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Nursing Home Resident Denied Medicaid Due to a Trust Established by Children

Posted on October 19, 2011 by

A Wisconsin Court of Appeals recently issued an important decision upholding a lower court ruling to deny medical assistance benefits to a nursing home resident. The denial was made because assets of a trust established by the applicant’s children for her benefit were deemed an available resource. In June 1991, Lucille Hedlund (“Lucille”) and her […]

Concealed Carry Issues

Posted on October 6, 2011 by

Some concern has been expressed regarding two issues with Wisconsin’s new carrying concealed weapons law that was published on July 22, 2011. First, there seems to be a question regarding the effective date of the law. Second, some property owners and business owners are wondering who the law applies to and believe they may be […]

IRS Cell Phone Ruling Welcomed by Employers and Employees

Posted on September 16, 2011 by

On September 14, 2011 the Internal Revenue Service issued Notice 2011-72, which gives non-taxable de minimis fringe benefit treatment to employer-provided cell phones (and presumably voice and data plans). Prior to 2010, cell phones were considered “listed property” for IRS purposes, and an employer who provided cell phones to its employees had heightened substantiation requirements […]

Inherited IRAs Not Protected From Beneficiary’s Creditors

Posted on August 30, 2011 by

In a recent decision, the United States Bankruptcy Court for the Western District of Wisconsin ruled that inherited IRAs are not protected from a beneficiary’s creditors. Bankruptcy courts in different parts of the country have come to the same conclusion, while others have come to a different conclusion. These cases may stand as they are […]

National Labor Relations Board Issues Final Rule

Posted on August 25, 2011 by

The National Labor Relations Board (NLRB) has issued a Final Rule requiring employers to notify employees of their rights under the National Labor Relations Act. Under the new rule, effective November 14, 2011, private-sector employers (including labor organizations) whose workplaces fall under the National Labor Relations Act will be required to post the employee rights […]

Concealed Carry Law Requires Businesses to Make Policy Decisions

Posted on August 3, 2011 by

As we discussed in our previous E-alert “Are You Ready for Conceal and Carry?”, public and private sector employers are facing the question of prohibiting concealed weapons in their place of business. This question, however, lends itself to a number of other considerations for employers, such as: May employers distinguish between prohibitions for employees and […]

New Labor Pains for Employers: NLRB and DOL Each Deliver Union-Friendly Proposals

Posted on July 29, 2011 by

Recently, the National Labor Relations Board (“NLRB”) and the Department of Labor (“DOL”) separately proposed new rules aimed at making unionization easier – ignoring the old adage, “if it ain’t broke, don’t fix it.” As explained below, the NLRB proposed a new set of representation pre-election procedures, popularly characterized as the “quickie election” rules, while […]

Wisconsin Supreme Court Sides With Employer in Workers’ Compensation Unreasonable Refusal to Rehire Case

Posted on July 27, 2011 by

The Wisconsin Supreme Court has issued a decision in favor of an employer in a workers’ compensation case for unreasonable refusal to rehire. In doing so, the court emphasized that an employer is not required to make an accommodation to an employee’s personal obligations in order to escape liability under the unreasonable refusal to rehire […]

Limitation Changes for Small Claims Court

Posted on July 26, 2011 by

The 2011-13 Wisconsin budget bill raises the limit on many types of small claims actions. Effective July 1, 2011, the monetary limit for small claims actions for money judgments, replevin, attachments, and garnishments is $10,000 or less. Previously, the small claims limit was $5,000 or less. The increased limit does not apply to personal injury […]

Department of Employee Trust Funds Clarifies Timeline for WRS Contributions

Posted on July 22, 2011 by

A recent memo from the Wisconsin Department of Employee Trust Funds (ETF) has clarified the timeline that local government units should use for deducting the required employee contribution to the Wisconsin Retirement System. In its memo, ETF has determined that the deductions should begin with the first full pay period which begins on or after […]