Updates on important legal developments as they occur.
The incoming Trump administration has stated its intention to crackdown on unauthorized workers, and employers can reasonably expect an increase in enforcement activity. Employers should prepare by proactively reviewing existing documentation, ensuring proper hiring procedures, and remaining nimble in anticipation of new policies.
State and local laws in Wisconsin restrict employers’ consideration of arrest and conviction records. On December 5, 2024, the City of Madison’s Common Council voted to eliminate that 3-year lookback restriction which brings the Madison General Ordinance closer in alignment with state law.
In April 2024, the Department of Labor issued rules (“2024 Rules”) that increased the salary level that had to be paid to executive, administrative, or professional employees so that the employees were not entitled to overtime pay under the FLSA. The 2024 Rules did not change the primary duties tests, nor did they change the salary basis test. On Friday, November 15, 2024, a federal court in Texas struck down the entirety of the 2024 Rules and ruled his decision applied nationwide.