262-446-9222
New Legislation Aims to Make Repeat OWI Conviction In Wisconsin a Felony
Wisconsin is not known for having harsh Operating While Intoxicated (OWI) laws. In fact, it was one of the last states to lower the legal blood alcohol concentration (BAC) limit to 0.08 percent.
In an attempt to change the state's reputation, some legislators are pushing for more stringent OWI penalties. Currently, Sen. Alberta Darling of River Hills is heading the most recent push. Her plan includes an effort to introduce a bill that would increase the severity of penalties for drivers who receive repeat OWI convictions.
Current OWI Law in Wisconsin
In Wisconsin, a first offense for drunk driving is treated as a traffic offense and results in a monetary penalty of up to $300 and potential driver's license suspension. Second and third offenses are listed as criminal misdemeanors and also come with monetary penalties.
A person will not receive a felony charge in Wisconsin until the fourth offense, and only if that offense occurs within five years of the previous conviction. Wisconsin is currently one of seven states in the nation that does not attach a felony charge until the fourth offense. Penalties associated with this charge include a minimum monetary fine of $600 and a minimum prison sentence of six months.
Passing the family business to the next generation
Let's say it's time for you to retire. You've built up a successful business, and you want to pass it along to the next generation of your family. What problems do you foresee? What are some recommended solutions?
Two of your children have worked for the company, and you want them to continue. One hasn't and is not involved with the welfare of the company.
You want the business to survive, family harmony to be preserved and your children treated equally.
Experience has shown that having a company operated by employee-children and nonemployee-children is usually bad for both the children and the business. Tensions may arise over the amount paid to the nonemployee owner, the amount of salaries, benefits and perks paid to the employee-owners, the amount not distributed and kept in the bank account as retained earnings or a debate on how well the company is being managed. Even if the children trust each other and get along well, the introduction of brothers and sisters-in-law can stir up resentments and trouble.
Can you see where this is going?
The Importance of Securing Uninsured Motorist Insurance
What happens when you get into an accident with someone who does not have enough liability coverage to cover your medical expenses? Recently, the Wisconsin Bar released an article focused on the importance of securing an appropriate amount of uninsured motorist insurance for when this happens. "Underinsured motorist coverage protects individuals injured in a car accident if the other driver does not have enough coverage to pay for the damages." (Wisconsin Bar, 2014).
The article discusses the changes that have recently come to light regarding uninsured motorist insurance and what it means for drivers. It used to be that uninsured motorist insurance would cover the difference between the damages and what the underinsured motorist was able to pay. Now these rules have changed. Now, your underinsured motorist coverage limits must be higher than the other driver's liability limits in order to take advantage of your coverage benefits. Unfortunately, if liability limits and underinsured motorist coverage are the same amount, you will not receive a penny from your insurance.
Should I Take My Company to Cloud Computing?
Cloud computing promises to rapidly change how small businesses operate.
This is good news for owners. Equipment and software costs will plummet.
With cloud computing you won't need big modems and a suite of software for each employee's computer. Instead, you'll need just one application on a laptop and access to the Internet. That app will allow employees to log onto a web-based service that hosts all the programs they need. The computers running the cloud are in remote, secure locations, and they will run everything from e-mail to complex data analysis programs.
(You may already be using cloud computing. If you have an e-mail account with Hotmail, Gmail or Yahoo!, you log onto a web-based account remotely. The software and storage for your e-mail account don't exist on your computer. They are on the service provider's computer cloud.)
That's the good news about cloud computer.
The other side of the coin is that you will be asked to sign a contract with the service provider. Here's a word of advice: Before signing that agreement, have a lawyer review it.
Time for a Corporate Audit?
If you own or operate a business, you are probably due for a corporate audit. Surprises and hassles that cost time and money are lurking. Here are some examples:
1. Employment agreements. There are hundreds of lawsuits in Wisconsin between employers and employees over terminations and employment agreements. Here are a few problem areas:
a. New Restrictive Covenants. Can you ask a current employee to sign an employment agreement with new restrictive covenants? Yes, but you will have to provide some consideration, either in the form of extra money or some other perk.
b. Non-Competition Covenants. Is a non-competition clause legal?
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