Tag Archive for: Employment Law

How To Sponsor an Employee for a Green Card

Employer Sponsored Green Card

Foreign workers may obtain green cards to come to the United States only if their potential U.S. employer can prove that no American worker is qualified, willing, and available to take the job. The process of proving this to the U.S. government is called “labor certification”. Here are the steps that go into sponsoring a green card for your employees.

Step-by-Step Procedures for Labor Certification

The procedures for obtaining labor certification were radically changed in 2005, in an effort to streamline and shorten the application process.

  1. Employer Requests Prevailing Wage Determination: Under the new procedures, the first step is for the employer to request what’s called a “prevailing wage determination” (PWD) from the U.S. Department of Labor (DOL) using an online system called iCert. The PWD will indicate how much is normally paid to people in jobs equivalent to the one being offered. This information is important because the employer must offer the immigrating worker 100% or more of the prevailing wage. The PWD is valid for no longer than one year, and sometimes for less time.
  2. Employer Advertises and Recruits in the U.S.: Next, the employer can begin making the required good faith effort to find a U.S. worker for the job, by advertising and recruiting in the United States. The Department of Labor (DOL) regulations spell out strict rules for recruiting. For starters, the employer must post a job notice at the worksite and announce the job in a statewide computer databank and in newspapers or other journals of general circulation, with ads appearing on two different Sundays. If the application is for a professional, the employer must conduct three additional steps chosen from a list published in the DOL regulations.
  3. Employer Files PERM Labor Certification Application Form: If, after the recruiting is done, the employer has not found a qualified, willing, available, and able American to take the job, they can submit what’s called a PERM labor certification application to the DOL. The application involves completing a multi-page form (ETA-9089). No supporting documents need be submitted, though they must be available in case DOL requests them. The DOL is supposed to make a decision on the labor certification within 45 to 60 days but often fails to meet this deadline. Decisions may take up to a year.

Next Steps Toward a Green Card

Only after the labor certification is approved can the employer and immigrant proceed forward. First, the employer must file a visa petition on USCIS Form I-140. After the visa petition has been approved, the immigrant must apply for a green card, either through a procedure called adjustment of status (if the immigrant is legally in the U.S.) or consular processing (if the immigrant is overseas).

Exceptions to Labor Certification Requirement

For workers in the following categories, no labor certification needs to be filed before the worker applies for a green card. These exceptions include:

  • Workers in what is called the “employment first preference” category, including persons of extraordinary ability in the arts, sciences, education, business, or athletics; outstanding professors and researchers; and managers and executives of multinational companies.
  • Millionaire entrepreneur immigrants (“employment fifth preference”).
  • Religious workers coming as “special immigrants” (“employment fourth preference”).
  • People whose occupations are listed on “Schedule A,” meaning that the U.S. government recognizes there is a shortage of such workers.

Gingras, Thomsen & Wachs, LLP Can Help with Employment Cases

If you’re interested in getting an employee a green card, or if you’re in need of additional information contact one of our GCW offices to learn more.

/by

Unpaid Overtime – What Are My Rights?

Unpaid Overtime

Americans work longer hours than most people in the world. In fact, the United States is one of the few nations on this planet that doesn’t set a maximum limit on the number of hours a person can work. Thus, the majority of working adults — 85.8 percent of men, and 66.5 percent of women — are clocking in more than 40 hours of work per week.

Fortunately, the state of Wisconsin has laws designed to compensate workers for overtime. Here’s what you need to know.

What Is the State Overtime Law?

The Wisconsin state overtime law is simple: Unless you work in an exempted position, you must receive one-and-a-half times your “regular rate of pay” for any and all hours over 40 that you work in a given work week.  There is also a federal law that is very similar.

There are a number of exempted positions. These include, but are not limited to:

  • agricultural employees.
  • domestic workers in a private residence.
  • some administrative, executive, and professional employees.
  • people working in sales or on commission.
  • cab drivers.
  • truck drivers and other motor carriers covered by federal transportation regulations.
  • people working in car dealerships.
  • movie theater employees.
  • workers in nonprofit organizations.

The law defines the work week as a period of seven days, or 168 consecutive hours. If you normally receive a check every two weeks, employers must still calculate overtime based on the hours worked in a given week rather than averaging the hours out over both weeks.

