Douglas E. Witte

• Advising employers on employment issues, such as hiring, discipline and discharge, wage and hour laws, FMLA, ADA, unemployment compensation issues, and workers' compensation claims.
• Representing employers in employment discrimination suits before state and federal courts and administrative agencies including Wisconsin’s Equal Rights Division and the EEOC. This includes defending employers who have EPLI or other insurance.
• Representing public and private employers in collective bargaining negotiations and contract administration issues including grievance and arbitration proceedings.
• Advising employers on union issues, including secondary boycott matters, picketing and reserved entrances, union organizing campaigns, “salting,” handbilling, and bannering.
• Defending employers in NLRB representation and unfair labor practice proceedings.
• Defending public employers in various proceedings before the Wisconsin Employment Relations Commission.
• Advising on open records and open meetings issues.
• Representing school districts in personnel matters and expulsion hearings.
• Representing contractors and subcontractors on construction issues, including prevailing wage issues on public construction projects, and public and private construction lien and bond issues.

Cases

• Jade Wang v. Covance, Inc., ERD Case No. CR201201738 (ALJ dismissal on merits on March 6, 2015) (involving race, national origin, color, sex, age, and retaliation)
• Jacob Searles v. Angelo Lake Cranberry Co., LLC, ERD Case No. CR201300087 (ALJ dismissal on merits on May 15, 2015) (involving disability accommodation and alleged termination due to disability)
• Michelle Neumann v. Fountain View Care Center, ERD Case No. CR201201202 (ALJ dismissal on merits on April 24, 2015) (involving alleged retaliatory termination for reporting under Health Care Worker Protection Law)
• Dodgeland Educ. Association v. WERC, 250 Wis.2d 357, 2002 WI 22, 639 N.W. 2d (Wis. 2002)
• Racine Education Association v. WERC, 238 Wis.2d 33, 2000 WI App 149, 616 N.W. 2d 504 (Wis. App. 2000)
• Building and Construction Trades Council of South Central Wisconsin v. Waunakee School District, 585 N.W. 2d 726, 221 Wis.2d 575 (Wis. App. 1998)
• Racine Education Association v. WERC, 214 Wis.2d 353, 571 N.W. 2d 887 (Wis. App. 1997)
• Town & Country Electric, Inc. v. NLRB, 34 F. 3d 625 (8th Cir. 1994)

• Wisconsin State Courts
• United States District Court for the Western District of Wisconsin
• United States District Court for the Eastern District of Wisconsin
• United States Supreme Court

• Recognized in The Best Lawyers^® in America
  • Education Law, 2024-Present
  • Employment Law - Management, 2024-Present

• Author:
  • “FLSA Overtime Changes Take Effective December 1, 2016,” The Municipality, October 2016
  • “Overtime Changes Take Effect December 1, 2016,” Merit Shop Contractor Wisconsin, September/October 2016
  • “Wisconsin 2015-2016 Legislative Round Up,” Boardman & Clark LLP’S HR Heads Up, April 2016
  • “Labor and Employment Law Issues and The 2016 Election,” State Bar of Wisconsin Labor and Employment Law Section, April 2016

• Presenter:
  • “Legal Update,” Wisconsin Technical College System HR Leadership Program, March 2017
  • “Complying With and Managing Under FLSA Regulations,” Boardman & Clark LLP’s 16th Annual School Law Seminar, November 2016
  • “To Expel or Not to Expel . . . And If You Do, How To Do It Right,” WSAA/WASB Employment and School Law Seminar, October 2016
  • “Prevailing Wage: What Will Be Different/What Will Be The Same?,” Associated Builders and Contractors of Wisconsin HR Conference, October 2016
  • “Legal Update: A Discussion of Significant Law and Cases,” Associated Builders and Contractors of Wisconsin HR Conference, October 2016
  • “And It’s All Because I Complained About . . . Update On Retaliation Claims,” Wisconsin County Mutual Insurance Corporation’s 24th Annual Corporation Counsel Defense Counsel Forum, October 2016
  • “FLSA Update,” Associated Builders and Contractors of Wisconsin HR Committee, August 2016
  • “Understanding The Current State Of ‘Protected Concerted Activity’,” Bagels & Coffee With Boardman & Clark LLP, September 2016
  • “Wage and Hour Update and Hot Issues,” Wisconsin Automobile & Truck Dealers Association Office Manager Conference, August 2016
  • “Overtime Rule Changes and Steps Employers Should Take Now,” Wisconsin Technical College System HR Leadership Program, July 2016
  • “Addressing Wage and Hour Issues In Schools,” WASBO Spring Conference, May 2016
  • “Hiring and Retaining Employees In A Competitive Market,” Boardman & Clark LLP’s 15th Annual School Law Seminar, November 2015
  • “Legal Update,” Associated Builders and Contractors of Wisconsin HR Conference, October 2015
  • “Prevailing Wage Reform: Are You Up To The Task,” Associated Builders and Contractors of Wisconsin HR Conference, October 2015
  • “Recent NLRB Decisions And Rules Create Problems For Employers,” Bagels & Coffee With Boardman Clark, September 2015

• Gateway Estates Homeowners Association, President
• Grand Slam Booster Club
  • Board Member, 2009-2014
  • President, 2012-2014
• Verona School District Site Council, Former Member
  • Sugar Creek Elementary
  • Country View Elementary
  • Badger Ridge Middle School
• Associated General Contractors of Wisconsin, Former Associate Board Member
• Associated Builders and Contractors of Wisconsin, HR Committee Member, 2013-2017
• Wisconsin School Attorneys Association
  • President, 2014-2015
  • Board Member, 2010-2015

• American Bar Association
  • Labor and Employment Section
• State Bar of Wisconsin
  • Labor Law Section
  • Construction Law Section
• Dane County Bar Association

• J.D., cum laude, University of Wisconsin Law School, 1989
• B.A., with distinction, University of Wisconsin - Madison, 1986