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As a business owner, it’s essential to protect your business from liability. Whether you own a gym, resort, recreational facility, daycare, dance studio, rent boats, kayaks, bikes, other outdoor activity equipment, or offer event space for weddings and other parties, there are many circumstances when you may want to use a liability waiver. Many insurance carriers require customer experience type businesses to utilize waivers. Some public libraries even require them for their Makerspace activities.

But liability waivers present a…
Continue Reading Does My Wisconsin Business Need a Liability Waiver?

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Weight is not a protected characteristic in most civil rights laws, meaning that discrimination in the workplace based on weight is largely permitted. However, there is some momentum to include weight as a protected category in civil rights laws, given the growing body of research on the impact of weight bias. Employees who have high body weight may experience the workplace very differently than their thinner counterparts. As employers, it is important to understand weight bias and your responsibilities…
Continue Reading An Area to Watch: Legislation Regarding Weight Discrimination in the Workplace

For individuals who are unmarried or contemplating a second or third marriage, understanding how a prenuptial agreement can protect assets brought into the relationship is essential. Wisconsin is a marital property state. In Wisconsin, all assets (real estate, bank accounts, income, etc.) acquired by either spouse during the marriage carry with them a presumption that they are marital property. Consequently, these assets are considered equally owned by both spouses. Marital property or marital assets are owned equally by the…
Continue Reading Understanding the Impact of Long-Term Marriage on Prenuptial Agreements: Key Considerations for Asset Division

As the social stigma associated with mental health lessens each year, the rates of formal mental health diagnoses continue to rise. With a formal diagnosis, it becomes easier for a person to navigate a treatment plan and determine appropriate mental health services. The current cultural landscape shows that public awareness and advocacy for mental health will only continue to grow. Employers should consider taking a proactive approach to update their policies, practices, and accommodations to support employees’ mental health …
Continue Reading Reasonable Accommodation for Workers with Mental Health-Related Disabilities

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Limited liability companies, or LLCs, are comprised of owners identified as “Members” under the LLC’s organizational document, which in Wisconsin is called an Operating Agreement.  A Member’s ownership interest is typically denominated in units and expressed as a percentage of overall units called “Membership Interests.”  The number of units issued is typically tied to the Member’s capital contributions to the LLC.  When a Member is considering a sale or transfer of the Member’s Membership Interests in the LLC, proper…
Continue Reading Five Considerations When Selling Your Limited Liability Company Membership Interests  

Employers who offer employee benefits in the form of qualified retirement plans should anticipate receiving a domestic relations order at some point. Upon receipt of a domestic relations order, whether in draft form or signed and certified by a court, there are certain regulatory requirements that a plan’s fiduciaries must follow. These requirements are imposed to ensure that:

  • The plan remains compliant with and protected under all relevant regulations;
  • Appropriate parties in the matter are afforded the property and

    • …
    Continue Reading Employer Considerations for Domestic Relations Orders (DROs)

    Today’s digital landscape is different, and it’s going to keep changing. Cybersecurity is no longer just an IT issue. With the rising frequency and sophistication of cyberattacks, businesses face not only operational disruptions but also significant legal liabilities. Simultaneously, individuals are becoming more aware of their rights when their personal data is compromised. This article gives you a short summary of what businesses must do to mitigate legal risks and what rights consumers have when data breaches occur.
    Continue Reading Cybersecurity and Legal Liability: What Businesses Must Do to Protect Themselves, and Your Rights When Your Data is Mishandled

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    More than three years after the case was originally filed in Dane County Circuit Court, the Wisconsin Supreme Court, in a 4-3 decision, held that Wis. Stat. § 940.04(1) does not prohibit abortion in Wisconsin. The statute, the majority held, had been impliedly repealed by subsequent legislation that permitted, but regulated, abortion in certain circumstances. The majority decision in Kaul v. Urmanski, authored by Justice Dallet, held that the statutes enacted subsequent to Wis. Stat. § 940.04(1) could not…
    Continue Reading Wisconsin Supreme Court Rules Legislature Effectively Repealed Abortion Ban with Subsequent Legislation

    The beginning of summer often aligns with the beginning of the growing season for many Midwest farmers. With the rising temperatures, fruits and vegetables aren’t the only things growing this summer. The risk of heat stroke, heat exhaustion, and other heat-related injuries are a major risk for employees. So how do employers ensure that their workers stay safe during long days in the sun? State and federal agencies have developed recommendations and policies to answer this question.
    Occupational Safety…
    Continue Reading As Summer Heats Up, What Responsibility Do Employers Have to Cool Down Their Employees?

