Axley Publications

Articles, legal alerts, and videos, highlighting a range of timely legal news and industry hot issues.

Blog Authors

Latest from Axley Publications

In Hartland Sportsmen’s Club, Inc. v. City of Delafield, the Wisconsin Court of Appeals affirmed the Waukesha County Circuit Court’s earlier order requiring the City to grant Hartland Sportsmen’s Club’s conditional use permit application to operate a sport shooting range. In 2013, the Hartland Sportsmen’s Club sued the City for continually denying the Club’s permit application to operate a shooting range.  The City set numerous safety requirements for the Club before it would approve the permit.  However, each time the Club complied with the City’s requirements, the City created new standards and requirements, making it practically impossible for the Club…
On June 25, 2020, the Wisconsin Court of Appeals decided State v. Prado, which significantly changed Wisconsin’s implied consent law.  For decades, it has been the law in Wisconsin that when an unconscious driver is arrested for drunk driving, law enforcement officers could take a blood sample from the driver without a warrant.  Under Prado, if a law enforcement officer obtains a blood draw from an unconscious driver without a warrant, unless an exception to the warrant requirement is present, it will be an infringement of the driver’s rights under the Fourth Amendment to the United States Constitution to be free…
On Thursday, July 30, Governor Evers issued Executive Order #82 declaring a public health emergency, and Emergency Order #1 requiring all people in Wisconsin over the age of 5 to wear face coverings while inside any enclosed space other than their own private residence. The Office of the Governor also issued a press release and included some FAQs about the new state-wide requirement. The Order goes into effect on August 1, 2020, at 12:01 am, and will remain in effect until September 28, 2020. What qualifies as a face covering? The order defines “face covering” as a piece of cloth…
What Happened? Governor Evers issued Executive Order #82 declaring a new public health emergency to address the high virus activity levels.  Pursuant to this new public health emergency order, the Governor issued “Emergency Order #1” requiring face coverings in certain situations. The order goes into effect at 12:01 am on Saturday, August 1, 2020, and expires on September 28, 2020. Is it Legal? Maybe. There will likely be a court challenge as to whether the Governor’s Executive Order declaring a new public health emergency is valid. A Governor may issue a public health emergency for sixty days. After sixty days…
The coronavirus pandemic is damaging businesses throughout Wisconsin, forcing many into insolvency and collapse. Navigating the pending or actual insolvency of a business is one of the most complex and demanding challenges for business owners and creditors. Bankruptcy is one answer, but it is often time-consuming and expensive. Chapter 128, Wisconsin’s bankruptcy alternative, is a valuable tool for both creditors and debtors in difficult times that is often overlooked. Chapter 128 of the Wisconsin statutes contains three different options for individuals and businesses. First, a person, meaning an individual or business, may assign his or her assets to an assignee,…
In late March, the federal government enacted the CARES Act (“Coronavirus Aid, Relief, and Economic Security Act”), which imposed a temporary moratorium on evictions for non-payment of rent for certain types of properties. The properties affected are those that participate in a covered housing program (as defined by section 41411(a) of the Violence Against Women Act of 1994 or the rural housing voucher program under section 542 of the Housing Act of 1949) or have a federally backed mortgage loan or a federally backed multifamily mortgage loan.  This moratorium expires on July 25, 2020.  Please note, however, the end of…
The Ordinance: On July 14, 2020, the City of Milwaukee passed an ordinance requiring the wearing of masks in the City of Milwaukee.  The ordinance went into effect on Thursday, July 16 and has two main requirements: Masks must be worn in all buildings open to the public. Masks must be worn outside in a public place when within 6 feet of another person. A mask is defined as, “a protective mask covering the nose and mouth, including cloth face coverings or surgical masks as described by the centers for disease control and prevention.”  The ordinance makes exceptions for people…
Relocation is a common issue when dealing with divorce and paternity cases – especially with the ongoing COVID-19 pandemic. In the past few months, unemployment has increased and the need for continued support has not changed. A parent may need to relocate for a new job or to move in with other family members. There are many factors in relocation that could impact child placement. Who? (Considering a Relocation) When considering a relocation, it is important to focus on who is moving. If placement will substantially change, it is important to determine whether the moving party is seeking primary placement…
