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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