Labor and Employment Relations Alert
No Right to a Jury Trial Under the Wisconsin Family and Medical Leave Act: Uncertainty as to
Whether Punitive and Compensatory Damages are Available
On July 17, 2009, the Supreme Court of Wisconsin issued its decision in Harvot v. Solo Cup Co., 2009 WI 85, holding that a plaintiff does not have a right to a jury trial in a civil action to recover damages under Wisconsin’s Family and Medical Leave Act (“WFMLAâ€). The Court examined whether such a right could be implied from the statute and/or mandated by the Wisconsin Constitution. It answered “no†on both issues. The Supreme Court also questioned, but did not decide, whether punitive and compensatory damages were available under the WFMLA as the plaintiff argued. This is an issue to watch, because under the federal FMLA, such additional damages are not available.
Source: IWLA and MichaelBest.com
