Posted on May 06, 2024 in Divorce
Getting a divorce is likely to be a challenging process, and as you prepare for the end of your marriage, you may face both emotional and financial uncertainties. One concern you may have is whether you will be required to pay alimony, which is also known as spousal support, spousal maintenance, or simply as “maintenance.” Understanding the factors that influence maintenance decisions in Wisconsin can help you prepare for what lies
Continue Reading Will I Be Required to Pay Alimony After My Divorce in Wisconsin?

Overtime pay rules have gotten some updates. If you’re a salaried worker in the United States, there’s some important news you should know about the changes to overtime pay rules and eligibility. The US Department of Labor recently announced a final rule that will make millions more workers eligible for overtime pay. Here’s what you need to understand about these changes.
What’s Changing?
Under the new rule, the salary threshold for overtime eligibility is increasing. Currently set at $35,568
Continue Reading New Overtime Pay Rules: What It Means for Salaried Workers

May 3, 2024 – The Wisconsin Supreme Court has unanimously turned down a challenge to the state adoption law filed by a man who argued that the law’s requirement that an adoptive parent be married to the child’s parent violates the state and federal constitutions.Justice Rebecca Bradley wrote the opinion for the unanimous court in A.M.B. v. Circuit Court for Ashland County, 2024 WI 18 (April 30, 2024).Justice R. Bradley also wrote a concurrence, which Chief Justice Annette
Continue Reading Wisconsin Supreme Court Turns Down Constitutional Challenge to State Adoption Law

Wis. Stat. section 102.35(3) provides a penalty of up to one year’s wages for employers who fail to rehire injured workers where suitable work is available within their restrictions. In addition to standard claims for permanent damage to the body and compensation for time off work while healing, Wisconsin workers’ compensation law allows for several additional, less common claims, depending on the employee’s situation. One of those claims is the unreasonable refusal to rehire (URR). To establish liability for
Continue Reading Unreasonable Refusal to Rehire: When Must Employers Rehire Injured Employees?

For the first time in U.S. history,
overdose deaths have exceeded 100,000 per year and one person dies by
suicide every 11 minutes. The U.S. continues to experience a mental health (MH) and substance use disorder (SUD) (behavioral health) crisis of unprecedented proportions. In a powerful move, government agencies reunited to collectively address the long-standing challenges to balancing patient behavioral health treatment needs with health plan and insurer fiduciary financial responsibilities to its insured population by proposing a
Continue Reading The Mental Health Parity and Addiction Equity Act and the Future of Behavioral Health Care

In a 5-2 decision, the Wisconsin Supreme Court rejected the due process claims of a Milwaukee police officer who was terminated after posting offensive Facebook posts about then-Milwaukee Bucks basketball player Sterling Brown.May 2, 2024 – The Wisconsin Supreme Court has rejected the due process claims of a Milwaukee police officer whose employment was terminated after he posted offensive Facebook posts about then-Milwaukee Bucks basketball player Sterling Brown.In Andrade v. City of Milwaukee Board of Fire and Police
Continue Reading Wisconsin Supreme Court Upholds Firing of Police Officer After Facebook Posts about Bucks Player

Wind is a powerful force of nature. In fact, it can have a significant impact on driving conditions and the likelihood of traffic accidents.

It is very important for motorists to understand the various ways in which wind can affect driving.
Vehicle stability and visibility
Strong winds can create hazardous conditions for drivers by affecting the handling and stability of vehicles. High winds can cause vehicles to sway, drift, or even lose control, especially for larger vehicles like trucks,
Continue Reading Understanding the link between wind and traffic collisions

Posted on May 01, 2024 in Drug Crimes
In many cases, people who are charged with drug crimes struggle with addiction, and they could benefit from treatment rather than penalties such as incarceration. The state of Wisconsin has recognized the impact of substance abuse on people and communities, and in some cases, it provides alternative sentencing options that will allow alleged offenders to receive treatment for drug addiction while avoiding criminal convictions.

Wisconsin has implemented Treatment Alternatives and Diversion
Continue Reading When Are Drug Treatment Alternatives and Diversion Programs Available for Wisconsin Drug Crimes?

