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Wisconsin Courts Set Forth Clarifying Law Regarding Enforceability of Employee Non-Compete Agreements

Posted on July 14, 2010 by

Enforcing non-compete provisions in employment agreements is of the utmost concern to employers when attempting to protect their business from former employees. However, because a non-compete provision is considered a “restrictive covenant,” they are disfavored by the courts and construed in favor of employees. Further, a non-compete provision can only impose a limitation to the […]

Wisconsin Goes Smoke Free – Are You Ready?

Posted on July 5, 2010 by

Wisconsin recently adopted a law that will impact many employers in the state, both private and public. The new law, 2009 Wisconsin Act 12, prohibits smoking in most private and public places. The law takes effect on July 5, 2010. Until then, Wisconsin’s current Clean Indoor Air Act will remain in effect, as well as […]

Estate Tax Update

Posted on June 29, 2010 by

A number of bills have been introduced in the U.S. Congress to deal with the estate tax situation that we described in a previous legal update. See “Questions and Answers Concerning Status of Federal Estate Tax”, December 2009. Last week Senator Bernard Sanders introduced yet one more piece of estate tax reform legislation. In what […]

DOL Opinion Expands FMLA Leave Rights

Posted on June 25, 2010 by

The Federal Family Medical Leave Act entitles an employee up to 12 weeks of leave for the birth or adoption of a son or daughter, or to care for a son or daughter with a serious health condition. The definition of a “son or daughter” includes not only a biological or adopted child, but also […]

U.S. Supreme Court Rules That a Two Member National Labor Relations Board Lacked Authority to Issue Decisions

Posted on June 18, 2010 by

On Thursday, June 17, 2010 the U.S. Supreme Court ruled that the National Labor Relations Board (NLRB) did not have authority to issue any decisions during the period January 1, 2008 through March 27, 2010. During that 27- month period, the NLRB operated with only two members. Normally, the NLRB is a five-member board. In […]

Follow Up: Wisconsin Goes Smoke-Free – Are You Ready?

Posted on June 7, 2010 by

We have had many inquiries with regard to the alert we issued late last week referencing Wisconsin s new smoke-free law titled Wisconsin Goes Smoke Free – Are You Ready?. In light of those inquiries, we are providing a copy of the newly revised statute that was created by 2009 Wisconsin Act 12. The statute […]

2011 Health Savings Account Cost of Living Adjustments

Posted on May 24, 2010 by

The Internal Revenue Service has announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums. As set forth below, for 2011, no adjustments have been made to the 2010 amounts. HSA/HDHP Requirement  Cost-of-Living Adjustments Limit on HSA Contributions – Self-only HDHP 2010 – $3,050 2011 […]

Plan/Prevent/Protect – The New Strategy to Enforce Compliance with Federal Employment Laws

Posted on May 21, 2010 by

On April 26, 2010, the Department of Labor (“DOL”) announced a new program to enforce compliance with federal employment laws. The program is one of President Obama’s initiatives. The program, entitled “Plan/Prevent/Protect,” will allow the DOL to leverage its limited resources by shifting the burden of proving compliance to the employer. While this program has […]

Revised Federal Trade Commission Guidelines On Endorsements and Testimonials Change Deceptive Advertising Risks and Will Affect Marketing Efforts

Posted on May 14, 2010 by

For years, the Federal Trade Commission (the FTC) has regulated deceptive advertising under Section 5 of the Federal Trade Commission Act (the Act). This has included the issuance of non-binding, but very important, guidelines outlining the FTC’s views on the proper use of advertisements containing endorsements and testimonials.   On December 1, 2009, these revised […]

Federal Agencies Issue Important Guidance on Health Care Reform’s Extension of Health Coverage to Young Adults

Posted on May 11, 2010 by

Need a reason to start dealing today with the impact of health care reform on your group health plan rather than tomorrow? Are you so overwhelmed that you are looking for some discrete part of the new law to conquer so that you can tell the world that you are doing something to bring your […]