Whether an individual worker can or should be classified as an employee or independent contractor is a crucial question that every employer needs to answer before bringing on a worker.
WITH JESSICA M. KRAMER AND LESLIE B. ELKINS
After months of relatively little legislative activity related to the COVID-19 pandemic, the Wisconsin state legislature passed legislation providing immunity to businesses and addressing Wisconsin’s unemployment insurance program.
The focus of this article will be the provisions of additional unemployment benefits provided for in CARES and the effects in Wisconsin.
Nearly 70,000 claims for unemployment insurance were filed in Wisconsin for the week beginning March 16, 2020, with 21,000 filing on Monday March 23, and the filings are expected to rise before they subside.
It happens every year in Wisconsin. A snowstorm is brewing (or seemingly shows up out of nowhere) and you have a decision to make: Do I close the office?
Social media provides insight into a person’s life, or at least what that person wants others to see of their life. Hopping on Facebook (or Instagram or Twitter) to browse an employee or potential employee’s posted content is tempting. However, the ease of obtaining personal information with just a few clicks brings with it potential dangers for employers in Wisconsin, as well.
Today’s societal climate may help remind employers that they must be cognizant of the impact that claims of sexual or other types of harassment can have on their business and reputations.
Given this dramatic increase and the risks associated with failing an audit, employers should confirm that their current and historical Form I-9 compliance practices meet federal requirements.
If you have employees, you may have heard that you should keep employee files, also called personnel files. You may also know that there is a state law requiring employers to allow employees to view their own files. But what exactly should you keep in them?
Many businesses use independent contractors. You might use them. If both the business and the individual agree, and even put their agreement in writing, then the individual is an independent contractor, there’s nothing to worry about, right? Wrong.
Jessica M. Kramer and Leslie B. Elkins are partners at Kramer, Elkins & Watt LLC in Madison and they write about employment law. At KEW, they handle employment law matters for businesses and individuals. Jessica also represents landlords in all aspects of landlord-tenant law, while Leslie advises businesses on matters such as employee onboarding, discipline, and termination; creation of employee contracts and handbooks; unemployment insurance; wage issues; employee and independent contractor analysis; employment discrimination, harassment, and retaliation issues; and FMLA compliance, prevailing wage compliance, and defense in administrative agency matters.
Jessica received her undergraduate degree from UW–Madison in 2000 and her Juris Doctor from the UW Law School in 2004. Leslie received her undergraduate degree from the University of Illinois in 2006 and her law degree in 2009 from Chicago-Kent College of Law.