“Regular rate of pay” refers to an hourly rate. If you receive a salary and are eligible for overtime, your employer still needs to calculate overtime based on what your hourly rate would be.

It’s important to realize that employers are free to set the work schedule however they see fit. They are legally allowed to make overtime mandatory, and they also have the right to change an employee’s schedule to prevent an employee from working overtime hours.

What Recourse Do You Have if Your Employer Doesn’t Pay Overtime?

If you are not working an exempt position, your first step is to submit an official complaint seeking back wages to your local Departments of Labor Office. If they cannot resolve the dispute, you can then file a civil suit requesting the back wages and additional damages from the employer.  These filings are best done with the help of a lawyer.

Not only does the law ensure you get paid the overtime premium for hours you work in a week in excess of 40, but the law also protects you from retaliation if you complain about not getting paid what you deserve.

Contact GCW’s Employment Attorneys

At the law offices of Gingras, Cates & Wachs, we understand that you have bills to pay and savings to maintain. That’s why, when an employer tries to avoid paying you your fair share, we will fight aggressively on your behalf. Contact our employment lawyers for a free consultation today to see if we can help you recover wages that are rightfully yours.

 

/by

Social Media Harassment in the Workplace

Social Media

Harassment of any kind does not belong anywhere, especially in the workplace. As use of social networking sites grows, it is unfortunate, but not surprising, that incidents of social media harassment in the workplace are also on the rise.

Every Wisconsin employer should have anti-harassment policies, prohibiting workers from engaging in harassing behavior online through social media. Such policies should also address how the employer will handle violations. Unfortunately, even with the best policies and intentions, harassment can still occur. If you were the victim of social media harassment in the workplace, working with a skilled Wisconsin employment law attorney can help protect your rights. It can also send a powerful message, holding wrongdoers accountable for their actions.

Examples of Workplace Social Media Harassment

Social media harassment can take a variety of forms. Some examples include the following:

  • An employee “friends” a co-worker, supervisor, or subordinate on a social networking site such as Facebook, Twitter, LinkedIn, Instagram, Snap Chat, or others, and then posts offensive or harassing messages through the site.
  • Using the private message feature in social networking sites, one employee sends videos, photos, or text messages the recipient feels are offensive.
  • A worker “cyber stalks” another employee’s online presence, obsessively following everything the employee does or posts online.
  • A group of employees create an online website or blog that makes harassing and disparaging comments about another employee.

When such messages or posts are sent from one employee to another, it generally doesn’t matter whether they were sent during business hours or not – especially if the employer was aware or should have been aware of the activity. In many cases, it also doesn’t matter whether or not the employees used company-provided computers, tablets, or laptops to send or access such messages.

Understand Your Rights as the Victim of Harassing Social Media Posts or Messages

When a supervisor or co-worker’s comments, posts, or actions on social media rise to the level of harassing behavior that threatens other employees or somehow makes them feel unsafe, not only should you tell someone about it at work, you should also call the police.  Harassment, including harassment on line, is unlawful it if is directed at you because of your membership in a protected class.  Some examples include racial or sexual harassment, or harassment on the basis of age, disability or religion.

If you were the victim of social media harassment, the employee who harassed you should be responsible for his or her own activity, of course. In addition, your employer may have some liability for your co-worker’s, supervisor’s, or supervisee’s activities. Simply having social media policies and anti-harassment policies in place does not automatically absolve an employer of its responsibility.

You should always feel safe and comfortable reporting any type of harassment to your employer – including social media harassment. Legally, your employer is prohibited from retaliating against you for making such a report in good faith.

Contact Gingras, Thomsen & Wachs, LLP

If you were harassed by another employee’s social media activity but your employer did not address the matter or committed illegal retaliation against you after you filed a complaint, an employment law attorney from Gingras, Cates & Wachs may be able to help. To learn more about your rights and how we can help you protect those rights, contact us today in Madison, Milwaukee, Waukesha or Eau Claire.

