Construction, remodeling, and repair work are among the most important trades in our economy. Contractors take plans and specifications and transform them into tangible results through skill and craftsmanship that improve homes, businesses, and communities. In return for that work, contractors are entitled to be paid fairly and on time. Unfortunately, delayed, disputed, or unpaid invoices are an increasingly common reality in the construction industry. For that reason, contractors should understand the legal rights and remedies available to protect…
Continue Reading Construction Liens: the Tool Every Construction Company or Contractor Needs to Have in Their Belt

One of the most common disputes arising from residential real estate transactions is a seller misrepresentation claim. These lawsuits are often based on allegations that the seller failed to disclose a known defect or provided inaccurate information about the property’s condition.
Although the terms are sometimes used interchangeably, a failure-to-disclose claim is generally one type of seller misrepresentation claim. A buyer may allege that a seller failed to disclose a known defect, provided an inaccurate answer on a Real…
Continue Reading Seller Misrepresentation Claims: What Homeowners Need to Know

Employers are regularly part of the collection process when an employee is ordered to pay child support or maintenance. Based on state law, a court order for child support shall constitute an assignment of all income, including commissions, earnings, salaries, wages, pension benefits, and other money due.  Wisconsin employers may receive an Income Withholding for Support notice that directs a specified amount be deducted from an employee’s earnings and sent to the appropriate governmental disbursement unit. Although income withholding…
Continue Reading A Compliance Guide to Child Support Income Withholding

You receive a letter from a recently terminated employee requesting “everything” in their personnel file. Wisconsin law gives current and former employees the right to inspect certain personnel records, but that right is not unlimited. Knowing what to disclose, what to withhold, and how to respond helps employers comply with the law and prepare for what may follow.
Responding to a Records Request
Under Wisconsin law, employers must allow current and former employees to inspect personnel documents used to…
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More than five percent of employed Americans hold more than one job, according to the U.S. Bureau of Labor Statistics. For employers, outside employment may raise concerns related to employee performance, competition, and confidential information. A carefully drafted outside-employment policy can protect legitimate business interests without unnecessarily controlling employees’ conduct during their personal time.
What is Moonlighting?
“Moonlighting” describes an employee who holds a second job, performs freelance work, or operates a business while continuing to work for a…
Continue Reading The Second Job Question: When Should Employers Care?

An employee handbook is one of the most important documents an employer can maintain. It serves as a guide for employees, establishes workplace expectations, and helps ensure consistent application of company policies. A handbook also gives supervisors and managers a common reference point when questions arise regarding discipline, leave, benefits, workplace conduct, remote work, technology use, confidentiality, or other employment-related issues. When handbook provisions are unclear, vague, outdated, or subject to multiple interpretations, misunderstandings and disputes can arise that…
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A non-compete agreement is one of the most significant employment-related documents an employer may ask an employee to sign. It can help protect customer relationships, confidential information, trade secrets, goodwill, and other legitimate business interests when an employee leaves the company. At the same time, a non-compete can restrict an employee’s ability to earn a living. For that reason, Wisconsin courts scrutinize these agreements carefully and will not enforce restrictions that go further than Wisconsin law permits.
Wisconsin is…
Continue Reading Non-Compete Agreements Under Wisconsin Law 101

In Golat v. Skwierawski, a former court reporter for the Wisconsin Circuit Court for Rusk County filed a federal lawsuit alleging, among other claims, that she suffered a hostile work environment based on her sex, in violation of Title VII of the Civil Rights Act of 1964. The United States District Court for the Western District of Wisconsin (“Western District”) granted summary judgment in favor of the Defendants. In affirming, the Seventh Circuit Court of Appeals provided…
Continue Reading Seventh Circuit Opinion in Golat Offers Helpful Primer on Objective Severity Standards for Unlawful Harassment