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A recent Wisconsin Court of Appeals decision highlighted the importance of employers being very careful when making employment decisions to ensure that part of the rationale for a decision is not discriminatory in nature. In this decision, Milwaukee Coun…

The National Labor Relations Board continues to reach out to provide protection to employees. In a recent decision, the Board concluded that an outburst in the workplace by an employee was considered protected speech, because the employee did not explici…

Over the past few years, we have all become accustomed to tax deductions, credits, and reduced rates expiring. We have also become accustomed to our elected officials debating until the very last minute about whether to extend sunsetting tax provisions. …

A recent decision from the Tenth Circuit Court of Appeals has addressed the question whether a six-month leave of absence for a disabled employee is sufficient to satisfy the reasonable accommodation requirement. The Court of Appeals found that Kansas St…

Sorry to be a little late to the Ruder Ware tax blog party, but I have arrived bringing a nice housewarming present. Let's just say I'm re-gifting an earlier article I posted on our website back in April. Health savings accounts (HSAs) are tax creatures …

Many companies have a policy that prohibits employees from talking about their salary or benefits in order to avoid morale issues in the workplace. It is sometimes hard to enforce a policy like this, but companies believe it is important to make it clear…

Taxpayer Bill of Rights - On Tuesday, the Internal Revenue Service (IRS) unveiled the new and improved "Taxpayers' Bill of Rights." Unbeknownst to most taxpayers, the Internal Revenue Code actually sets forth rights of taxpayers (who knew!). The IRS tout…

One of the more difficult areas of our practice deals with assisting school districts through student discipline and serving as counsel to districts during student expulsions. This week, I came across an interesting article in the Washington Post which a…

Generally, federal and state bankruptcy laws protect traditional individual retirement accounts (IRAs) from creditor claims. Courts have differed, however, on whether those laws also protect an IRA that is inherited (an "inherited IRA") by a child or oth…

Recently, several businesses have asked me to carefully scrutinize their employment application forms for compliance with state and federal law. Interestingly, one question that consistently arises is whether employers in Wisconsin are permitted to ask q…

If it hasn't happened yet, trust me, it will. Every public official seems to be put in a position of conflict while in office. Here is a link to a recent article about a City of Green Bay public official who has chosen to abstain from any further voting …

Many employers, in an effort to improve workplace productivity, efficiency and safety, implement so-called "Solicitation and Distribution of Materials" policies. These policies generally prohibit non-work-related communications by employees during work t…

This is your reminder that your Foreign Bank and Financial Accounts Reports (FBARs) are due on June 30th. If you have a financial interest in or signature authority over a foreign financial account, including a bank account, brokerage account, mutual fun…

Very recently, we have seen commercial payors begin to roll out provider scoring systems. Information about the specifics of these systems is still developing, so I am not providing details at this time. Some of you may have already encountered this issu…

Indelible Legacy It is with great sadness that we mourn the passing of our long-time partner and friend, G. Lane Ware. After Lane was admitted to the bar in 1965, he raised the bar for his entire profession through his legal and civic leadership. He …

I received a telephone call from a prospective client yesterday. Let's call her Suzie. Suzie called me asking for guidance on how to handle a phone call she received from the IRS. The caller stated on Suzie's voicemail that Suzie had 2 hours to return th…

A recent decision by the United States Supreme Court has clarified a very murky area of the law. Statements by a government employee may or may not be protected speech based upon the content of the speech and the circumstances under which the statements …

I can't help but write a puff piece about the recent lawsuit filed in a Denver District Court earlier this week. In the lawsuit, the attorney is asking the court to block marijuana taxes in Colorado, claiming the state's tax system violates the Fifth Ame…

A recent federal court decision from Pennsylvania illustrates the importance of a confidentiality agreement as part of a compliance program. The Pennsylvania court found that a confidentiality agreement that had been signed by an employee restricted the …

Today, the United States Supreme Court issued a decision that strikes down the right of a public sector union to charge "fair share" dues from certain public sector employees in the State of Illinois. This decision focuses on a unique situation where sta…