Nathan D. Eisenberg’s Answers

Nathan D. Eisenberg

Milwaukee Employment / Labor Attorney.

Contributor Level 8
  1. Can your employer make you pay for damages if you work in the automotive industry?

    Answered 3 months ago.

    1. Nathan D. Eisenberg
    2. Joseph Albin Larson
    2 lawyer answers

    Under Wisconsin law, there is a state statute which limits deductions for faulty workmanship, loss, theft or damage. The statute states that no employer may "make any deduction from the wages due or earned by any employee, who is not an independent contractor, for ... damage to property, unless the employee authorizes the employer in writing to make that deduction..." Unless a court determines there is "negligence, carelessness, or willful and intentional conduct" the employer cannot make such...

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  2. Can I be fired for disputing a deduction from my paycheck?

    Answered about 1 month ago.

    1. Nathan D. Eisenberg
    2. Joseph Albin Larson
    2 lawyer answers

    There is a Wisconsin statue which limits your employer's ability to deduct such amounts from your paycheck. That statute makes it improper for your employer to make such deductions. You can dispute the deduction and if your employer makes the deduction file a Labor Standards Complaint with the Wisconsin Department of Workforce Development. See the links below.

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  3. Is it legal as a cable subcontractor to get paid only by the task, regardless of the amount of time taken to tge job?

    Answered 4 months ago.

    1. Nathan D. Eisenberg
    2. Douglas J. Carroll Jr.
    2 lawyer answers

    The issue is whether or not your husband is a legitimate "independent contractor" or whether he should be treated as employees. If your husband is an employee, he would be entitled to minimum wage for all hours performing work and overtime for hours greater than forty in a week. Time attending mandatory meetings and waiting time could also be compensable. Only if he is a legitimate independent contractor, would the per job pay structure be lawful. There have been several successfull...

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  4. Holding back pay check for not signing a disciplinary action.

    Answered almost 2 years ago.

    1. Nathan D. Eisenberg
    2. James A. Walcheske
    3. Alan C. Olson
    3 lawyer answers

    I agree. There are no situations where an employer can withhold your check in order to force you to sign a disciplinary action. The Wisconsin statutes define when wages are payable, and a delay in such payment until you sign would be improper. The Wisconsin Department of Workforce Development has a Labor Standards Bureau that investigates such claims. If your employer continues to withhold your checks, you should consider filing a labor standards complaint.

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  5. Emplyer is refusing to pay my son his last paycheck

    Answered almost 2 years ago.

    1. Nathan D. Eisenberg
    2. Tajara Dommershausen
    2 lawyer answers

    Under Wisconsin Statute 109.03(2) an employee "who is discharged from employment shall be paid in full by no later than the date on which the employee regularly would have been paid under the employer’s established payroll schedule..." In addition, in most cases, an employer cannot withhold wages from an employee unless the employee authorizes the employer in writing to make that deduction. Where your son's final check had the personal loan amount deducted without his permission, he can file...

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  6. What are the regulations in Wisconsin for a small business to pay a non w-2 employment.

    Answered almost 2 years ago.

    1. Nathan D. Eisenberg
    1 lawyer answer

    Under Wisconsin law, an employer is required to pay employees at least once a month. The statute also prohibits employers from retaliating against employees who insist on payments pursuant to the statute. You would have a claim if your employer failed to pay you within this period of time, retaliated against you, or failed to pay you less than the entire amount you are owed. To pursue such a claim, you may file a labor standards complaint by filing with the Wisconsin Department of...

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  7. I was fired from my job due to sickness, can i collect unemployment?

    Answered almost 2 years ago.

    1. Nathan D. Eisenberg
    2. Randy T. Enochs
    2 lawyer answers

    Your question raises a number of issues, not all of which can be answered with the information you have provided. If you have a serious health condition which has resulted in your absence from work, it is possible that you would be eligible for family and medical leave. Your eligibility may depend on the exact reason for your absence, the size of your employer, and how long you have been employed by your employer. If you are eligible, it may have violated the law for your employer to...

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  8. Im a server. We tip share 8% of our total sales and that is subtracted from our total tips. is this fair?

    Answered almost 2 years ago.

    1. Nathan D. Eisenberg
    1 lawyer answer

    The key question seems to be whether you are paid minimum wage, or whether you are paid less than minimum wage as a tipped employee. Under the wage statutes, employers may pay “tipped employees” a lower tipped employee wage rate if they can establish that when tips and wages are added together they equal the general minimum wage rate. Where an employer uses the lower wage rate and uses the tips as a credit against minimum wage, this is known as using the “tip credit.” If an employer pays...

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  9. Is it illegal for employers to do a background check on my maiden name?

    Answered almost 2 years ago.

    1. Nathan D. Eisenberg
    2. Gordon R. Leech
    2 lawyer answers

    Under Wisconsin's Wisconsin Fair Employment Law, it is illegal for an employer to discriminate against employees for arrest or conviction records. An employer may only refuse to hire or terminate a you because of a conviction record for an offense that is substantially related to the circumstances of a particular job. If your retail theft conviction is substantially related to the job you were hired for, the employer may be able to terminate your employment without violating the law. The...

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  10. Is it legal for my employer to roll my would be overtime hours into the next pay period?

    Answered almost 2 years ago.

    1. Nathan D. Eisenberg
    2. Randy T. Enochs
    2 lawyer answers

    This conduct is probably illegal. Under the federal Fair Labor Standards Act (FLSA), non-exempt employees are entitled to overtime in any week that they work more than 40 hours. Where an employer rolls hours from one week into another week, for the purpose of avoiding overtime, that would violate the law. In the private sector, averaging hours between multiple weeks is not allowed for employees covered under FLSA (with a few exceptions). When evaluating whether this general rule applies...

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