New Wisconsin Electronic Discovery Rules Go Into Effect

January 06, 2011 - by: HR Hero 0 COMMENTS

by Timothy D. Edwards

On January 1, 2011, new rules for the discovery (pretrial exchange of evidence) of electronically stored information went into effect in Wisconsin.

One of the most significant changes is a “meet-and-confer” provision requiring the parties to address issues pertaining to electronically stored information early in the litigation. Back in April 2010, the Wisconsin Judicial Council struggled with this issue, but in the end, a slim (4-3) majority concluded that the mandatory meet-and-confer provision would save time and expedite the litigation.

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Compensatory, Punitive Damages for Wisconsion Discrimination Claims

June 09, 2009 - by: HR Hero 0 COMMENTS

Governor Doyle recently signed Senate Bill 20, which drastically changes discrimination claims under Wisconsin law. Previously, discrimination claims based under Wisconsin law were processed by the Equal Rights Division of the Department of Workforce Development (ERD). The only remedies available were back pay, attorneys’ fees, and reinstatement (or front pay in some instances).

Under the new law, employees can sue employers in state court for compensatory and punitive damages up to $300,000 if the employer has more than 500 employees. The compensatory and punitive damage claims don’t apply to employers with fewer than 15 employees. For employers with 15 to 100 employees, the compensatory/punitive damage cap is $50,000. For employers with 100 to 200 employees, the cap is $100,000. For employers with 200 to 500 employees, the cap is $200,000.

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Categories: FMLA / HR Hero Alerts / Wisconsin

Milwaukee Equal Rights Commission Adopts Draft of Paid Sick Leave Rules

April 13, 2009 - by: HR Hero 0 COMMENTS

On April 1, 2009, the Milwaukee Equal Rights Commission (ERC) adopted a draft of the City of Milwaukee Paid Sick Leave Ordinance Administrative Rules. These rules establish the standards and procedures the ERC will use for both the implementation and the enforcement of the ordinance by the ERC should the current legal challenge to the ordinance by the Metropolitan Milwaukee Association of Commerce fail.

As a result of the filing of this legal challenge, there is a temporary injunction in place prohibiting the city of Milwaukee from implementing the ordinance. It appears the city is proceeding on creating and approving the administrative rules as required under the ordinance so that they will be in place should the legal challenge fail or the injunction be lifted.

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Categories: Wisconsin

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Lawsuit Challenges Milwaukee Paid Leave Ordinance

December 23, 2008 - by: HR Hero 0 COMMENTS

On Monday, Dec. 22, 2008, the Milwaukee Metropolitan Association of Commerce (MMAC) filed a lawsuit in Milwaukee County Circuit Court asking the court to find that the Milwaukee Sick Leave Ordinance, passed through referendum in November and set for enforcement beginning in February, is invalid and unenforceable.

The MMAC is also requesting that the court grant its request for a temporary and permanent injunction prohibiting the city of Milwaukee, Wisconsin from enforcing the ordinance. A hearing on this injunction request is set for January 29, 2009.

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Categories: Wisconsin

Election Day Brings Milwaukee Employees Sick Leave Benefits

November 14, 2008 - by: HR Hero 0 COMMENTS

While much of the focus on the recent election has been on the results of the presidential and federal and state legislative races, in Wisconsin, city of Milwaukee voters also passed a binding referendum creating an ordinance providing sick leave benefits for all employees working within the city. Effective immediately, the ordinance is being enforced by the city’s Equal Opportunity Commission.

The ordinance applies to all employers located within the geographic boundaries of the city of Milwaukee, except for the federal government and the “state of Wisconsin, including any office, department, agency, authority, institution, association, society or other body of the state, including the legislative and judiciary, or county or local government.”

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Categories: Wisconsin

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