/by

5 Signs of Age Discrimination in the Workplace

Age Discrimination

Age discrimination in the workplace can take many forms. Unfortunately, age discrimination is a pervasive problem, one that can sometimes be difficult to prove. Wisconsin workers who are 40 years of age or older are protected by Federal laws including the Age Discrimination in Employment Act (ADEA) and the Older Worker Benefit Protection Act (OWBPA), as well as state-specific laws under the Wisconsin Fair Employment Act.

If you believe you were the victim of age-related discrimination for a current, former, or prospective employer, a skilled Wisconsin employment law attorney may be able to help fight for justice.

Discrimination Can Be Overt or Subtle; Neither is Legal.

Employment discrimination based on age can include any number of situations, including decisions about hiring, promotion, job assignments, pay, benefits, training, firing, layoffs, and more. Here are five common ways age discrimination comes up in Wisconsin workplace settings:

  1. Comments or Statements About Your Age. Sometimes, managers or supervisors come right out and make disparaging statements about a workers’ or applicants’ age. Whether those statements come during performance reviews, in written communications, in one-on-one or team meetings, or are in the form of jokes, barbs, or offhand remarks, they can be evidence of age discrimination.
  2. Poor Treatment Compared to the Way Younger Workers are Treated. Older workers are sometimes given less-desirable work assignments while younger workers get the better jobs and tasks, even though the older workers are just as qualified to do the work, if not more so.
  3. Offered Early Retirement While Younger Workers are Hired. Companies in any industry can have legitimate needs to downsize their workforce. However, if you were laid off or were offered early retirement in the guise of downsizing but the company was actively hiring younger workers, there may be age discrimination in play.
  4. Skipped Over in Promotion Decisions in Favor of Younger Workers. When managers make decisions about promoting employees, giving arbitrary bonuses, or granting pay raises, those decisions should be based on the workers’ actual ability to do their jobs. Too often, those decisions are made based instead on age. If you were passed over for a promotion you believe you deserved in favor of a younger worker, you may have been the victim of age discrimination.
  5. Negative Performance Reviews Without Cause. Age discrimination can also manifest in your performance reviews. If your employee reviews become overly critical or you simply start receiving negative performance reviews when nothing else has changed, your employer may be discriminating based on your age.

Gingras, Thomsen & Wachs, LLP Helps Wisconsin Victims of Workplace Age Discrimination

If you believe you are currently experiencing age discrimination or have been the victim of age-related discrimination at a Wisconsin workplace, you need a knowledgeable, experienced employment law attorney on your side. The skilled age discrimination attorneys at Gingras, Thomsen & Wachs, LLP work with people across the state, fighting to protect workers’ rights and hold employers accountable.

To learn more and to schedule a free consultation with a GCW employment lawyer, contact us today in Madison, Milwaukee, Waukesha or Eau Claire.

/by

Should I Hire a Workers’ Comp Attorney? What Should I Ask?

workers' comp

Depending on the severity, an on-the-job injury can range from a nuisance that requires you to make some simple modifications to your work station to a major life-altering event that results in missed work, huge hospital bills, and years of recovery and rehabilitation.

Being denied worker’s compensation adds stress, confusion, and frustration at a time when you are least equipped to deal with it. Because of the complex nature of claims and retrieval, it’s best to consult a worker’s comp attorney if you are in doubt.

How Do I Know that I’m Covered?

Wisconsin law mandates that employers carry worker’s compensation insurance under most conditions. In fact, the only workers who aren’t covered are domestic help, some farm workers, volunteers, and members of religious sects. Federal and interstate employees are also exceptions under Wisconsin law, only because they are typically covered by the federal workers’ compensation statutes.

Coverage begins as soon as you start work or on-the-job training. It is “no-fault” insurance, meaning that you can collect damages even if you contributed to the injury in some way. However, under the Wisconsin Workers’ Compensation Act, you are not allowed to collect for certain things, like pain and suffering.

When Do I File a Claim?

You don’t file the claim yourself. Within 30 days of your injury, you need to inform your employers. They are legally required to file the claim on your behalf. You should let your employer know when and where you injured, how it happened, what your symptoms are, and if there were any witnesses. You also need to let a doctor examine the injury.

Don’t wait too late: After two years, you will lose your right to benefits.

What Questions Should I Ask My Workers’ Comp Attorney?

Each worker’s compensation case is different.

