For more than 15 years, Wisconsin public employers have operated within a labor relations framework shaped by Wisconsin Act 10. Enacted in 2011, the law significantly limited collective bargaining rights for most public employees, generally restricting bargaining to base wage increases tied to inflation. It also shifted greater authority over employee benefits, working conditions, and compensation decisions to local employers.
Today, Act 10 remains in effect. In July 2026, the Wisconsin Court of Appeals overturned a 2024 circuit court decision that struck down portions of the law. The case was appealed to the Wisconsin Supreme Court in August 2026, renewing questions about the future of collective bargaining rights for Wisconsin public employees.
Although the ultimate outcome remains uncertain, public employers should understand the current legal environment, monitor future developments, and consider how a change could affect their organizations.
What to know right now.
Act 10 remains in effect. The timing and outcome of further legal review remain uncertain.
How We Got Here
What Could Change?
It remains uncertain when or how the Wisconsin Supreme Court will rule on the case. In addition to the court’s decision, statewide election results will have an impact on the future of Act 10.
If the ultimate result is a return of broader collective bargaining rights in the public sector, public employers could face a significant transition in how compensation, employee benefits, and other employment matters are negotiated.
That transition could be particularly consequential because many current administrators, elected officials, human resources leaders, and finance professionals entered public service or assumed leadership roles after Act 10 took effect. Some organizations may therefore have limited recent institutional experience with traditional collective bargaining processes.
At the same time, collective bargaining experience did not disappear entirely. Some Wisconsin municipalities and counties continued bargaining with selected employee groups after Act 10.
What Should Employers Do Right Now?
Act 10 remains in effect, so employers do not need to assume that a change has already occurred. However, this period of uncertainty provides an opportunity to assess organizational readiness.
Public employers can begin by:
- Monitoring legal developments and relying on trusted sources for updates.
- Reviewing current employee benefit programs and related financial commitments.
- Identifying leaders who would be involved if the bargaining environment changed.
- Preserving institutional knowledge and relevant historical documentation.
- Evaluating how proposed changes to compensation or benefits could affect future budgets.
- Considering how information would be communicated to employees, governing bodies, and other stakeholders.
Preparation does not require predicting the court’s decision. It means ensuring that organizational leaders understand their current programs, financial position, organizational culture, and decision-making responsibilities.
Looking Ahead
The future of Act 10 remains uncertain. Regardless of the ultimate outcome, organizations that maintain strong employee relationships, understand their benefit programs, and prepare proactively will be better positioned to respond to a changing labor relations environment.
M3 will continue monitoring developments and sharing timely information to help Wisconsin public employers understand what changes may mean for their organizations.
Learn more about M3’s public-sector and collective bargaining expertise.
Connect with your M3 Client Advisor to discuss your current programs, financial considerations, and organizational readiness.