    If your estate is less than $13.99 million dollars in assets, and you pass away, then under the current federal tax laws, the beneficiaries owe no federal estate tax. This limit of $13.99 million is called the “federal estate tax exemption.” The federal estate tax exemption is often called an “exemption,” but it is more accurately identified as the unified credit, which is a tax credit rather than an exemption. When you make gifts, the law calculates a hypothetical…
    Continue Reading Rising Above the Sunset: The Big Beautiful Bill’s Proposed Changes to Federal Estate Tax

    Marriage is not only a personal milestone to be celebrated – it is a legal partnership governed by specific state laws. Getting married in Wisconsin comes with many legal benefits, as well as responsibilities. Whether you are planning a wedding in the scenic countryside, or in the heart of Milwaukee, it is valuable to understand the legal implications of your marriage in Wisconsin.   

    At Axley, we provide experienced guidance on all related legal matters such as prenuptial agreements, marital…
    Continue Reading Marriage in Wisconsin: What Laws Apply to Me?

    At Axley, we understand that divorce involves a wide range of important interests and decisions. From finances and property ownership to child-related matters, no matter what decisions you are facing, having a clear understanding of Wisconsin’s laws is crucial.  
    As discussed in Part I of this series: Marriage in Wisconsin: What Laws Apply to Me?, when you marry in Wisconsin you are subject to the state’s laws and marital property designations.  
    This continued discussion is an…
    Continue Reading Divorce in Wisconsin: What Laws Apply to Me?

    In Wisconsin, if an employee caused damage to a customer’s vehicle, can we deduct the cost from the employee’s paycheck without special consent? 

    Short answer—no, the employer must have provided consent or some form of written agreement with the employee in order to deduct the cost of the damages form the employee’s paycheck.  

    Under Wisconsin law, it is unlawful for an employer to make deductions from an employee’s earned wages for “defective or faulty workmanship, lost or stolen property…
    Continue Reading Can Damage to a Customer’s Vehicle Caused by an Employee be Deducted from that Employee’s Paycheck Without Special Consent?

    The Trump administration’s U.S. Department of Labor (DOL) rang in May by publishing guidance directing DOL to stop enforcing a Biden-era rule (that itself had rescinded a DOL rule created during the first Trump administration) on the factors distinguishing independent contractors from employees. Although the Biden-era rule remains “on the books” for now while the DOL considers replacing it, the no-enforcement transitional period leaves employers to deal with uncertainty in classifying who are employees and who are independent contractors. …
    Continue Reading Are They Employees or Independent Contractors? The Test for Classifying Independent Contractors is Shifting Away from “Economic Reality”

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    In a case recommended for publication (Dyersville Ready Mix Inc. v. Iowa Cnty. Bd. of Supervisors, No. 2024AP1091, 2025 WL 1078289 (Wis. Ct. App. 2025)), the Wisconsin Court of Appeals recently held that local governments may consider the allowed conditional uses in a zoning district when deciding a rezoning application.  
    What Did the Property Owner Propose?
    Dyersville Ready Mix Inc. d/b/a BARD Materials applied to Iowa County to rezone a 100-acre property located in the Town of…
    Continue Reading A Local Government May Consider Conditional Uses in a Zoning Category In Reviewing a Rezoning Application

    Businesses often face the challenge of attracting and retaining star employees. It can be tempting to offer star employees ownership in the business to alleviate the hardship of losing them after investing time, money, and resources into training and onboarding. The main drawback of offering ownership is potentially relinquishing some control in the business. Employers that want to incentivize and retain star employees, without relinquishing actual equity or control of the entity, should consider offering “Phantom Units” rather than…
    Continue Reading Phantom Ownership: How to Use Phantom Units to Incentivize Star Employees