Wisconsin Business Law and Litigation
A blog dedicated to Wisconsin business law and business litigation matters, authored by Chris Moander of the Moander Law Firm.

Last week, Milwaukee County passed a binding referendum requiring employers to provide sick leave to all workers; eleven or more employees requires one hour of sick time per thirty hours worked (nine days a year), whereas ten or fewer employees requires only five days of sick leave.  For clarification, a referendum is "the process of referring a state legislative act or important public issue to the people for final approval by popular vote" - the voting public decides whether to apply a law as written. 

So how does this referendum affect you, a Milwaukee County business owner?  It is hard to tell this soon after the vote, but my friend, fellow attorney, and employment lawyer Mark Goldstein, of Mark J. Goldstein, S.C., outlined several possible reactions by local businesses:

                            Some employers are concerned about yet another employee-related cost that
                            cannot be passed on to customers and the administrative hassle of managing
                            yet another category of leave. Others ask if this will be a disincentive to
                            businesses that are contemplating locating, or staying, in Milwaukee
                            (Washington D.C. and San Francisco are the only municipalities with a “paid
                            time off” ordinance). Still others take a more pragmatic view, suggesting
                            they will simply reallocate time and dollars previously allocated to paid
                            vacation, paid holidays or other benefits to the new paid sick leave.

Now is the time to think and plan if you are affected by the change.

Chris Moander is an independent attorney based in Milwaukee who is passionate about helping growing business navigate the legal waters of Wisconsin.

I know it is an overused statement, but the world is smaller than ever.  Thus it is no surprise that even extremely small businesses will interact with companies outside the United States.  Naturally, cross-border relationships bring with them unique legal complexities.  A fine example of this thorny issue is the effect of U.S. treaties with other nations. 

The Constitution, in it’s Supremacy Clause, tells us that treaties (along with other laws) are the supreme law of the United States.  The Supreme Court confirmed that valid treaties override state law several times over the life of our nation, the first case (Ware v. Hylton, 3 U.S. 199) focusing on the post-revolution treaty with England.  So, it is well established that, if your business partner’s home nation has a treaty with the U.S., that treaty may have a substantive impact on both how you transact business with that business partner and the subject matter of your business relationship. 

So what if treaties override other law, including state law?  That’s the kicker for the entrepreneur.  The longer you are in business and the closer you are to your attorney, the more familiar (and comfortable) you will become with Wisconsin law.  Treaties change that familiarity - new terms and interpretations may be introduced to an agreement, or whole sections of law may be disregarded in favor of the treaty.  For example, a given nation may have a treaty with the U.S. that does not obligate any businesses from that nation to follow Wisconsin franchise law and regulations.  Normally, failure of a company to meet such requirements is a red flag to an attorney and the business owner, but a proper treaty changes the analysis.

Chris Moander is an independent attorney based in Milwaukee who is passionate about helping growing business navigate the legal waters of Wisconsin.

My friend Jon Groth has food for thought for employers and employees on election day. 

The lesson here - employers should be prepared for reduced workforce on election day(s). 

Chris Moander is an independent attorney based in Milwaukee who is passionate about helping growing business navigate the legal waters of Wisconsin.

This is a short week, since I am heading out to the Wisconsin Solo and Small Firm Conference tomorrow (I am speaking on Friday), so I am pitching out other blogger’s material today. 

Mark Toth, the CLO of Manpower, shares some of Wisconsin’s rather silly laws.  Every place has a few.  I am impressed, but not shocked, at how effective the cheese lobby has been in insulating their racket by requiring a slice of cheese with each slice of apple pie AND requiring a license to make limburger cheese. 

Chris Moander is an independent attorney based in Milwaukee who is passionate about helping growing business navigate the legal waters of Wisconsin.

But if this article is accurate, and I sure like to believe it is, small businesses will weather the current economic environment and potentially pull us back up.

Now, I’m not claiming now is the best time to start up (no time is ever perfect), but it feels good knowing that small business in America can thrive in most any situation.

Chris Moander is an independent attorney based in Milwaukee who is passionate about helping growing business navigate the legal waters of Wisconsin.

I will be speaking at the Wisconsin Solo and Small Firm Conference in October 2008 (next month).  It should be great fun and it will be my first time at the event.  Specifically, I will be speaking on blogging at Session 9 scheduled for 4-5 p.m. on October 24th.  Please come listen to Jon Groth, Rob Teuber, and myself - our goal is to educate our peers as much as possible on the utility of Web 2.0 and viral marketing.