By: Alan E. Seneczko, Esq.
Over the past several months, we have alerted our readers to a number of employment-related bills - none employer-friendly - introduced and pending before the Wisconsin State legislature. Fortunately, most of those bills never survived the end of the '09- '10 session and failed to pass. Here are the results:
Passed
Union Organizing, 2009 Wis. Act 290 - prohibits employers from discriminating against employees who refuse to attend employer-sponsored meetings or to participate in communications relating to religious or "political matters" (which just happens to be defined to include "joining or not joining a labor organization."). Effective date: 05/27/10. [Note: It is very likely that this bill will be found to be preempted by section 8 (c) the National Labor Relations Act, which grants employers the right to express views, opinions and arguments on union issues, as long as they are not accompanied by threats of reprisal or force or promise of benefits.]
Emergency Response Absence, 2009 Wis. Act. 140 - requires an employer to permit an employee who is a volunteer firefighter, EMT, etc., for a volunteer or non-profit fire department to be late to or absent from work (w/o pay) in order to respond to an emergency that begins before the employee is required to report to work. Effective date: 03/18/10.
Compensatory and Punitive Damages, 2009 Wis. Act 20 - amends Wisconsin Fair Employment Act to provide for the recovery of compensatory and punitive damages in circuit court upon a finding of discrimination by the Equal Rights Division. Effective date: 07/01/09.
Failed to Pass (among others)
Employee Email, AB 30 - sought to regulate and prohibit an employer from monitoring an employee's use of a computer system owned by the employer, unless it first developed and distributed a written policy governing employee use of the system.
Access to CCAP, AB 340 - limited employer access to CCAP; required employers who search a person's name on CCAP and then deny him employment to inform the individual of the search.
School Activity Leave, AB 116 - amend Wisconsin FMLA to allow any employee (including those who have not been employed for 52 weeks and/or worked 1000 hours in the preceding 52-week period) to take up to 16 hours of leave for "school conference and activities."
Workplace Bullying, AB 894 - created exception to exclusive worker's compensation remedy to allow victims of "workplace bullying" to file a civil claim for damages against their employer and co-workers.
Credit History Discrimination, AB 367 - added "credit history" as a protected category under the Wisconsin Fair Employment Act.
Questions? Please contact WS Shareholder and Senior Attorney Alan E. Seneczko at (262) 560-9696, or alseneczko@wesselssherman.com.
