverage ends (for example, the person leaves the state or is entitled to other comparable coverage). In certain circumstances, an individual may be asked to upgrade to an individual policy after 18 months of continuous group coverage.
If you or a loved one is involved in a labour dispute, it is in your best interest to consult a lawyer. Labor law is a vast and complicated area of law with federal and state laws. An experienced Wisconsin labor attorney can help you protect your legal rights. The only exception in Wisconsin`s break laws is for underage employees – they allow them a 30-minute break after 6 consecutive hours. Labor law covers a variety of issues, including workers` compensation, workplace discrimination, vacation and overtime, unemployment benefits, and more. Your labor dispute is often affected by federal, state, and local laws at the same time. Wisconsin labor lawyers have experience with the intricacies and complexity of labor-related cases and can help you protect your rights. This is an example of several different labor violations that can happen to anyone in Wisconsin. In this and similar situations, the waitress may have strong arguments, but also feel powerless in the face of her employer, who could fire her for reporting her illegal actions. However, Wisconsin`s labor laws protect and empower workers from rogue employers.
A Wisconsin employer who provides information about an employee`s job performance or job qualifications to a prospective employer is considered to be acting in good faith and enjoys qualified immunity as a civil duty. Wisconsin employers can ask applicants about criminal convictions and pending charges. If a pending indictment is substantially related to the job sought, an employer may stay its employment decision until the charges are resolved. If a conviction is substantially related to the job sought, the employer may refuse to hire the candidate. Whistleblower laws prohibit employers from terminating, threatening or otherwise retaliating an employee who files a complaint in good faith. All uniformed service members are entitled to unpaid military leave under the Federal Employment and Re-Employment Rights Act (USERRA).