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18 Results for Articles published in January 2013 In The Blue Ink Blog.

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Congress Strikes Deal To Avoid Tax Changes

Posted on January 2, 2013, Authored by Shanna N. Yonke
Shanna N. Yonke
Attorney
Wausau Office
,

Congress passed the American Taxpayer Relief Act of 2012 overnight. President Obama has not yet signed the bill into law, but he is expected to sign the bill as proposed. The bill proposes some increases in tax rates, but the changes are not as signifi…

Rock My World - Geology Field Trip

Posted on January 2, 2013, Authored by Russell W. Wilson
Russell W. Wilson
Of Counsel
Wausau Office
, Filed under Community

Russ Wilson is a member of a committee that is developing an outdoor geology exhibit for the Mead Wildlife Center that is owned and operated by the Wisconsin Department of Natural Resources in Wood County. The committee is gathering a variety of rock spe…

Denial of Facebook Access is a New Employment Law Issue

Posted on January 3, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

A teacher's aide in Michigan was disciplined for not giving her Facebook password to her boss. The boss wanted to look at her Facebook page because a picture of her coworker had been posted to the employee's Facebook page. The refusal to provide the pass…

Federal Court is Asked to Hold Enforcement of Act 10 Order

Posted on January 6, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

The Western Federal District Court, in a recent decision, held that several provisions of Wisconsin Act 10 were unconstitutional. The provisions included the section that required public unions to recertify every year by a majority vote of all employees …

Physician Pay Cut Avoided By the Fiscal Cliff Legislation

Posted on January 7, 2013, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
,

Physicians can breathe a sigh of relief for at least another year. The "fiscal cliff" legislation that was passed by Congress on New Years Day and signed by President Obama Wednesday night (January 2, 2013) averted the planned cut in Medicare payments fo…

Can You Require An Employee To Be At Work?

Posted on January 9, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

I am often asked whether attendance at work can be considered an essential requirement of a particular job. Logic would suggest the answer to that question, but of course, court decisions would suggest differently. A recent decision by the 9th Circuit…

Inaccurate Background Checks Lead to $2.6 Million Reality Check for One Company

Posted on January 12, 2013, Authored by Russell W. Wilson
Russell W. Wilson
Of Counsel
Wausau Office
, Filed under Employment

Wow, the second largest civil penalty obtained by the Federal Trade Commission against a private company for violations of the Fair Credit Reporting Act caused me to take notice. Recently, the FTC for the first time charged an employment background scr…

Conflicts of Interest when Representing a Family Business?

Posted on January 15, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

I recently spoke at the State Bar Business and Real Estate Transactions Institute on the topic of conflicts of interest when representing a family held business. This is a very difficult area because of the potential for conflicts between the individual …

Legal Advice on a YouTube video? It happened.

Posted on January 18, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

Something has happened in my law practice that has never happened before. I have given legal advice to a client based upon a YouTube video. Peter Davis, legal counsel for the Wisconsin Employment Relations Commission, was included in a video post on Y…

Act 10 Upheld by Federal Appellate Court - What Now?

Posted on January 18, 2013, Authored by Ruder Ware Attorneys,

Today, the US Court of Appeals for the Seventh Circuit has upheld Wisconsin Act 10 in its entirety. The Court affirmed the District Court's ruling that the collective bargaining provisions in Act 10 satisfy the rational review test and are thus constitut…

Estate Planning is About More Than Estate Taxes

After a flurry of last-minute negotiations to avoid the so-called "fiscal cliff," Congress passed, and President Obama signed, the American Taxpayer Relief Act of 2012. Among other things, it makes permanent the $5 million amount that may be transferred t…

Cleanup In Aisle "Fore:" NLRB Likely To Use Roundy's Inc. Case to Wipe Away Bush-era Standard for Union Access to Employer E-Mail Systems.

Posted on January 22, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

In 2007, the Bush-era Board (in a 3-2 vote) established a property-right based standard through which employee use of company-owned [including non-union companies] email systems for union solicitation may be restricted. Through the Register Guard decisio…

Ruder Ware Launches Blog, "The Blue Ink"

Posted on January 22, 2013, Authored by ,

In the words of one of our bloggers, "Our attorneys are dedicated to being more than just trusted legal advisors to our clients - we pride ourselves on being considered true business allies." Ruder Ware's aim of launching this blog is to be accessible to …

Final Regulations Issued Under the HITECH Act

A final rule containing a wide range of changes to the privacy and security provisions of HIPAA was released last Thursday (January 17, 2013) by the Department of Health and Human Services Office for Civil Rights (OCR). The final regulations include a var…

Act 10 Seventh Circuit Update

Posted on January 25, 2013, Authored by Ruder Ware Attorneys, Filed under Local Governments and School Districts

As we wait for the Wisconsin Court of Appeals to weigh in on many fundamental principles of Act 10, the Seventh Circuit recently announced that it believes the entirety of Act 10 passes constitutional muster. While this decision certainly does not signif…

EEOC Not Candid about Cameras: Uncertainty About Risks of Video Interviewing Remains

Posted on January 25, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

A recent letter from the Equal Employment Opportunity Commission refused to give any guidance on whether it would be acceptable for a company to use a video interview to select candidates for hire. The EEOC refers to a number of articles and advice given…

NLRB Issues Another "DISH" appointing Social Media Decision

Posted on January 25, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

In a rerun of a tired episode we've all seen before but wish to forget (e.g., like any episode of Three's Company, however, regrettably, there's a fan club), a National Labor Relations Board (Board) administrative law judge has once again determined that…

For Obama NLRB, Recess is Not as Fun as it Once Was: Federal Court Holds President's Recess Appointments to the NLRB are Unconstitutional

Posted on January 30, 2013, Authored by Ruder Ware Attorneys, Filed under Employment

On January 25, 2013, the federal D.C. Circuit Court of Appeals issued an opinion finding that President Obama's January 4, 2012 recess appointments to the National Labor Relations Board (Board) were unconstitutional (appointments made after the Senate be…