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Justice Hagedorn opines in a solo concurrence in Wis. Voter Alliance v. Secord that the common-law legal requirements for a writ of mandamus do not affect public records cases.

When seeking a court order for disclosure of a public record, section 19.37(1)(a) of the Wisconsin Statutes directs litigants to “bring an action for mandamus asking the court to order release of the record.” However, in litigation leading up to the Wisconsin Supreme Court’s review of Wisconsin Voter Alliance v.
Continue Reading Justice Hagedorn Opines that There Are No Procedural Bars to Disclosure Under Public Records Laws

Many people have heard of a trust, but don’t fully understand what it is or how it works as an estate planning tool. In its most basic terms, a trust is a legal entity used to hold property or funds for the benefit of one or more people. A trust must name individuals for three different roles:

Grantor/Settlor: The creator of the trust. The Grantor generally has property of some sort (e.g., a home, bank account, business interests) he…
Continue Reading Trust in the Trust: Revocable Trusts as a Tool for Estate Planning

A tricolor mixed breed dog listening intently with a foggy background
A tricolor mixed breed dog looking at the camera and listening intently with a foggy background

In Wisconsin, pets are classified as personal property. Courts approach disputes over pets by analyzing them as they would any other piece of property, such as a refrigerator or stove. If you and your spouse cannot agree on who will keep the pet, the court is obligated to divide assets and debts equitably. This process involves assigning a monetary value to the pet and awarding ownership (along with the associated value) to one spouse. Unlike minor children, courts are…
Continue Reading Property Division: Which Spouse Gets the Pet in a Divorce?

Wisconsin state labor laws regarding the payment of overtime are largely consistent with the federal overtime laws. Like the Federal Fair Labor Standards Act, Wisconsin overtime laws apply to most Wisconsin employers. Having a basic grasp of these laws can help keep you and your business in compliance. Unless an exception applies, overtime wages equaling time and one-half of the employee’s regular rate of pay should be paid for all hours worked in excess of 40 in the workweek.
The…
Continue Reading Understanding Wisconsin Overtime Laws: A Practical Guide for Employers

A process server or sheriff knocks on your door, or shows up at work, and serves you with a subpoena. It’s not something that happens often, so how do you respond?

The easiest and most efficient way to respond to service of a subpoena is to call a lawyer. They can advise you on the legality of the subpoena and advise if there are any options for responding. Some of the things the attorney can advise on are: Was…
Continue Reading ‘You’ve Been Served’ – Responding after Service of a Subpoena

Earlier this summer, Axley Attorneys published an update on a notable case in Wisconsin concerning a legal challenge to Act 10 pending in Dane County Circuit Court[1].  In that update, we reported on Judge Jacob Frost’s decision in Abbotsford Education Association v. Wis. Employment Relations Commission (WERC)[2], denying a motion for a preliminary injunction and finding that parts of Wisconsin’s Act 10 violate the equal protection guarantees of the state Constitution.  Although the July 3,…
Continue Reading One Step Closer: An Update on the Constitutional Challenge to Wisconsin Act 10

We have an employee who recently passed away. He wasn’t married, didn’t have a will, and didn’t have company life insurance or death benefits. How do we handle his final paycheck? Do we continue with our regular payroll procedures, should we wait for the beneficiary for his estate to be identified, or something else?
When considering what to do with a deceased employee’s last paycheck, you must consider the laws of your state. In some states, the final wages…
Continue Reading Handling a Deceased Employee’s Final Paycheck: Best Practices and Legal Considerations

In a recent decision, the United States Supreme Court answered an age-old question regarding the evidentiary standard required for an employer to carry its burden of proof in demonstrating that an employee meets an exemption to the Fair Labor Standards Act’s (“FLSA”) overtime requirements. It is well-settled that an employer claiming that a worker is exempt from the FLSA’s overtime requirement has the burden of proving that the employee meets an FLSA exemption. However, despite the FLSA’s nearly ninety-year…
Continue Reading Supreme Court Sets the Record Straight on Evidentiary Standard for Demonstrating an Exemption Under the Fair Labor Standards Act

