Experienced Madison Employment Law Attorney

Employment law covers a wide range of rules, regulations and case laws that govern employment relationships. At Edwards ESI, LLC, I have represented many employers in front of administrative agencies, state and federal courts and hearing officers in Madison, across the state of Wisconsin and throughout the United States. Representative areas are briefly covered below:

Wage And Hour Claims/Collective Actions

State and federal laws provide specific requirements for the payment of employee wages, including minimum wage and overtime requirements. Even though it seems simple, these laws can be quite complicated. For example, there are many exemptions to overtime requirements that depend on the details of a given position and its underlying salary. In addition, there are additional penalties for willful conduct and cost-shifting provisions that require employers to pay attorney fees if they do not prevail. Competent, experienced representation is often necessary in these circumstances.

Discrimination Claims

It goes without saying that discrimination on the basis of age, race, gender and pregnancy is illegal. Fortunately, these claims can be avoided with careful planning and proper training. As with wage and hour claims, discrimination charges can be very complex and dynamic, as the law in this area is in a constant state of flux. With my experience and skill, at Edwards ESI, LLC, I can navigate you through these serious claims, which can be very time-consuming and expensive.

Retaliation Claims

Retaliation is a form of discrimination that can be avoided through proactive compliance and sensible problem-solving skills. Unfortunately, these claims are common, and thankfully, they are avoidable. I have the experience and skill necessary to help you avoid and guide you through these difficult changes through both proactive compliance measures and, if necessary, a strong legal defense.

The ADA: Disability Discrimination

This area of law is particularly complex. What is a disability? What accommodations are necessary? Policies, procedures and measures of compassion are the strongest defenses against these claims. When these defenses break down, skilled counsel is necessary to navigate through the process that follows. I have years of experience litigating these claims, and I do so on an assertive, cost-effective basis.

Family And Medical Leave Act (FLMA) Compliance And Litigation

Like the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) requires special attention to detail. Under the FMLA, qualified employees are entitled to unpaid time off under specifically defined circumstances. When specific rules are not followed, the employer is subject to liability and potentially time-consuming and expensive litigation. I am uniquely qualified to defend your company against these claims and, more importantly, to help you avoid them.

Contracts And Executive Compensation

Often, it is necessary and wise to think ahead and negotiate contracts in an employment setting. I am uniquely qualified to draft employment contracts, noncompete agreements and executive severance packages. Flat rates are available for these services.

Employment Litigation FAQs

At Edwards ESI, LLC, I have helped many employees resolve litigation issues. Here are some common questions that I have been asked:

What is considered a wage and hour violation?

A wage and hour violation occurs as a result of an employer failing to compensate their employees for all hours worked. There are several ways an employer may face a wage and hour violation, including:

• Failing to pay minimum wage
• Failing to pay overtime
• Failing to pay for work breaks
• Taking illegal deductions from wages
• Misclassifying employees as exempt or independently contracted
• Asking employees to work “off the clock”

Employers should have extensive knowledge of Wisconsin wage and hour laws to avoid violation claims. An experienced lawyer can educate employers on their legal rights.

How can employers ensure compliance with overtime laws?

To comply with Wisconsin overtime laws, employers are required to pay employees one and one-half their typical pay for any hours worked over 40 hours in a week.

What are the key requirements for FMLA compliance?

To meet Family and Medical Leave Act (FMLA) requirements, an employer must have at least 50 employees.

An employer may be required to provide their employees with two weeks of leave for serious health conditions. An employee may also be permitted six weeks of leave for the birth or adoption of a child. Employers are required to keep an employee’s health insurance and restore an employee to their position prior to their leave.

What should be included in an employment contract?

There are several key details to an employment contract. These details may include:

• Job description
• An employee’s pay
• Duration of employment
• Health insurance and other benefits
• Termination terms and severance
• Employee schedule
• Employment effective date

Failing to include all important information in an employment contract can lead to legal complications. An attorney can help employers draft employee contracts.

What steps should be taken if an employee files a claim?

A claim can create major issues for businesses. If an employee files a claim against a business, the employer should reach out for legal representation to understand their legal rights.

Don’t Face Employment Concerns Alone

When you need help with an employment law dispute or another concern, you need a trusted legal advocate by your side. Please contact Edwards ESI, LLC, at 608-291-6355 or by filling out an online contact form if you need any help with your employment law concerns.