labor lawAdivision of labor law center

There are several changes in the Wisconsin labor laws that employers need to be aware of, including those regarding the Wisconsin family leave law, domestic partnerships, smoking ban, and discrimination .

 

On June 29, 2009 Governor Jim Doyle signed the Wisconsin domestic partnership law. The law, a portion of the state budget, permits registered domestic partners to enjoy the employment benefits currently offered to married couples. These include taking unpaid Wisconsin FMLA (called WFMLA) to care for a domestic partner with a serious health condition, and group health insurance coverage for partners.

 

The Wisconsin domestic partnership law goes into effect on August 3, 2009. Domestic partners will complete a declaration in their home counties, and can dissolve the partnership through a termination process at the county clerk’s office.  

 

So despite the fact that gay marriage is still illegal in Wisconsin, many gay couples will still benefit from the same privileges including being able to make end-of-life decisions for each other, and having hospital visitation rights.

 

The law also extends domestic partner benefits including health insurance to state employees.

 

Earlier in the year, Governor Doyle signed the Wisconsin Smoking Ban into law. The compromise law prohibits smoking in most workplaces including bars and restaurants. However, smoking will still be permitted in outdoor seating areas. The state law supersedes local ordinances that some have criticized as confusing.

 

The Wisconsin Smoking Ban goes into effect on July 5, 2010.

 

Another new Wisconsin law increases penalties for employers found guilty of violating state discrimination laws. The Wisconsin Fair Employment Act or WFEA provides for punitive damages of $50,000 to $300,000 based on the number of employees, from 15 to more than 500. In addition, these amounts can be adjusted upward to reflect increases in the cost of living.

 

The award of punitive damages is more likely to occur in cases where the employer acted with malice, or with intentional disregard of the employee’s rights.

 

 

 

 

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