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Articles by Axley Attorneys
Estate Planning Is Not Just for the Wealthy: Why Every Adult Needs a Plan
When many people hear the term “estate planning,” they picture sprawling estates, family trusts worth millions of dollars, and complicated tax strategies. As a result, they assume estate planning is something they can put off or may never need at all. The reality is much simpler: estate planning is for everyone.
I Want to Start a Small Business in Wisconsin — Now What?
Deciding to start a small business is exciting, energizing, and often a little overwhelming. Whether you are turning a side hustle into something more, launching a long‑planned venture, or buying into an existing operation, this step is more than a career move: it is an investment of your time, money, and future.
Reasonable Accommodation for Workers with Mental Health-Related Disabilities
As the social stigma associated with mental health lessens each year, the rates of formal mental health diagnoses continue to rise. With a formal diagnosis, it becomes easier for a person to navigate a treatment plan and determine appropriate mental health services. The current cultural landscape shows that public awareness and advocacy for mental health will only continue to grow.
Employer Considerations for Domestic Relations Orders (DROs)
Employers who offer employee benefits in the form of qualified retirement plans should anticipate receiving a domestic relations order at some point. Upon receipt of a domestic relations order, whether in draft form or signed and certified by a court, there are certain regulatory requirements that a plan’s fiduciaries must follow.
Are They Employees or Independent Contractors? The Test for Classifying Independent Contractors is Shifting Away from “Economic Reality”
The Trump administration’s U.S. Department of Labor (DOL) rang in May by publishing guidance directing DOL to stop enforcing a Biden-era rule (that itself had rescinded a DOL rule created during the first Trump administration) on the factors distinguishing independent contractors from employees.
Justice Hagedorn Opines that There Are No Procedural Bars to Disclosure Under Public Records Laws
Justice Hagedorn opines in a solo concurrence in Wis. Voter Alliance v. Secord that the common-law legal requirements for a writ of mandamus do not affect public records cases. When seeking a court order for disclosure of a public record, section 19.37(1)(a) of the Wisconsin Statutes directs litigants to “bring an action for mandamus asking the court to order release of the record.” However, in litigation leading up to the Wisconsin Supreme Court’s review of Wisconsin Voter Alliance v.
Property Division: Which Spouse Gets the Pet in a Divorce?
In Wisconsin, pets are classified as personal property. Courts approach disputes over pets by analyzing them as they would any other piece of property, such as a refrigerator or stove. If you and your spouse cannot agree on who will keep the pet, the court is obligated to divide assets and debts equitably. This process involves assigning a monetary value to the pet and awarding ownership (along with the associated value) to one spouse.
One Step Closer: An Update on the Constitutional Challenge to Wisconsin Act 10
Earlier this summer, Axley Attorneys published an update on a notable case in Wisconsin concerning a legal challenge to Act 10 pending in Dane County Circuit Court[1]. In that update, we reported on Judge Jacob Frost’s decision in Abbotsford Education Association v. Wis. Employment Relations Commission (WERC)[2], denying a motion for a preliminary injunction and finding that parts of Wisconsin’s Act 10 violate the equal protection guarantees of the state Constitution.
Understanding Wisconsin Overtime Laws: A Practical Guide for Employers
Wisconsin state labor laws regarding the payment of overtime are largely consistent with the federal overtime laws. Like the Federal Fair Labor Standards Act, Wisconsin overtime laws apply to most Wisconsin employers. Having a basic grasp of these laws can help keep you and your business in compliance. Unless an exception applies, overtime wages equaling time and one-half of the employee’s regular rate of pay should be paid for all hours worked in excess of 40 in the workweek.
Where There’s a Will, There’s a Way to Offer Additional Employee Perks
In today’s increasingly competitive job market, employers are continuously seeking ways to enhance employee benefits and attract top talent. While health insurance, retirement plans, and paid time off are essential components of any benefits package, some companies are now offering a less conventional yet highly valuable perk: estate planning services. This benefit not only promotes employees’ financial well-being but also ensures peace of mind for both employees and their families.
Alleged Whistleblower Must Only Prove Protected Activity Was ‘Contributing Factor’
On February 8, 2024, the Supreme Court of the United States (SCOTUS) found that former employees who filed a federal whistleblower retaliation claim under the Sarbanes-Oxley Act (SOX) must only show the protected activity was a “contributing factor” to the employer’s adverse employment decision. Significantly, the Court found whistleblowers need not show “retaliatory intent”—in contrast to other federal antidiscrimination laws.
Preventing Potential Pregnancy and Parental Leave Pitfalls in the Workplace
Most employers are generally aware that federal and state laws protect employees from adverse employment actions because of pregnancy, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), and, potentially, the Americans with Disabilities Act (ADA). Employers should also be aware of and follow the Pregnant Workers Fairness Act (PWFA), which passed in 2023.
Time for Handbook Review! NLRB Adopts New Standard for Workplace Rules
On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard for evaluating the legality of workplace rules under the National Labor Relations Act (NLRA). Employers in both unionized and nonunionized settings should review their employee handbooks and policies to ensure compliance with the new standard.
