The content in The Weld Report blog posts are based upon the law applicable at the times blog posts are originally published. Due to frequent changes in the law, the content in these blog posts may not remain accurate or reliable. None of the information contained in these blog posts is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. You should not act upon the information in these blog posts without discussing your specific situation with a licensed attorney. Nothing within The Weld Report blog posts creates an attorney-client relationship.

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Property Division at Divorce

 

By: Attorneys Jennifer N. Brown and Evan M. Mayer – Weld Riley, S.C.

Wisconsin takes the adage “what is mine is yours,” quite seriously when it comes to marriage as it is a marital property state. Marital property means any asset obtained during the marriage belongs to both spouses. If the spouses choose to divorce, the property should be split 50/50, right? It depends. Although a 50/50 split is the general rule, the fun part of the law is that every rule has an exception.

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Safer-at-Home Order: Remix Edition

By: Attorney Samuel D. Bach-Hanson – Weld Riley, S.C.
On April 16, 2020, the Wisconsin Department of Health Services (“DHS”), at the direction of Governor Tony Evers, issued a new Safer at Home Order, Emergency Order #28 (the “New Order”). This Order goes into effect on April 24, when Emergency Order #12 (the “Original Order”) expires, and will be effective through Tuesday, May 26, 2020.

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Emergency Guidance on Prohibited Debt Collection Practices

On April 13, 2020, the Wisconsin Department of Financial Institutions (DFI), at the direction of Governor Tony Evers, issued “Emergency Guidance on Prohibited Debt Collection Practices”. The Guide reminds debt collectors of the prohibitions on debt collection under the Wisconsin Consumer Act. And it goes further to warn that what were considered permissible debt collection practices may not be permissible during the State’s lockdown.

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Emergency Coronavirus Relief Package

In response to the COVID-19 global pandemic, President Trump on Wednesday signed into law an emergency relief package (https://www.congress.gov/bill/116th-congress/house-bill/6201/text), which, among other things, provides paid leave to many American workers if they need to take time off work due to the coronavirus. The legislation becomes effective no later than 15 days after its enactment.

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“Alright, Break it Up!”: FERPA and Digitally Editing Video of a School Fight

By: Attorney Sven W. Strutz – Weld Riley, S.C.

On an instinctual level, it’s the call that no student migrating between classes can resist: “Fight!  Fight!”

With that, a pack of students form a ritual circle to bear witness to this primal contest. Maybe a punch or two is thrown. Perhaps a nose bloodied. Or clothing torn. Like life in the state of nature, the fight is nasty, brutish, and short. Inevitably, the combatants are separated and the spectators admonished: “Get back to class!” 

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Does This Bus Stop at ADA Street?: Obesity Not an ADA “Disability” Unless Caused by an Underlying Physiological Condition

By: Attorney Sven W. Strutz – Weld Riley, S.C.

The phrase “America’s Obesity Epidemic” gets a lot of play in the press.  However, regardless of whether obesity constitutes a “disease” and an “epidemic” from a medical perspective, obesity does not—standing alone—constitute a “disability” from the perspective of federal antidiscrimination law in the Seventh Circuit [which covers Wisconsin, Illinois, and Indiana].  This is the rule even in cases of “extreme” obesity.

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“Have it Your Way”: Court of Appeals Applies “Burger King Rule” to Public Records Requests for Electronic Records

By: Attorney Sven W. Strutz – Weld Riley, S.C.

Public records requests are a bit like the Whopper.  Vintage Burger King commercials featured the slogan “have it your way.”  An accompanying jingle went something like this:  “hold the pickles, hold the lettuce, special orders don’t upset us.”  It is now clear that, under Wisconsin’s public records law, a person making a “special order” for public records — i.e. records in a specifically identified or native electronic format—is entitled to have that request honored.

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Local Parents Represented by Weld Riley, S.C. Challenge Grandparent Visitation Law and Prevail at Wisconsin Supreme Court

Cacie M. Michels and Keaton L. Lyons are parents of a nine-year-old girl.  They are unmarried but amicably share custody of their daughter.  After their daughter began kindergarten, her schedule began to fill up with new activities and commitments.  As a result, she spent less time with her grandparents, including with her paternal grandmother, Jill R. Kelsey.

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No More “Double-Secret Probation”?: Title IX’s Evolving Standards and Due Process in Campus Sexual Harassment and Misconduct Cases

By: Attorney Sven W. Strutz – Weld Riley, S.C.

Last November, Secretary of Education Betsy DeVos proposed a significant overhaul of the rules for colleges investigating complaints of sexual harassment or assault.  This additional step was taken after an April 4, 2011 “Dear Colleague” letter issued by the Obama Administration’s Department of Education was rescinded by the Trump Administration in 2017.

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Trump’s DOL Splits the Baby in New Overtime Regulations

By: Attorney Stephen L. Weld – Weld Riley, S.C.

During the Obama Presidency, the Department of Labor (DOL) proposed significant changes to the rules implementing the so-called “white collar” exemptions to the Fair Labor Standards Act (FLSA).  Under the FLSA, employees are considered hourly, with overtime premiums required for hours worked over 40 in a week, unless they are paid by salary and their job duties fit into one of the exemptions – executive, administrative, or professional (EAP). 

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