If an employee on Family and Medical Leave Act (FMLA) leave submits a letter signaling his intent to resign at the end of his leave, do you have to wait until the leave is over, or can you terminate the employee now? Generally, you may terminate an employee at the time he tenders his un-qualified intent to resign. The FMLA entitles eligible employees of covered employers to take unpaid leave for certain family and medical reasons. Employers are also required to maintain group health insurance coverage for employees on federal FMLA leave under the same terms and conditions as if…
We have collectively gone through what we hope to be a once-in-a-lifetime experience in which many of us have been working remotely, keeping our children from permanently injuring themselves, and preparing for a trip to Trader Joe’s as if we were part of a Navy SEAL team. COVID-19 has affected us in different ways, especially if we’ve lost a close relative or friend or contracted a severe case of the virus ourselves. The Midwest is seeing some improvement in terms of a lower daily number of new cases and deaths, but certain pockets continue to spike, and the crisis is…
On June 25, 2020, the Wisconsin Court of Appeals, decided State v. Prado, which significantly changed Wisconsin’s implied consent law.  For decades, Wisconsin courts have held that when an unconscious driver is arrested for drunk driving, law enforcement officers could take a blood sample from the driver without a warrant.  Under Prado, if a law enforcement officer obtains a blood draw from an unconscious driver without a warrant, it may be an infringement of the driver’s rights under the Fourth Amendment to the United States Constitution to be free from unreasonable searches and seizures, and the test results may be…
In a recent ruling, the 7th Circuit (whose rulings apply to all Illinois, Indiana, and Wisconsin employers) emphasized that a dis-ability neither allows poor performance nor entitles an employee to erratic, unexcused absences. Recognizing regular attendance as a basic requirement of most jobs, the 7th Circuit upheld summary judgment (dismissal without a trial) in favor of the employer when the employee failed to show she was qualified to perform her essential job functions, due in part to unexcused absences. Facts Wisconsin Physicians Service Insurance Corporation (WPS) employed Mary Lou Stelter in a sales support role beginning in 2002. In 2010…
With schools closed for the COVID-19 pandemic, both parents in two-parent households may want to stay home while shelter-in-place orders are in effect. Will they be eligible for monetary relief and protection under new sweeping federal legislation? The answer is especially critical if both work for the same employer. What the FFCRA Covers The Families First Coronavirus Response Act (FFCRA) is a federal law that went into effect April 1, 2020. It provides monetary relief and protection to American workers through the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). Among many…
Wisconsin voters support the sale of cannabis for medicinal and recreational use, as demonstrated by the wide margins in referendums across the state in the November 2018 elections. Two years later, however, and little progress has been made. In contrast, Illinois and Michigan have both legalized cannabis for recreational use. Wisconsin residents have flocked to these states to take advantage of legalization even though cannabis bought in Illinois or Michigan is illegal once it crosses the border. Wisconsin residents were among the first customers at Illinois dispensaries on the opening day of legalization. Entrepreneurs in Illinois and Michigan have opened…
“Do I have to pay workers’ compensation benefits to an employee who trips on her dog and injures her knee while working from home?” This may not be the first question on employers’ minds as they adjust to the new norm of working from home. It’s something you should start thinking about, however, as the new work-from-home operations get up and running during the COVID-19 outbreak. The answer, though—as is the case with many legal questions—is, it depends. The situation is highly fact-intensive, and the law doesn’t yet provide any clear guidance. But there are steps you can take to…
As businesses re-open, some of the questions employers have involve what type of screening they may or should conduct for employees returning to work.  In separate guidance documents, the Equal Employment Opportunity Commission (EEOC) and the Occupational Safety and Health Administration (OSHA) have addressed questions regarding temperature screening, COVID-19 testing, and related issues concerning confidentiality and recordkeeping.  The guidance documents can be found here: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws and OSHA Guidance on Returning to Work. Here is what employers should know when considering whether, and how, to…