The Wisconsin Court of Appeals recently addressed a question of first impression concerning the scope of a circuit court’s authority when a dispute is subject to mandatory arbitration. In Herbal Aspect LLC v. Gish, the court held that a circuit court retains authority to consider and grant a temporary injunction to preserve the status quo, even after determining that the merits of the dispute must be resolved through arbitration.
The underlying dispute arose out of competing claims over ownership
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Artificial Intelligence in Hiring: Innovation Meets Legal Risk
The use of artificial intelligence in the hiring process promises a level of efficiency that would have been impossible just a few years ago. Employers can now deploy artificial intelligence tools that parse through applications almost instantly, score candidates on a 1–5 scale with accompanying reasoning, automatically sort applicants into pools, and even scan LinkedIn and other social media profiles to supplement evaluations. Some software claims to reduce screening time by as much as 75%. Yet this technological leap
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Will the New NLRB Sever from Severance Agreement Precedents on Gag Clauses?
On December 28, 2025, the U.S. Senate confirmed President Donald Trump’s two nominees to the National Labor Relations Board (NLRB), as well as his NLRB general counsel pick, restoring a quorum with a 2-to-1 Republican-to-Democrat balance on the 5-member NLRB, with the remaining 2 board spots vacant. Now that the NLRB can get to work for the first time since January 2025, and with a Republican majority for the first time since 2021, is it just a matter of
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Fairness is Personal: Estate Planning Lessons for Families with Unequal Assets
One of the most common issues that arises in estate and succession planning has little to do with taxes, documents, or legal mechanics. It’s family dynamics.
Parents often come into the process with the goal of being fair. But fairness is rarely as simple as dividing everything equally. When clients ask whether I think their plan is fair, I’m candid: my personal view doesn’t matter. What I can offer is perspective into how other families in similar situations typically
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Employer Options When FMLA Documentation Is Missing
If an employee takes sick leave but hasn’t completed and returned an FMLA form, can the employer lawfully terminate employment?
The Family Medical Leave Act (FMLA) applies to all local, state, federal, and private sector employers who employ 50 or more employees for at least 20 workweeks in the current or proceeding calendar year. An employee is eligible for FMLA leave if they are employed by a covered employer, have completed at least 1,250 hours of work in the
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Wisconsin’s 120-Hour Rule, Survivorship Marital Property, and Blended Families
When families blend through second marriages, later-in-life relationships, or remarriage after divorce, estate planning becomes more complex, and more important. This is especially true when one or both spouses have children from prior relationships.
A recent Wisconsin Court of Appeals decision, Sterling L. North v. Estate of William James North II, 2024AP1908 (Wis. Ct. App. Dec. 30, 2025) shows how a lack of planning can result in an unintended division of property between the spouses’ children, particularly when
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Workers’ Comp Pay for Follow-Up Appointments: Employer Guide
Aside from initial treatment, does workers’ compensation cover nonexempt employees’ time off to attend follow-up appointments related to their injury?
Short answer: Missed work time may qualify for temporary disability or partial wage‑replacement benefits when the appointment is injury‑related and cannot reasonably be scheduled outside working hours.
By way of brief background, workers’ compensation is a no-fault insurance benefit that provides two core benefits for employees injured on the job: (1) medical care reasonably necessary to treat the injury;
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WARN Act Notice Requirements for Seasonal Employers
When an employer transitions to a seasonal operation, questions often arise regarding the applicability of the Worker Adjustment and Retraining Notification Act (WARN Act) and whether such a change triggers the Act’s notice requirements. Understanding the WARN Act, including how it applies specifically to seasonal employment, is essential for employers to ensure compliance and safeguard employees’ rights.
What is the WARN Act?
The WARN Act requires certain employers to provide at least 60 calendar days’ advance written notice of
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Social Media and its Influence on Divorce Proceedings
Social media can directly impact the outcome of your divorce. What you share online — posts, photos, comments, or even what others tag you in — may be used as evidence in court. Understanding how your digital footprint affects legal decisions can help you protect yourself, your assets, and your family.
How may Courts use Social Media Posts?
Courts and attorneys regularly review social media to assess honesty, financial habits, and parenting skills. A single post can support or
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Court Orders and Employers: Legal Obligations and Risk Considerations
Court orders can have direct and enforceable consequences within the workplace. While these matters arise from an employee’s personal life, employers are often legally obligated to comply with these orders and must do so without engaging in or exacerbating the underlying dispute. Failure to understand these obligations can result in statutory penalties, civil liability, or claims of unlawful employment practices.
Income Withholding and Wage Garnishments
Child support and spousal support orders are typically enforced via income withholding. Upon receiving
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Should I Offer Ownership to My Key Employees?
One of the most difficult parts of owning a business is finding great employees. Successful business owners know they cannot be everywhere at once and therefore must rely on their key employees. Sometimes retaining these key employees becomes vital not only for day-to-day operations, but the future success of the business.
This drives many Wisconsin business owners to ask: Should I let my key employees buy into my business? This is a loaded question. Not only do business owners
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Nondisclosure Agreements (NDAs): A Practical Guide on How and When NDAs Should be Utilized
As businesses grow, owners may increasingly rely on key employees and Human Resources (HR) professionals to manage functions the owner does not directly oversee. Key employees and HR professionals are typically those employees who have access to important confidential business information. These individuals often gain access to confidential operational details, employee information, and other sensitive data. A common question that arises: When should employers use non-disclosure agreements (NDAs)?
While NDAs are not required in every situation, they are one
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A New Framework in Wisconsin for Analyzing an Employer’s Unreasonable Refusal to Rehire an Injured Worker
Under the Wisconsin Worker’s Compensation Act, employees can file unreasonable refusal to rehire claims against employers when the employer, without reasonable cause, refuses to rehire an employee who is injured in the course of employment when suitable employment is available within the employee’s physical and mental limitations. In its recent opinion in Bruce Belland Trucking, Inc., v. LIRC, the Wisconsin Court of Appeals discussed the ongoing nature of an employer’s obligation to rehire an injured worker and provided instruction
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Age Discrimination Claims in the Workplace: Key Considerations for Employers
A significant element in proving an age discrimination claim in Wisconsin is that the claimant is 40 years old or older. With Wisconsin’s median age hovering right above 40, employers should be mindful of the rights of workers aged 40 and older to avoid exposing themselves to potential litigation.
Establishing an Age Discrimination Claim
The Wisconsin Fair Employment Act (WFEA) enumerates a wide variety of protected classes, one being a safeguard from age discrimination. The federal Age Discrimination in
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Navigating the USPTO Trademark Application Process: Is It Worth the Risk?
Securing a federal trademark with the United States Patent and Trademark Office (USPTO) is one of the most exciting and valuable steps a new business can take to protect its brand identity. The USPTO trademark application process is not always intuitive, especially when it comes to evaluating whether another business is already using a similar mark in commerce. It is important for prospective applicants to understand how the trademark application process works in order to prevent costly surprises down
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Protected Concerted Activity: Navigating the Rise of Employee Activism
From pay transparency to remote work, employees are increasingly vocal about working conditions, both in the office and online. The National Labor Relations Act (NLRA) protects employees, union and non-union alike, when they engage in concerted activity to address terms and conditions of employment. Employers cannot discharge, discipline, or threaten employees for engaging in protected concerted activity. Given the rise of employee activism in the workplace, it is imperative for you to understand when you can and cannot lawfully
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