  • If you face permanent disability, you may want to ask if you are eligible to receive a cash payout or, in the case of prolonged loss of work, what is called a “loss of earning capacity” settlement.
  • In the case you experienced mental health issues as the result of a work-related incident, you might ask your attorney if there is a risk that your medical privacy has been violated as a result of your case going forward and what recourse you have.
  • If you are still able to work but given temporary accommodations, you may want to know if your employer can force you to do a job that you weren’t hired for or whether it is wise to quit your job if the employer isn’t following the accommodations.

Have You Suffered an On-the-Job Injury?

Wisconsin workers’ compensation attorneys at the law offices of GCW have years of combined experience in successfully resolving workers’ compensation disputes and getting meaningful settlements for their clients. Contact us for a free consultation today.

/by

When Can I Sue My Employer for Wrongful Termination?

Wrongful Termination

Getting fired is never easy. Sometimes it comes as no surprise: The company is cutting back. You know, in your heart of hearts, that your job performance wasn’t up to snuff. In these cases, you dust yourself off, polish your resume, and resolve to do better next time.

But what if you suspect you were wrongfully terminated?

In order to sue your employer for wrongfully termination under the law, you need to meet certain specific criteria. Here’s a brief overview of what they are.

The Concept of “At Will”

You may have heard the term “at will” without really understanding how it applies to your employment status.

Nearly all states in the U.S. are “at will” states. Your employer hires you “at will” and can fire you “at will” — that is, without a specific reason — just as you can quit for any reason. Individual contracts signed between employees and employers take precedence over the “at will” status of your employment, but in the absence of a contract, being fired unfairly, by itself, does not give you the ability to sue your employer.

So when, exactly can a person sue?

Discrimination Under State or Federal Law

If your termination violates federal or state discrimination laws, you may have a wrongful termination case. The complete list is broad, but most discrimination cases involve race, age, gender, or disability. Additionally, an employer is prohibited from firing an employee if they complain about discrimination or harassment because of race, age, gender, disability, or other protected categories.

Violations of the “Whistleblower” Statute

Under law, no one can force you to do something illegal — for instance, you can’t be fired for refusing to help your employer commit fraud. You also can’t be fired for reporting fraudulent activities under state and federal whistleblower statutes.

Time Off for Serious Medical Conditions

The Family and Medical Leave Act (FMLA) says that qualified employees are entitled to up 12 weeks of unpaid medical leave to care for themselves or a close family member who suffers from a serious medical condition.  Also, the FMLA gives qualified employees up to 12 weeks of leave to care for a newborn.  If your employer denies your request for a leave, or fires you for taking a protected leave, you might have a claim.

Still Wondering if You Have a Wrongful Termination Case?

GCW is a Wisconsin law firm with offices in Eau Claire, Madison, Waukesha and Milwaukee. Our compassionate and dedicated attorneys have over 20 years of experience in wrongful termination cases. We would be happy to parse the complexities of Wisconsin labor law and help you determine if you have a case. Contact us today to schedule a free consultation.

/by

Disability Discrimination in the Workplace

Disability

If you have a disability, you have legal rights. You deserve a fair chance to get a job, keep a job, and be promoted based on your qualifications and your job performance. If you need reasonable accommodations to carry out the essential parts of your job, Wisconsin and federal law say your employer should provide those accommodations.

Laws That Protect People with Disabilities on the Job

In Wisconsin, the Fair Employment Law says that employers are not allowed to discriminate against employees or job applicants because of their disabilities. This law makes it illegal to discriminate based on someone’s disabilities for many employment-related actions, including:

  • Hiring and Recruitment
  • Pay
  • Benefits
  • Promotions
  • Firing and Layoffs
  • Training
  • Harassment

The federal government offers similar protections to workers with disabilities through the Americans With Disabilities Act (commonly called “the ADA”). The ADA only applies to employers that have 15 employees or more. The Wisconsin law, however, applies to almost all employers, so you are covered even if your employer has fewer than 15 workers.

Both state and federal law protect also protect workers from discrimination when the employer believes an employee has a disability when he or she does not.  For example, if an employee recovered from a heart condition, but that employee’s boss felt the employee could not handle stress and fires him or her because of it, that employee would have a claim even though by the time of the termination, the employee was no longer disabled.

