Kramer, Elkins & Watt LLC

We provide legal representation to businesses and individuals in business law, employment law, civil litigation, landlord representation and family law.
Website: https://kewlaw.com/
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Latest from Kramer, Elkins & Watt LLC

What happened?

On December 3, 2024, a federal district court in Texas found the Corporate Transparency Act (the “CTA”) to be unconstitutional and issued a nation-wide order to ban it. The case before the court was Texas Top Cop Shop, Inc., et al. v. Garland, et. al, Case No. 4:24-cv-478 (E.D. Tex.). This means that companies do not need to comply with the CTA’s reporting deadlines.

What is the Corporate Transparency Act?

The CTA would have required the vast…
Continue Reading No Need to Report – CTA Blocked

The Federal Trade Commission (“FTC”) has filed an appeal of the Texas ruling that halted enforcement of the proposed rule banning noncompete agreements (the “Rule”). The Rule, which was set to go into effect last month, has been halted nationwide since August 20, 2024. For more information on the Rule and its effects, see our previous KEW Tip, Last Minute Ruling Saves Noncompetes.

In August, a Texas federal court decided a challenge to the proposed Rule in Ryan LLC,…
Continue Reading FTC Files Appeal to Save Noncompete Ban

Confused about what is going on in the land of non-competes? You’re not alone.

In short:

  • April 23, 2024: the Federal Trade Commission (FTC) adopts a rule banning non-compete clauses (the “FTC Rule”), originally set to go into effect September 4, 2024.
  • Also on April 23, 2024: Ryan, LLC, a tax firm in Texas, filed a lawsuit in federal court in the Northern District of Texas, challenging the FTC Rule.
  • April 25, 2024: ATS Tree Services, LLC filed a

…
Continue Reading Last-Minute Ruling Saves Non-Competes

Own a Business?

Read this: The U.S. Government may be entitled to some of your personal information, thanks to The Corporate Transparency Act

What is it?

Passed on January 1, 2021, the Corporate Transparency Act (CTA) requires most private  businesses operating in the United States to identify and report to the federal government certain details regarding individuals with ownership or control of the business. Reporting obligations begin January 1, 2024.

The CTA was created in response to concerns over…
Continue Reading The Corporate Transparency Act

How to make a proper record in the trial court, whether during a motion hearing or in a trial, is not something that is taught in law school. Yet, meticulous preparation in making a strong record is one of the most effective tools for successful litigators. When attempting to make the best record you can […]
The post Making a Record for Success in Litigation appeared first on Kramer, Elkins & Watt, LLC.
Continue Reading Making a Record for Success in Litigation

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If I terminate an employee after a 90 day probationary period, do I still have to pay Unemployment Insurance?
Most likely, yes. But, not immediately. And, possibly not ever.
Contrary to popular belief, a probationary status has no bearing on whether an employer has to pay unemployment insurance. Whether an employer plans on having its employee work for a week, a month or long-term, the employer is required to pay unemployment insurance on that employee. The employer may be…
Continue Reading How do probationary periods affect Unemployment Insurance?

A common call into our office is one from a residential landlord wondering what to do in the following scenario: a tenant moved out at the end of their lease, but they left a lot of property behind, and the landlord is wondering what their options are.

Security Deposit

The magic number to remember for security deposits is 21. A landlord must return any amount of the security deposit not withheld, plus an accounting for any withholdings from the…
Continue Reading Security Deposits and Abandoned Property: Post-Tenancy Considerations

In April 2022, Governor Evers Signed Wisconsin Act 258. This Act makes significant changes to the statutes for all forms of business entities – corporations, non-stock corporations, partnerships, limited partnerships and limited liability companies. This article will focus specifically on the changes to the limited liability company statutes; but it would be wise for all business entities to review their practices with an attorney to see how these changes affect their business.

The changes were made to bring Wisconsin…
Continue Reading Unlearn What You Have Learned: Wisconsin’s New LLC Law

Almost every employer has faced the following situation: an employee quits without notice, and still possesses property (uniforms, equipment, keys) that belong to the company.  Or worse, the employee is disgruntled and damages property of the company on her way out.  It’s alright, I’ll just hold her last paycheck hostage until she returns the property or pays me for the damage.  Right?  Wrong.  Well, in most cases, wrong.  There seems to be a common misconception that withholding a paycheck…
Continue Reading Can I Hold an Employee’s Paycheck?

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In this video, Attorney Jessica M. Kramer discusses how to terminate a residential tenancy, what type of notice to use, and provides answers to some commonly asked questions.

For more information about legal issues pertaining to landlords, or ways in which KEW can assist you with landlord related inquiries, contact KEW at info@kewlaw.com.

The post Evicted: notices needed to terminate a residential tenancy in Wisconsin appeared first on Kramer, Elkins & Watt, LLC.
Continue Reading Evicted: Notices Needed to Terminate a Residential Tenancy in Wisconsin

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First of all, when we say “leave” we are referring to leave as a general term of not being required to be at work. So, leave is an umbrella term that refers to vacation time, sick time, personal time,  PTO and whatever other creative term may be used to refer to time away from work.

A common misconception is that all employers are required to provide leave to their employees. However, whether or not an employer is required to…
Continue Reading Do I need to provide leave to my employees?