Copyright Ownership of Creative Works Made for Hire
When an employer directs an employee to create a work that would trigger copyright protection, who owns the copyright? What if an employer has engaged the services of an independent contractor, who creates the work for the business? Although employers may not run into this situation very often, it has the potential to create big problems if they aren’t aware of the contours of this doctrine.
Surveillance in the Workplace: An Update from the NLRB
The National Labor Relations Board (NLRB) continues to move the needle on its interpretation of the National Labor Relations Act (NLRA) in favor of unions.
Employers Beware: NLRB Instructs on Harsh Penalties for Repeat Offenders
In its recently decided 2-1 decision, the National Labor Relations Board (NLRB) discussed additional remedies it may now consider in cases involving employers that have engaged in what the Board considers repeated or obvious disregard for employees’ rights under the National Labor Relations Act (NLRA).
Employers: Understand Income Tax Issues Brought by 'Digital Nomads'
The COVID-19 pandemic changed the employer and employee relationship forever. Prior to 2020, remote work opportunities were the exception, not the rule. In the post-COVID era, many employers have transitioned their workforce to allow remote work “from anywhere” in order to retain and attract talent. Many employees are eager to maximize their remote work opportunities by continuing their job duties while simultaneously traveling the globe.
Making Employee's Intention to Quit Effective Immediately
An employment relationship may be ended in a variety of ways with different legal consequences, so it’s important to accurately determine the method by which it’s terminated. An involuntary termination (i.e., the employee is fired) occurs when the employer decides to end the employment relationship.
Noncompete Contracts Protect Your Business in a High-Turnover Job Market
In a job market with high turnover rates, noncompete contracts are useful ways to protect your business in industries that are susceptible to damage when an employee brings knowledge of internal operations to other companies. This article is meant to help you decide whether your business would benefit from a noncompete contract for your employees or business partners. Why Draft a Noncompete Contract?
Can Hypotheticals Render Restrictive Covenants Unenforceable?
On July 14, 2022, the Wisconsin Court of Appeals ruled in favor of a former employee in a dispute over whether two uniquely worded restrictive covenants against him violated Wisconsin law. The case presents new considerations regarding what employers can and cannot include in noncompete clauses with severed employees.
Hypotheticals Can Render Restrictive Covenants Unenforceable
On July 14, 2022, the Wisconsin Court of Appeals ruled in favor of a former employee in a dispute over whether two uniquely worded restrictive covenants against him violated Wisconsin law. The case presents new considerations regarding what employers can and cannot include in noncompete clauses with severed employees.
State Bar of Wisconsin
State Bar of Wisconsin Blogs Latest from State Bar of Wisconsin In early July, the Wisconsin Supreme Court issued a decision that reversed decades of precedence regarding the ability of a plaintiff to recover attorney’s fees in an open records mandamus action. Friends of Frame Park, U.A. v. City of Waukesha,[1] holds that a plaintiff in an open records lawsuit can only be awarded legal… The National Football League continues to grow in popularity and the economics are staggering.
Reducing Liability: How Employers Can Be On the Hook for Employee-To-Employee or Third-Party Racial Harassment
Although employers may be automatically liable for supervisors or administrative personnel harassing subordinate employees under certain federal laws, they may also be held liable if another employee (even one subordinate to the harassed employee) or a third-party such as a customer or vendor harasses an employee based on their race. What Will Courts Consider When Reviewing Claims?
U.S. Supreme Court Says Airline Supervisor Is Exempt from the Federal Arbitration Act
Voluntary arbitration agreements involving federal law are enforced under the Federal Arbitration Act (FAA). Section 1 of the FAA exempts certain classes of workers, however, from the enforcement of arbitration. The U.S. Supreme Court recently resolved a federal circuit court split over whether employees who load cargo for the transportation of goods are engaged in commerce and exempt from arbitration under Section 1.
It's Party Time! Can Employers Deduct Costs for Internal Networking Events?
In 2020, the employer-employee relationship was forever altered. The COVID-19 outbreak disrupted industries, halted travel, and changed the way employees work. Employers have been forced to adapt to a tight employment market and workers’ needs. Some companies have decided to offer remote work opportunities and flexible schedules. With work from home becoming the norm, employers and employees have noticed a significant lack of the office culture that existed before the pandemic.
Managing Activism in the Workplace
In a politically charged era where activism is considered noble, HR managers are confronting new challenges in the workplace in an attempt to find balance between the expression of disparate views while maintaining a productive and cohesive workplace. Just Another Day at the Office IT specialist Peter is a devout Catholic. His cubicle displays a Papal flag and other religious items. Several pro-life slogans are also posted on its walls.
Temporary Rescission of Job Offer Isn’t Adverse Employment Action, 7th Circuit Rules
Federal law bans employment discrimination against current or prospective employees based on race, age, and other protected classes. Additionally, it prohibits adverse action against employees based on a consumer report unless the findings are provided to the individual. Are the provisions violated when a prospective employee’s job offer is briefly rescinded and then reinstated?
