NARROW AUTO-DIALING DEFINITION BROADENS TEXT I wrote this post last year, but the US Supreme Court has been busy since then addressing the Telephone Consumer Protection Act (TCPA). In April of 2021, they unanimously overturned the Ninth Circuit’s broad interpretation of an autodialer in Facebook v. Duguin. The opinion states that a notification system that … Read more
Actually, I have two. Or, to be more precise, Department of Revenue has two for you. Proposal 1: Fact Sheet 3111: When Must a Person Obtain an Alcohol Beverage Retail License? (Comment Period Closes April 10, 2019) Proposal 2: Fact Sheet 3112: Winery and Class “B” Beer License (Comment Period Closes April 16, 2019) In … Read more
In our engagement letter, we have some very important language. Possibly the most important is this: It is expressly agreed and understood by Client that OG + S is retained for the sole benefit of the Client, and not for the benefit of any other person, partnership, corporation, shareholder, office, director, affiliated company or guarantor … Read more
Under the 2014 Federal Farm Bill, hemp cultivation is allowed to be undertaken by States as part of an approved agricultural pilot program. Despite many other federal laws banning cultivation and use of hemp, the Farm Bill created this carve-out and a new opportunity for entrepreneurs and farmers in States that adopted the pilot programs. Luckily, … Read more
I’ve been on an employment article kick lately, and my awesome business partner, Erin Ogden, will be making a presentation about “Business Growing Pains” to the Baraboo, Wisconsin Area Chamber of Commerce shortly, so I wanted to dust off this article I’d written a while back on LinkedIn and share it with the OG+S audience. … Read more
How does an employer determine if an employee is exempt under the FLSA and Wisconsin law? Determining if an employee is exempt under the Fair Labor Standards Act (“FLSA”) and Wisconsin Department of Workforce Development (“DWD”) regulations is a multi-step process. Additionally, an employee may be exempt under the FLSA as to overtime, but may … Read more
This is the first post in a series about wages and overtime, when it applies, and how to avoid costly mistakes. As your company expands beyond the initial founders, keeping abreast of the multiple (and sometimes confusing!) wage and overtime regulations covering employees becomes incredibly important. Here are two questions I’ve gotten recently, along with … Read more
On November 27, 2017, Wisconsin started to allow businesses to be “benefit corporations” as a business entity thanks to the new corporate statutory Chapter 204. A benefit corporation is a corporation formed in accordance with ch. 180 that states in its articles that it is a benefit corporation and has a purpose of creating general public benefit. … Read more
If you do business outside of the state in which you are organized (e.g., you are a Wisconsin LLC, but do business in Illinios), you have to tell that other state that you are doing business there. That is, you register as a foreign company. Yup, it is as you always suspected, those Illinois people … Read more
IN CONGRESS, JULY 4, 1776 The unanimous Declaration of the thirteen united States of America hen in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of … Read more