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Recent Decisions Support Requirements for Working Extra Hours

Posted on July 2, 2018 by

Several recent federal court decisions have reaffirmed the right of an employer to require an employee to work extra hours or rotating hours of work as a part of the normal duties of a position provided there is legitimate reason for such requirement.  In two cases, the federal courts have acknowledged that overtime can be […]

Yes, Employees Can Be Required to Behave Civilly and Reasonably

Posted on June 21, 2018 by

The National Labor Relations Board (NLRB) is continuing to expand on its newfound flexibility toward employee handbook rules.  The NLRB’s General Counsel, Peter Robb, recently issued a memo defining in greater detail which types of handbook rules are acceptable and which will merit greater scrutiny.  Significantly, the memo instructs NLRB regional offices that ambiguities in […]

Can an ACO Violate the Antitrust Laws?

Posted on June 21, 2018 by

This may not be obvious to people who do not keep track of the Federal Trade Commission (FTC)/Department of Justice antitrust enforcement policy, but an enforcement action has never been published involving an Accountable Care Organization (ACO) that participates in Managed Security Service Provider (MSSP) or another federal health care program.  The reason for the […]

DOJ Focuses Antitrust Enforcement on Health Care Industry

Posted on June 5, 2018 by

As health care attorneys we are often called upon to consider the antitrust implications in a variety of contracts and transactions.  For example, the establishment of clinically integrated health care networks requires consideration of potential price fixing and exclusionary issues.  The antitrust laws require elements of financial and clinical integration in order to mitigate potential […]

Attorney David Fenlon Joins Ruder Ware’s Green Bay Office

Posted on June 5, 2018

Ruder Ware is pleased to announce the addition of Attorney Dave Fenlon to our recently opened Green Bay office.  A Green Bay native, Dave advises the firm’s clients in a variety of estate and business planning matters, including the preparation of wills and trusts, financial and health care powers of attorney, and other estate planning documents; […]

2019 HSA Contribution Limits Are Announced

Posted on June 1, 2018 by

If it seems like the IRS just announced the 2018 limits, you are not mistaken.  Just over a month ago the IRS declared a do over for the 2018 limits, see The IRS Says Never Mind – You Can Have Your Higher HSA Limit!  With the arrival of 90 degree temperatures in Wisconsin, it is […]

Second Tax Cut Bill in the Works

Posted on May 30, 2018 by

White House Director of Legislative Affairs Marc Short told reporters last week that the Trump Administration has been working with the House Ways and Means Committee Chairman Kevin Brady and the Senate Finance Committee on a second tax cuts proposal that would make permanent the tax cuts for individuals passed in the Tax Cuts and […]

Complying with Michigan’s New Controlled Substance Laws – The Bona-Fide Prescriber-Patient Relationship Requirement

Posted on May 29, 2018 by

The state of Michigan has enacted a number of separate pieces of legislation to address the opioid epidemic.  Most of these laws are directed at controlling the prescribing relationship between a physician and a patient. Generally, Michigan requires a controlled substance license to prescribe controlled substances in the state. A holder of a controlled substance […]

IRS to Issue Regulations Addressing $10,000 Limit on State and Local Tax Deduction

Posted on May 24, 2018 by

Yesterday, the IRS issued Notice 2018-54 and an accompanying news release stating that proposed regulations will be issued addressing the deductibility of state and local tax payments for federal income tax proposes. As many of you know, the Tax Cuts and Jobs Act (TCJA) limited the amount of state and local taxes an individual can […]

Treatment Center Pleads Guilty to Anti-kickback Statute Violations Involving Alcohol and Drug Addiction Treatment Centers

Posted on May 24, 2018 by

The Department of Justice (DOJ) recently announced the guilty plea of two individual alcohol and substance abuse treatment center owners for their participation in what the DOJ labeled a “multi-million dollar health care fraud and money laundering scheme.”  The two individuals owned a licensed substance abuse service provider (or treatment center) offering clinical treatment services […]