Reliance On Gig Economy Can Create Unintentional Liability
In 2014, approximately 14% to 20% of the U.S. workforce consisted of independent contractors known as “gig workers.” In 2020, the number increased to approximately 35%. Some sources estimate that by 2023, nearly half the workforce will consist of freelance and independent workers. The gig economy is nothing new, but with the new employment environment introduced by COVID-19, an increasing number of companies are looking for ways to fill labor gaps.
Keep Conversation Going With Employees as They Return to In-Person Work
It was only a year ago that work-from-home became the norm in most of our households. Overnight, employers and employees were forced to adjust the way they live and work, while following COVID-19 guidelines. Just when it seemed routines were established, a new school year began. And it left employees with more questions than answers: How long will the uncertainty last? When will I return to work? Will my children return to school? How will I set-up my Zoom call while overseeing my child on Zoom?
NLRB Finds Solicitation of Mail Ballots Can Be Objectionable Conduct
Not that long ago, nearly all National Labor Relations Board (NLRB) representation elections were conducted through a manual ballot process. More recently, particularly with the COVID-19 pandemic, such elections have been conducted by mail ballots. Most parties recognize it’s much more challenging to maintain the integrity and neutrality of the election process during a mail ballot election.
Seventh Circuit Hands Win to Employers in Religious Discrimination Claim
The United States Court of Appeals for the Seventh Circuit recently handed a win to employers in EEOC v. Walmart. It held that Walmart did not violate Title VII of the Civil Rights Act of 1964 (Title VII) when it withdrew an offer of employment from a candidate who, after receiving the offer, advised Walmart that he was unable to work between sundown on Friday and sundown Saturday for religious observation.
Tips for Tackling Income Tax Issues Triggered by Remote Employees
The COVID-19 crisis has brought major changes to the U.S. workforce. Many employers have transitioned their workforces to remote work. Now, employees can work from anywhere with an Internet connection. Many employees have taken advantage of the flexibility by investing in home office spaces, moving to different states, and even traveling the country. What most employees and employers haven’t considered, however, are the unique and complex income tax issues that have arisen with a remote workforce.
Are We Done Zooming Yet?
At this point in the pandemic, most of us have been attending court via videoconferencing for about a year. That practice may not end any time soon. On December 11, 2020, the Director of State Courts, Randy Koschnick, filed Rule Petition 20-09 and supporting memorandum to explore the possibility of continuing Zoom hearings after the pandemic. This change would require statutory and administrative rule changes to allow the continued use of remote hearings.
When You Can’t Trust a Trust
Buying or selling a home is an incredibly exciting process. After all, it is often one of the biggest purchases one will make, and is often the most valuable asset in a person’s net worth. Unfortunately, the process of buying or selling a home does not always go smoothly. A recent decision by the Wisconsin Court of Appeals in Parks v. Wucherer is one of many cases that demonstrate why you should always hire an attorney when buying or selling a home in a trust or estate.
Negotiating a Business Contract? Don’t Ignore Venue Selection Clauses
Businesses don’t typically enter into contracts thinking that one of the parties will breach and the matter will end up in court. As a result, the provision dealing with where the parties must litigate a dispute, known as a forum selection clause, often does not get the attention it deserves. It does not help that the provision is usually buried in boilerplate language near the end of the contract.
DOL Issues Guidance on Tracking, Compensating Telework
The COVID-19 global pandemic has forced some employees to increase their hours spent teleworking and has required other workers to fulfill their job duties from home for the first time in their careers. This “remote workplace” paradigm shift has created new difficulties for employers seeking to comply with the Fair Labor Standards Act (FLSA). What Are Employer’s Obligations?
Was Chicago Janitor Passed Up for Promotion Due to Age? 7th Circuit Weighs In
The U.S. 7th Circuit Court of Appeals—which covers employers in Illinois, Indiana, and Wisconsin—recently heard a claim in which a Chicago janitor says he was passed up for a promotion due to his age. However, the employer says it was because he failed to pass the exams required for the promotion. Does the janitor have a claim? The 7th Circuit weighs in.
Recording Zoom Calls: Know Your Rights & Responsibilities
Due to COVID-19, employers and employees have been using Zoom or similar platforms to conduct meetings and communicate with customers, vendors, and peers. Zoom is everywhere now. So is the potential for someone to record a conversation and unknowingly subject themselves to criminal or civil penalties. Therefore, before hitting the record button, know your responsibilities under Wisconsin law.
Tips for Finding Work/Life Balance as Schooling Resumes
It’s safe to say our nation is in uncharted territory when contemplating how to establish a work/life balance while homeschooling and caring for children, keeping up with the demands of “work from home,” and facing an unknown future. Source: Sharomka / Shutterstock Fortunately, many people have had access to the necessary technology to work from home. Unfortunately, there is no handbook on how to balance employment with childcare and educational needs.
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