1. Basic Principles of Employment Law
2. Overview of State and Federal Employment Statutes
3. Hiring
4. Employment Agreements and Employee Handbooks
5. Wages and Hours
6. Employee Benefits
7. Occupational Safety and Health
8. Worker’s Compensation
9. Privacy and Individual Rights
10. Personnel Management and Records
11. Termination of Employment
12. Unemployment Insurance
13. Wrongful Discharge
14. Employment Discrimination
15. Postemployment Competition

• Table of Cases
• Table of Statutes, Regulations, and Rules
• Index

The 2023-2024 supplement includes a number of changes such as:

• The U.S. Supreme Court addressed “undue hardship” and “accommodation” in the context of religious discrimination
• The U.S. Department of Labor published its Employee or Independent Contractor Classification Under the Fair Labor Standards Act final rule
• The Wisconsin Court of Appeals addressed the scope of the term “arrest record” and coverage under the Wisconsin Fair Employment Act
• The Wisconsin Court of Appeals addressed provision of medical evidence to establish the existence of a disability, employer liability for refusing to reasonably accommodate a disability, and employees’ duty to mitigate
• The Equal Employment Opportunity Commission filed its first lawsuit challenging an employer’s use of artificial intelligence in hiring decisions
• Numerous unemployment insurance cases were decided by Wisconsin’s Labor and Industry Review Commission, including topics relating to administrative concealment penalties, good cause for quitting, and fraudulent concealment

The 2022-2023 supplement includes a number of changes such as:

• In 2022, the EEOC issued guidance on employer compliance with the Americans with Disabilities Act while using software that relies on algorithmic decision-making
• On January 5, 2023, the Federal Trade Commission released a Notice of Proposed Rulemaking on noncompete agreements
• The Western District of Wisconsin, in 2022, considered an employee’s reasonable expectation of privacy regarding employer intrusions into a private account
• The Labor and Industry Review Commission decided numerous unemployment insurance decisions involving pandemic unemployment assistance issues in 2022
• In 2022, the Wisconsin Court of Appeals addressed whether deferred prosecution agreements, deferred judgments of conviction, and deferred entries of judgment are part of an individual’s arrest record or conviction record and confirmed remedies to be awarded in mixed-motive cases
• In 2022, the U.S. Court of Appeals for the Seventh Circuit issued decisions analyzing whether an individual posed a direct threat to the health and safety of the individual or others and explaining an employee’s burden in constructive discharge cases

The 2021-2022 revision includes a number of changes, such as:

• The U.S. Supreme Court’s 2021 holding regarding criminal liability for employees who exceed their authority to access a computer system or database
• The Wisconsin Supreme Court’s 2022 analysis regarding application of the substantial-relationship exception to the Wisconsin Fair Employment Act’s general prohibition against conviction-record discrimination when the conviction involves domestic violence
• A 2021 case from the Western District of Wisconsin addressing the definition of “trade secret”and availability of conversion and theft claims in such circumstances
• Updated information on federal and state legal issues pertaining to COVID-19 and the pandemic, including: the U.S. Supreme Court’s ruling on OSHA’s emergency temporary standard mandating COVID-19 vaccination or testing of certain employees; the EEOC’s publication addressing COVID-19, the ADA, the Rehabilitation Act, and other EEO laws; and, pandemic assistance, emergency relief, and other related unemployment benefit issues  
• Expanded explanation of Wisconsin’s worker’s compensation system and added discussion of worker’s compensation coverage when employment causes psychological injuries and statutory provisions applying to pursuit of benefits by law enforcement officers and fire fighters diagnosed with posttraumatic stress disorder

State Bar of Wisconsin PINNACLE® is the premier publisher of practice guides and handbooks for Wisconsin's attorneys, written by Wisconsin's attorneys. PINNACLE relies on the expertise and contributions of volunteers from within the State Bar of Wisconsin membership to help develop and deliver timely, relevant information to assist Wisconsin's attorneys provide the highest-quality representation and service.

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