2024 Wisconsin Labor & Employment Year End Review

Chicago, Ill. (January 30, 2025) - Unlike its neighbors to the south and northwest, the year 2024 proved to be a quiet year for Wisconsin on the labor and employment law front. In short, Wisconsin saw a slight change to the Workers Compensation Act, and the courts provided clarification on an important issue in arrest and conviction cases.

2023 Wisconsin Act 213: Amendment to Wisconsin Workers Compensation Act

The most significant legislative change that Wisconsin saw in 2024 was the passage of 2023 Wisconsin Act 213, which amended the Wisconsin Worker’s Compensation Act. These incremental changes went into effect on January 1, 2025.

The Act includes an increase in the weekly rate for permanent partial disabilities from $430/week to $438/week for injuries that occur in 2024 and increases the permanent partial rate for injuries occurring in 2025 by another $8 to $446. The Act also permits lump sum payments to be made in advance in undisputed claims for unaccrued compensation in permanent partial disability claims without the 5% interest credit.

Significant Case in Arrest & Conviction Record Discrimination

A Court of Appeal in Wisconsin decided a hot-button issue in the area of arrest and conviction employment discrimination in 2024 in a case called Oconomowoc Area School District v. Cota. 2024 WI App 8 (2024). There, the Court clarified the scope of an “arrest record” and held that municipal violations are not an “arrest record” under the Wisconsin Fair Employment Act. Municipal ordinance violations are offenses that are punishable under local laws and regulations, such as city or town ordinances. These violations can range from minor offenses, such as parking tickets, to more serious offenses, such as disorderly conduct.

Notably, this case is currently being reviewed by the Wisconsin Supreme Court and Wisconsin employers should keep an eye out for its decision.

Governor Evers Vetoed Bill that Repealed Protections for Minor Workers

In 2024, the Wisconsin legislature passed a bill that would have added Wisconsin to the growing list of states rolling back regulations on the employment of minors.

Wisconsin Senate Bill 436 would have eliminated the requirement for employers to obtain work permits when employing 14- and 15-year-olds, removed protections related to the assignment of hazardous working conditions for minors, and eliminated additional provisions designed to protect minors with respect to working in “street trades.” However, on April 8, 2024, Governor Tony Evers vetoed the bill. Thus, the regulations on the employment of minors in Wisconsin remain unchanged.

If you have any questions about these developments, contact the author or editor of this alert. For more information on Lewis Brisbois’ capabilities in this area, visit our Labor & Employment practice page.

Author:

Alexa Bradley, Associate

Editor:

Mary Smigielski, Partner and Midwest Regional Vice Chair of Labor & Employment Practice