Axley Publications

Articles, legal alerts, and videos, highlighting a range of timely legal news and industry hot issues.
Subscribe via RSS
Visit Blog
By: Axley Attorneys

Blog Authors

Axley Attorneys
Axley Marketing
Powderkeg

Latest from Axley Publications

One of the most difficult parts of owning a business is finding great employees. Successful business owners know they cannot be everywhere at once and therefore must rely on their key employees. Sometimes retaining these key employees becomes vital not only for day-to-day operations, but the future success of the business.

This drives many Wisconsin business owners to ask: Should I let my key employees buy into my business? This is a loaded question. Not only do business owners…
Continue Reading Should I Offer Ownership to My Key Employees?

As businesses grow, owners may increasingly rely on key employees and Human Resources (HR) professionals to manage functions the owner does not directly oversee. Key employees and HR professionals are typically those employees who have access to important confidential business information. These individuals often gain access to confidential operational details, employee information, and other sensitive data. A common question that arises: When should employers use non-disclosure agreements (NDAs)?

While NDAs are not required in every situation, they are one…
Continue Reading Nondisclosure Agreements (NDAs): A Practical Guide on How and When NDAs Should be Utilized

stock photo

Under the Wisconsin Worker’s Compensation Act, employees can file unreasonable refusal to rehire claims against employers when the employer, without reasonable cause, refuses to rehire an employee who is injured in the course of employment when suitable employment is available within the employee’s physical and mental limitations. In its recent opinion in Bruce Belland Trucking, Inc., v. LIRC, the Wisconsin Court of Appeals discussed the ongoing nature of an employer’s obligation to rehire an injured worker and provided instruction…
Continue Reading A New Framework in Wisconsin for Analyzing an Employer’s Unreasonable Refusal to Rehire an Injured Worker

A significant element in proving an age discrimination claim in Wisconsin is that the claimant is 40 years old or older. With Wisconsin’s median age hovering right above 40, employers should be mindful of the rights of workers aged 40 and older to avoid exposing themselves to potential litigation.
Establishing an Age Discrimination Claim
The Wisconsin Fair Employment Act (WFEA) enumerates a wide variety of protected classes, one being a safeguard from age discrimination. The federal Age Discrimination in …
Continue Reading Age Discrimination Claims in the Workplace: Key Considerations for Employers

Securing a federal trademark with the United States Patent and Trademark Office (USPTO) is one of the most exciting and valuable steps a new business can take to protect its brand identity. The USPTO trademark application process is not always intuitive, especially when it comes to evaluating whether another business is already using a similar mark in commerce. It is important for prospective applicants to understand how the trademark application process works in order to prevent costly surprises down…
Continue Reading Navigating the USPTO Trademark Application Process: Is It Worth the Risk?

From pay transparency to remote work, employees are increasingly vocal about working conditions, both in the office and online. The National Labor Relations Act (NLRA) protects employees, union and non-union alike, when they engage in concerted activity to address terms and conditions of employment. Employers cannot discharge, discipline, or threaten employees for engaging in protected concerted activity. Given the rise of employee activism in the workplace, it is imperative for you to understand when you can and cannot lawfully…
Continue Reading Protected Concerted Activity: Navigating the Rise of Employee Activism

Employers play a pivotal role in guiding employees through their benefits options, including retirement plans and life insurance. However, one crucial aspect often goes overlooked: beneficiary designations. In Wisconsin, these designations carry significant legal weight and can directly shape how an employee’s benefits are distributed after their death.
The Binding Nature of Beneficiary Designations in Wisconsin
For 401(k)s, 403(b)s, profit-sharing plans, and employer-sponsored life insurance (“Benefits Plans”), the beneficiary designation on file at the time of an employee’s death…
Continue Reading Navigating Beneficiary Designations: A Guide for Employers

law_firm_for_sale_window-ChatGPT-image-1200x630

When you own a business, it becomes more than a paycheck; it is your life’s work. The business can be immensely personal, and the sale of it can be life altering and emotional, even in the best situations. You may be asking yourself: “Do I really need to hire a lawyer to sell my business?” While you are the expert on your company, we are the experts on the legal ramifications, liabilities, and protections you and your family need…
Continue Reading I Am Selling My Business – Now What?

Drone view of a brownfield housing development on the edge of an East Anglian village.
Drone view of a brownfield housing development on the edge of an East Anglian village. A water tower in the distant supplies water to the sprawling village.

In a recent decision, the Wisconsin Court of Appeals addressed the obligations of property owners when contesting property tax assessments, specifically regarding the requirement to provide income and expense information to assessors. The case, Middleton Westbrook Property Owner LLC, et al. v. Village of Menomonee Falls Board of Review, clarifies the statutory duties of property owners related to their obligation to turnover financial information and the consequences of failing to comply.
Case Background
Middleton Westbrook Property Owner LLC…
Continue Reading Wisconsin Tax Appeals: Must Owners Disclose Financial Data?

Terminations are complex, often triggering emotional, legal, and administrative challenges for employees and employers. When post-termination questions go unanswered or lack clarity, the offboarding process can become unnecessarily lengthy and contentious, which in turn can lead to increased legal costs for both parties. When employee counsel doesn’t have access to the employee handbook or the full set of termination terms, how can discussion and negotiations proceed efficiently? Without a shared understanding of the rules, post-termination discussions inevitably drag on…
Continue Reading Post-Termination Clarity: How Proactive Employment Agreements Prevent Offboarding Pitfalls

Cell phones are a quintessential tool in modern society, including within the realm of employment. Many employers utilize various data networks that allow employees to access and store the employer’s data on their own personal cell phones or other personal devices under Bring Your Own Device (BYOD) practices. Allowing employee access to employer data from their personal devices can help businesses achieve objectives of increasing employees’ productivity and retaining employees who value remote-work options. But beware, BYOD practices can…
Continue Reading BYOD to Court? Is Your Bring Your Own Device (BYOD) Practice a Liability?

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?

Imagine you are having lunch with a former employee. They have moved on to a new job with your company’s direct competitor. During the conversation, they casually say, “Hey, what if we exchanged contact information and lists of our (presumably) high-value clients?”  What do you do? Hopefully, you decline your former colleague’s request. In Wisconsin, when it comes to customer information—names, contact details, preferences, purchase history—that is not yours to share.
So What’s the Big Deal?
Customer information is…
Continue Reading Keeping It Confidential: Why Protecting Client Info Matters in Wisconsin Workplaces

stock photo

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