Probate is the legal process through which a deceased person’s assets that are not otherwise distributed by operation of law are distributed and their debts are settled. In Wisconsin, like in other states, the probate process ensures that the wishes of the deceased are respected, while also providing a legal mechanism for creditors to claim what they are owed. It involves a Court-supervised procedure that can vary in complexity based on the size and nature of the deceased person’s…
Continue Reading Wisconsin Probate Basics

We are living longer, and as a result, working longer. Along with this comes the greater likelihood that cognitive decline will show up in the workplace. Despite this, many employers are not ready to address cognitive impairment and dementia.
America’s Aging Workforce
America’s workforce is aging; greater numbers of employees are working longer and delaying retirement. While older workers bring valuable knowledge and experience, they are also at higher risk for experiencing cognitive decline, including dementia. Many employers are…
Continue Reading Dementia in the Workplace: Advice for Employers

Can employees collect workers’ compensation at the same time as unemployment or state disability insurance payments?
The short answer is no.
In Wisconsin, workers’ compensation, unemployment benefits, and disability insurance are distinct forms of support, each designed to address specific situations. Workers’ compensation provides financial and medical benefits to employees who suffer work-related injuries or illnesses. These benefits may include coverage for medical expenses, wage loss, and rehabilitation services. Workers’ compensation is typically designed to replace a portion of…
Continue Reading Workers’ Compensation, Unemployment, & State Disability Insurance Payments

How can we discipline a new employee who takes unplanned, unexcused days off for sickness, family emergencies, etc.? We don’t currently have a policy on how many unexcused days off are allowed.
Wisconsin employers have an interest in ensuring that their employees do not engage in misconduct, including unplanned, unexcused time off from work. Accordingly, the Wisconsin Statues for unemployment compensation include provisions that permit discharging an employee for engaging in misconduct. “Misconduct” is one or more actions or…
Continue Reading Disciplining a New Employee Who Takes Unplanned, Unexcused Days Off

In today’s increasingly competitive job market, employers are continuously seeking ways to enhance employee benefits and attract top talent. While health insurance, retirement plans, and paid time off are essential components of any benefits package, some companies are now offering a less conventional yet highly valuable perk: estate planning services. This benefit not only promotes employees’ financial well-being but also ensures peace of mind for both employees and their families. By providing access to estate planning services, employers help…
Continue Reading Where There’s a Will, There’s a Way to Offer Additional Employee Perks

We have an employee who took four days off to tend to his daughter in the hospital after she received a C-section and another who wants to take three weeks off to assist her sibling going through chemotherapy. Would the absences in both scenarios fall under the Family and Medical Leave Act (FMLA)?
As an employer, it is essential to understand the Family and Medical Leave Act (FMLA) to ensure compliance with both state and federal regulations. FMLA allows…
Continue Reading Absences Under the Family and Medical Leave Act (FMLA)

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The U.S. Court of Appeals for the Seventh Circuit recently reversed a decision from the District Court for the Eastern District of Wisconsin, which had dismissed a Title VII employment discrimination complaint for failure to state a claim. The law underpinning the District Court’s decision had been overruled by the Supreme Court of the United States, resulting in the Seventh Circuit reversing the District Court. In its April 17, 2024, decision in Muldrow v. City of St. Louis, the…
Continue Reading Seventh Circuit Enforces Supreme Court’s Landmark Overhaul of Standards for Title VII Employment Discrimination Claims

On May 2023, the National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo outlining her position that non-compete agreements in employment contracts could violate worker’s rights under the National Labor Relations Act (NLRA). GC Abruzzo was critical of non-compete agreements as they restrict employee’s mobility, potentially deter union organizing, and suppress wages. On October 7, 2024, GC Abruzzo released GC Memo 25-01 (the 2024 Memo), which outlined two new concepts relative to how the NLRB would…
Continue Reading NLRB Continues Scrutiny of “Stay-or-Pay” Provisions and Clarifies Heightened Remedies for Unlawful Non-Compete Agreements