May 2009
On April 1, 2009, the Milwaukee Equal Rights Commission issued proposed rules implementing the Paid Sick Leave Ordinance, which is currently enjoined pending a hearing on May 11. These rules establish the standards and procedures that will be used to implement and enforce the ordinance if it survives the pending legal challenge. In many respects, they are even more frightening than the ordinance itself, and further reason why the ordinance should be permanently enjoined.
For example, the rules apply to “all employees who perform work in the City of Milwaukee, including on a part-time or temporary basis… regardless of where their employer is located.” The only exceptions are employees in town for a convention and employees who work in Milwaukee less than 90 hours per year. Amazingly, the rules also apply to employees who travel to Milwaukee to make a delivery or pick-up, including any hours they drive within city limits – except for employees who drive through the city but do not stop. Unbelievable!
Meanwhile… as of this date, no less than 15 other municipalities have enacted measures to prevent any such ordinances from being enacted in their communities. They include the cities of New Berlin, Greenfield, West Allis, South Milwaukee, Franklin, Wauwautosa, Oak Creek, Glendale, St. Francis, Cudahy and Greenfield; and, the villages of Menomonee Falls, Germantown, Brown Deer and Kewaskum. Many other municipalities are in the process of considering similar action.
Questions? Please contact WS Shareholder and Senior Attorney Alan Seneczko in our Oconomowoc, WI office at (262) 560-9696, or alseneczko@wesselssherman.com.