On April 23, 2024, the Department of Labor (DOL) issued its final overtime rule, which raised the annual salary required for certain employees to be exempt from overtime under the Fair Labor Standards Act (FLSA).  While this rule will likely face legal challenges, it is scheduled to go into effect on July 1, 2024.

As a general rule, unless certain exemptions apply, employees who work more than forty (40) hours in a workweek must be paid overtime.  This new
Continue Reading Department of Labor (DOL) Issues its Final Overtime Rule

This post is the second part in a multi-part series on Minnesota’s Adult Use Cannabis Law. Feel free to check out Part 1. The last post provided an overview of Minnesota law related to possession, use, self-growing, and gifting, which is the extent of adult-use cannabis Minnesota law allows for pre-2025. This blog post discusses what is supposed be ahead for cannabis businesses in Minnesota (starting in 2025). I will add the quick disclaimer that much of
Continue Reading Minnesota Adult-Use Cannabis Law: What about Businesses?

McLaughlin v. Gaslight Pointe Condominium Association, LTD
No. 2023AP1011 (Wis. Ct. App. Apr. 17, 2024)

In McLaughlin v. Gaslight Pointe Condominium Association, LTD, the Wisconsin Court of Appeals contributed to Wisconsin’s ever-growing body of caselaw examining when an insured’s intentional conduct may constitute an “occurrence” within the meaning of a CGL policy. No. 2023AP1011 (Wis. Ct. App. Apr. 17, 2024) (recommended for publication). The court also examined several exclusions commonly found in CGL policies. In brief, the facts
Continue Reading The Wisconsin Court of Appeals’ Provides Further Guidance on the Intersection Between Volitional Acts and Occurrences

In rural Wisconsin, attorneys face distinctive obstacles including inadequate access to resources and overburdened calendars (often due to travel).

For attorneys with offices in secluded or rural locations, covering extensive territories to serve their clients and managing multiple duties is essential to maintain their legal practice. Skillfully managing business costs is crucial. Client appointments and court dates necessitate appearances. Leveraging the skills of competent legal assistants can significantly mitigate these hurdles.

Paralegals as trained professionals can perform tasks that
Continue Reading Rural Lawyers: Reap the Benefits of Teaming Up with Paralegals Remotely

Attorney Tom Watson, the featured guest in the latest episode of the Bottom Up Podcast produced by the State Bar of Wisconsin, knows what it means to reinvent yourself.

Tom started his career in broadcast radio. He interviewed big names like Bill Clinton, Jesse Jackson, entertainer Red Skelton, and others. At age 37, Tom enrolled in law school. He’s now the CEO and president of Wisconsin Lawyers Mutual Insurance Company (WILMIC).

From radio to public relations, from family law
Continue Reading Episode 18: The Parade of Horribles in Legal Malpractice Claims with WILMIC CEO Tom Watson

Non-compete and non-solicitation agreements are relatively commonplace in the employment context. However, these agreements have been under increasing attack by state legislatures across the country. Shortly after President Biden took office, he issued an Executive Order on Promoting Competition in the American Economy and encouraged the Federal Trade Commission (FTC) to ban or limit non-compete agreements.

The FTC stated in a virtual workshop on competition later that year that it believed non-competes constitute an unfair method of competition. Last
Continue Reading FTC Issues Final Rule Banning Employment-Related Non-Compete Agreements. What’s Next?

April 24, 2024

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023. The regulation will go into effect on June 18, 2024.

By way of background, the PWFA requires covered employers to provide a “reasonable accommodation” to a qualified employees’ or applicants’ known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical
Continue Reading EEOC Guidance on How to Navigate the Pregnant Workers Fairness Act

In the business world, there is always the risk of litigation–even for small businesses. Unfortunately, as a business continues its operations, the possibility of litigation turns from an “if” to a “when.” Litigation can be expensive, time-consuming, and stressful. Here are some basic considerations that can help mitigate the risk of litigation for a small business.

1. Put it in writing in definite terms.

As stated in Field of Dreams, “If you build it, they will come. . .”
Continue Reading Mitigating Litigation Risk for Small Businesses