Wisconsin Legal Cases NFIB is Fighting.

Date: September 23, 2013 Last Edit: May 24, 2016

Machinists Local v. Walker
– Labor & Employment

Circuit Court Dane County

The Legal Center joined a
business coalition brief that is defending Wisconsin’s right to work law before
the Circuit Court of Dane County. Thereafter the Court ruled that the Right to
Work Statute was unconstitutional, which resulted in an immediate appeal by the
State. Concurrent with the appeal, the State sought a stay to prevent unions
from compelling collective bargaining agreements requiring employees to
financially support the unions. NFIB joined with National Right to Work in
filing an amicus brief in support of the State’s motion for stay.

Status: PENDING. Amicus
brief filed 4/6/15. Amicus filed 5/16/15.


Murr v. State of Wisconsin
Property Rights

U.S. Supreme Court – cert
petition

In this case Wisconsin courts held that a landowner
can be denied the right to build anything on an adjacent parcel of land without
incurring an obligation to pay for the taking of the owner’s property rights.
The Wisconsin courts inappropriately treated two separate lots as a single
property to defeat the owner’s takings claim. Accordingly, the case is
concerning for small business landowners who may be interested in expanding
their operations on adjacent lots, or interested in investing in other
development opportunities near their existing facilities.

Thyssenkrup Waupaca Foundries v. DeKeyser
Employment
U.S. Supreme Court – cert petition (Wisconsin district court)

This case
concerns whether donning and doffing is compensable if the employer encouraged,
but did not require, its iron foundry employees to shower and change clothes
before and after their shifts. Employees sued for unpaid overtime, and the district
court granted summary judgment, concluding that “the fact that OSHA has
promulgated a standard for [hazardous material] exposure that does not mandate
changing clothes and showering after work requires the conclusion that such
activities are not required by the nature of the work.” NFIB filed an amicus in
support of the employer’s cert petition.

~

If you have a case that impacts
small business, please contact us at 1-800-552-NFIB as we are actively looking
for opportunities to weigh in on important issues in this state. NFIB Small
Business Legal Center is involved in many cases that impact this state and
others; to see our complete list of Supreme Court cases click on Washington, DC
on the interactive map.

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