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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Employers May Now Exercise Greater Discretion Regarding Criminal Convictions

The Weld Report

By: Attorneys Dean Dietrich and Justin Andrews – Weld Riley, S.C.

A recent decision from the Wisconsin Supreme Court has opened the door for employers to take a more “expanded” view of the circumstances that would allow an employer to discriminate against someone because of an arrest or conviction record. Continue reading Employers May Now Exercise Greater Discretion Regarding Criminal Convictions →

What Could be New in 2022 for Employers?

The Weld Report

By: Attorneys Dean Dietrich and Samuel Bach-Hanson – Weld Riley, S.C.

There is a lot of speculation about the potential changes to labor law principles during 2022. The General Counsel for the National Labor Relations Board (NLRB) spoke recently about her views on important issues that employers may face in 2022. While these are her personal views, they do present potential actions that employers must consider and plan for if they want to be prepared. Here are some considerations:

Continue reading What Could be New in 2022 for Employers? →

Vaccine/Testing Mandate Reinstated but Subject to Further Review

COVID-19, The Weld Report

By: Attorneys Dean Dietrich and Justin Andrews – Weld Riley, S.C.

As you may have heard, the 6th Circuit Court of Appeals has lifted the order that blocked the implementation of the vaccine/testing mandate for employers with over 100 employees. This mandate originated from an OSHA Emergency Temporary Standard (ETS). The three members of the 6th Circuit Court of Appeals Panel held (by a 2 – 1 vote) that the Coronavirus pandemic was of sufficient severity and potential for harm to employees across the country such that OSHA had the proper legal authority to implement the ETS.  OSHA has indicated that it will begin enforcing the requirements of this mandate on February 9, 2022, but employers with over 100 employees are expected to begin the process of implementing the mandate on January 9.

Continue reading Vaccine/Testing Mandate Reinstated but Subject to Further Review →

Religious Exemption to Mandatory Vaccine Policy?

COVID-19, The Weld Report

 

By: Attorneys Dean Dietrich and Mark Sauer – Weld Riley, S.C.

Many employers are considering a mandatory vaccine policy that would require employees to prove that they have been vaccinated for the COVID-19 virus in order to come back to work.  Some employers (with more than 100 employees) may be required to have a vaccine policy under the “Path Out of the Pandemic” initiative announced by the Biden Administration.  We are all anxiously awaiting the Emergency Temporary Standard to be pronounced by OSHA that will give some direction on the question of a mandatory vaccine policy.

Continue reading Religious Exemption to Mandatory Vaccine Policy? →

The Civil Litigation Process Explained

The Weld Report

 

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

A lawsuit can be a confusing and intimidating time. More likely than not, your infrequent brushes with the law may leave you clueless as to what your lawyer is doing with all the information you are sharing with them.  Whether you are a plaintiff (the person bringing the lawsuit) or a defendant (the person being sued), a broad overview of the procedure in a lawsuit may help lower the confusion.

Continue reading The Civil Litigation Process Explained →

Property Division at Divorce

The Weld Report

 

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.

Continue reading Property Division at Divorce →

Safer-at-Home Order: Remix Edition

COVID-19, The Weld Report

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.

Continue reading Safer-at-Home Order: Remix Edition →

Emergency Guidance on Prohibited Debt Collection Practices

COVID-19, The Weld Report

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.

Continue reading Emergency Guidance on Prohibited Debt Collection Practices →

Emergency Coronavirus Relief Package

COVID-19, The Weld Report

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.

Continue reading Emergency Coronavirus Relief Package →

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

The Weld Report

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!” 

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

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

The Weld Report

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.

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

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

The Weld Report

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.

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

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

The Weld Report

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.

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

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

The Weld Report

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.

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

Trump’s DOL Splits the Baby in New Overtime Regulations

Employment, The Weld Report

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). 

Continue reading Trump’s DOL Splits the Baby in New Overtime Regulations →