Reasonable Accommodations

Sometimes people with disabilities would be able to perform a job if there were some changes to the work environment or the job. For example, an individual with a disability might need a wheelchair ramp or screen-reading software to perform his or her job functions.

Usually, if an employee needs a modification at the workplace, the employee is responsible for asking the employer for the accommodation. The law requires the employer to provide the accommodation if it is reasonable and does not create a hardship for the employer’s business.

What is “reasonable” and what is a “hardship”? The law doesn’t provide a list or a simple answer. Every situation is different. If you any questions about how this works in your situation, you should talk to an experienced employment discrimination lawyer to find out more.

What Can You Do?

If you think you may have been discriminated against in the workplace because of your disability, there are steps you can take to protect your rights:

  1. Keep a record of anything that happens to you at work that you think may be discrimination. Record the date, the names of the people involved, and describe what happened.
  2. Talk to your employer.
  3. File a formal complaint with Human Resources or upper management.
  4. File a complaint with Wisconsin’s Equal Rights Division or with the federal Equal Employment Opportunity Commission (EEOC).
  5. Sue your employer.

Disability discrimination law is complicated. At any stage of the process described above, you will probably have questions. An employment discrimination lawyer can answer your questions. Having a good lawyer is essential if you decide to sue your employer.

Contact Gingras, Thomsen & Wachs, LLP

Gingras, Thomsen & Wachs, LLP is passionate about fighting for the rights of workers with disabilities. Contact our attorneys today for a free consultation.

/by

What To Do When Your Employer Is Uncooperative in a Workers’ Compensation Claim

Workers Compensation

Nobody wants to be injured on the job, but work injuries happen across the state of Wisconsin every day. The workers’ compensation system is designed to provide most Wisconsin workers with insurance protection when they are hurt at work.

Workers’ compensation laws say that when work related injury occurs, the employer must pay for the injured employee’s medical bills, including doctor’s bills, hospital bills, prescription and over-the-counter medications, medical or surgical supplies, rehabilitation, and more. In addition, the employer must pay for the employee’s travel expenses to seek treatment. If your injury causes temporary or permanent disability, your employer also should pay weekly benefits while you’re unable to work.

Employers’ Duties

If a work-related injury occurs, the employer is expected to file a claim with its workers compensation insurer promptly.

When the workers’ compensation system operates as intended, it can provide a valuable safety net to injured employees, helping ensure their own financial picture is not negatively impacted because of injuries sustained on the job. Unfortunately, some Wisconsin employers try to stall injured workers’ claims, try to avoid claims, or are simply uncooperative when an employee files a claim.

Steps to Take When Your Employer Isn’t Cooperating

If your employer is not cooperating in filing your claim, your first step should be to take it up with your human resources department. If there was a mistake internally, it may just take you bringing it to the company’s attention for it to be resolved.

If this does not resolve the problem, you can identify your employer’s workers compensation insurance company and make a claim with the insurance company yourself.

If your employer is still stalling or is refusing to cooperate with your claim for workers’ compensation benefits, a Workers’ Compensation attorney may be able to help. You have the right to appeal disputed claims and hiring an attorney who understands the system and processes can help you present evidence to bolster your claim for benefits.

Injured Workers Have Rights

The Wisconsin Worker’s Compensation Act gives workers the right to request hearings before Administrative Law Judges (ALJ) who will review all of the relevant facts and circumstances in disputed workers’ compensation claims and make rulings based on that information.

You may also have the right to sue a third party who is not your employer if you were injured on the job because of that third party’s actions or negligence.

At Gingras, Thomsen & Wachs, LLP, our workers’ compensation attorneys are committed to helping injured workers across the state of Wisconsin obtain the benefits the law says they are entitled to receive. To learn more and to schedule a free review of your case, contact us today in Madison, Milwaukee, Waukesha or Eau Claire.

/by

Workplace Discrimination Laws in Wisconsin

Workplace Discrimination

Discrimination in the workplace is illegal. Unfortunately, it happens every day in businesses across the state of Wisconsin. Whether you are a candidate for employment, a current employee, a former employee, or are a Wisconsin employer, it’s important to understand the framework of laws that are designed to prevent discrimination and hold businesses accountable when discrimination happens.

