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Employment benefits and executive compensation law covers the rules and standards that govern what employees receive beyond their wages, as well as the agreements and incentives provided to executives. In Wisconsin, these laws include both federal and state requirements, covering areas such as health insurance, retirement plans, stock options, bonuses, severance agreements, deferred compensation, and non-compete clauses. The field is complex, requiring a thorough understanding of statutes, regulations, employer policies, and relevant contracts. Legal guidance can help employees and employers navigate compliance obligations, protect rights, and resolve disputes.
Legal help is often necessary when navigating employment benefits and executive compensation issues in Wisconsin. Common situations include:
An experienced lawyer can assess your situation, clarify your rights, draft or review contracts, and represent you in disputes or negotiations.
While federal laws such as ERISA, COBRA, the ACA, and the FMLA regulate many aspects of employment benefits, Wisconsin law adds state-specific requirements. Key aspects include:
It is important to understand both Wisconsin law and applicable federal law to ensure compliance and to protect your rights as either an employee or employer.
Most benefits, such as health insurance and retirement plans, are not required by law unless specifically mandated by federal statutes like the ACA. However, Wisconsin law does require unemployment and workers compensation insurance.
Wisconsin law permits employers to set their own vacation policies in employee handbooks or contracts. Unless the policy states otherwise, accrued vacation must usually be paid out upon termination, but you should review your specific agreement.
ERISA, the Employee Retirement Income Security Act, is a federal law that governs most private-sector retirement and health benefit plans. It applies to most employers in Wisconsin except government employers and certain churches.
Yes. Wisconsin requires employers with group health plans to offer a continuation of coverage to employees and dependents similar to COBRA, but this applies to employers with fewer than 20 employees who are not covered under federal COBRA requirements.
Yes, but only if they are reasonable in time, geography, and scope, and necessary to protect legitimate business interests. Wisconsin courts closely scrutinize these agreements for fairness.
This depends on the terms of your employment agreement or company policy. If you have earned a bonus or commission before termination, you may be entitled to payment.
Deferred compensation plans in Wisconsin are subject to both state tax rules and federal laws, including complicated IRS regulations like Section 409A. Improperly structured plans can lead to tax penalties, so legal review is important.
No. Both federal and Wisconsin FMLA laws protect employees from termination or retaliation for taking qualified medical or family leave. If you suspect a violation, you should consult with a legal professional.
You should follow the appeals process included in your benefit plan. If your claim is still denied, you may have a right to file a complaint with a regulatory agency or sue in court. Legal counsel can help you navigate this process.
While not always required, written agreements are highly recommended for clarity and enforceability, especially regarding compensation, duties, and benefit entitlements.
If you have questions or need more information on employment benefits and executive compensation in Wisconsin, the following organizations and agencies can provide valuable resources:
If you need legal assistance with an employment benefits or executive compensation issue in Wisconsin:
A qualified attorney can provide clarity on your rights and options and help you achieve a fair resolution to your concerns.
