labor lawAdivision of labor law center

A number of states have implemented laws that require employers to recognize domestic partnerships for benefit purposes, including partnerships between gay or lesbian couples.

From a practical standpoint, these laws mean that in selected states, employers who offer benefits to spouses of employees must offer similar benefits to registered domestic partners in many cases, including same-sex couples. In many cases, it also entitles the couples to family leave under a state law.

Most employers will find that the biggest difference is in (more…)

The Wisconsin minimum wage is currently $7.25 per hour, the same as the federal minimum wage.

In 2006, both the federal and Wisconsin minimum wages were $5.15 per hour. At that point, the federal minimum wage had less purchasing power than the $1.60 per hour minimum in the 1960s. To address this issue, the Fair Minimum Wage Act or FMWA was enacted in 2007. The FMWA set forth a series of three increases to the federal minimum wage, beginning in 2007 and ending in 2009.

The third and last increase occurred on July 24, 2009 and bumped the federal minimum from $6.55 per hour to $7.25 per hour. This increase will have an effect on most employers in Wisconsin.

Wisconsin is one of 28 states that currently have a minimum wage equal to the federal minimum wage. Those states include Alaska, Delaware, Florida, Georgia, Indiana, New Hampshire, New York and Utah.

By contrast, there are 5 states with no minimum wage at all. Those states are Louisiana, Tennessee, Mississippi, South Carolina and Alabama. Kansas has the dubious distinction of being the state with the lowest minimum wage, at $2.65 per hour.

Employees in Wisconsin are entitled to the Wisconsin minimum wage unless they are covered under the Fair Labor Standards Act of 1938 (FLSA).

The FLSA is the relevant law for the federal minimum wage and applies to companies earning at least $500,000 per year, and to employers and individual employees engaged in interstate commerce.

Interstate commerce is defined as doing business with other states, such as manufacturing goods for sale out-of state, buying goods from out-of state, and answering phone calls from out-of-state vendors. In addition a company that uses the Internet or accepts credit card or debit card for payments is considered to be engaged in interstate commerce.

It is rare to find a business that does not engage in interstate commerce, therefore, most of the employers in all states need to pay their employees the federal minimum of $7.25 per hour.

In a business that does not engage in interstate commerce, it is possible (more…)

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, (more…)

The July 24, 2008 federal minimum wage increase affects employers in a number of states. Under the Fair Minimum Wage Act of 2007, the federal minimum wage increased by 70 cents from $5.85 to $6.55 per hour.

This increase affects most employers in states where the state minimum wage is lower than the new federal rate. Under federal law, when an employee is covered by both state and federal law, the employee is entitled to coverage under whichever law provides the greater benefit.

This means that if (more…)

Effective July 24, 2008 the federal minimum wage increases 70 cents from $5.85 per hour to $6.55 per hour.

This move will also increase the minimum wage in 10 states, where the state adopts the federal minimum wage automatically. Those states include: (more…)