Overview of Workplace Discrimination Laws

People working in Wisconsin are protected by both state-specific and federal employment laws. Some of those laws include the following:

  • Wisconsin Fair Employment Act (WFEA). This state-specific law says employers cannot discriminate based on age, race, creed, color, disability, membership in any military forces reserve unit, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, and more. Employers are also prohibited under this law from requiring genetic testing or lie detector tests and cannot discipline employees based on the results of such tests.
  • Title VII of the Civil Rights Act of 1964. This federal law prevents discrimination based on a person’s race, gender, sexual preference, national origin, or religion.
  • Equal Pay Act. Employees have the right to be free from discrimination on the basis of sex when it comes to employment compensation.
  • Pregnancy Discrimination Act. Employers may not discriminate against employees who are pregnant.
  • Age Discrimination in Employment Act. This law makes it illegal to discriminate based on an employee’s age.
  • Americans with Disabilities Act (ADA). Employers may not discriminate against employees who have physical or mental disabilities. The WFEA actually provides stronger protection for employees than the federal ADA provides.
  • Uniformed Services Employment and Reemployment Rights Act of 1994. This law makes it illegal for employers to discriminate against veterans of the armed services.
  • City-Specific Laws. Some Wisconsin cities and towns also have municipal laws that protect employees from workplace discrimination.

With respect to each of these laws, employees are also protected from retaliation if they complain about discrimination under one of these laws.

Understanding Your Employment Rights

Discriminatory acts can occur in job postings, recruiting and hiring practices, employment evaluations, promotion (or demotion) decisions, compensation decisions about raises and bonuses, training, disciplinary action, or termination decisions.  A victim doesn’t need to be a current employee for an employer to break one or more of these anti-discrimination laws.

Most discrimination comes in the form of a discrete act.  For example, an employee might be fired because of his or her race, or an employee might be denied a promotion because of his or her gender.  However, discrimination can also come in different forms.  The law prohibits harassment based on an employee’s race, gender and membership in other categories, as well.  An employer can be liable for creating or tolerating a hostile working environment.

When discrimination occurs, employers should be held accountable. Each of the laws mentioned above provide penalties for employers found guilty of engaging in discriminatory behavior.  But quick action is required:  the time limits for bringing claims is less than a year.

Take Action with Gingras, Thomsen & Wachs, LLP

If you believe you have been the victim of harassment or discrimination in the workplace, or if your business is concerned about its risks or needs to defend against claims of discrimination, the Employment Law attorneys at GCW may be able to help. There are timing considerations involved in filing discrimination claims under various laws, so it’s in your best interest to talk to an attorney sooner rather than later.

We have decades of experience helping both employees and employers with employment law matters. To learn more, and to schedule a case evaluation, contact us in Madison, Milwaukee, Waukesha or Eau Claire today.

/by
Facebook-circled Facebook-circled
Linkedin-circled Linkedin-circled
Instagram Instagram
Youtube-play Youtube-play
Rss Rss
EAU CLAIRE
101 Putnam St
P.O. Box 390

Eau Claire, WI 54703

715.598.3737

MADISON
8150 Excelsior
Drive

Madison, WI 53717

608.807.0039

MILWAUKEE
219 N Milwaukee St
Suite 520

Milwaukee, WI 53202

414.928.7756

WAUKESHA
Please call to
schedule an appointment.

Waukesha, WI 53186

414.310.3187

Nationally Recognized Law Firm

Super Lawyers - profiles.superlawyers.com
Gingras, Thomsen & Wachs, LLP | Attorneys at Law | Lawyers in Wisconsin | GTW is ALL IN TO WIN®

Gingras, Thomsen & Wachs, LLP | Attorneys at Law | Lawyers in Wisconsin | GTW is ALL IN TO WIN ®
Located in Wisconsin, the law firm of Gingras, Thomsen & Wachs, LLP represents clients throughout Wisconsin, including, but not limited to the cities of Madison, Milwaukee, Eau Claire and Waukesha.

© 2026 Gingras, Thomsen & Wachs, LLP — All Rights Reserved. Privacy Policy. Terms of Service. Website powered by image.works.