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New Regulations Implementing ADA Amendments Issued

Posted on April 22, 2011 by

In the past, the U.S. Supreme Court issued case rulings which narrowly defined the term “disability” under the Americans with Disabilities Act (ADA). This resulted in individuals with certain conditions, such as cancer, diabetes, and epilepsy, not qualifying for protection under the ADA. To establish a broader definition of disability, Congress enacted the Americans with […]

Random Alcohol Testing May Violate the ADA

Posted on April 21, 2011 by

Many employers have implemented policies to randomly test employees for drugs and alcohol use. The purpose of such policies is, of course, safety. Recently, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against U.S. Steel Corporation alleging that the Company’s random alcohol testing policy violated the Americans with Disabilities Act (ADA). In the lawsuit, […]

.co Top Level Domain Names Gain in Popularity

Posted on April 15, 2011 by

In July of 2010, domain name registries began allowing web site owners to register the top level domain “.co” as part of their domain name as an alternative to the ubiquitous “.com” top level domain. Prior to the July launch, the “.co” domain was restricted for use by the Columbian government, similar to the way […]

CMS Announces Closing of Early Retiree Reinsurance Program Effective After May 5, 2011

Posted on April 4, 2011 by

The Center for Medicare and Medicaid Services (CMS) announced March 31st that due to the overwhelming response, the early retiree reinsurance program will be closed to new applicants after May 5, 2011. ERRP allows employers that sponsor group health plans to seek reimbursement for certain health care expenses incurred by former employees age 55 and […]

Mandatory Employee Contributions to WRS: What’s a Governmental Employer to Do? (Hint: You May Need a Pick Up Resolution!)

Posted on April 1, 2011 by

As we wait for some sort of finality out of Madison relating to Wisconsin Act 10 (see our most recent alert “Implementation of Wisconsin Act 10 is Blocked Again by Dane County Circuit Court”), some governmental employers are already faced with the prospect of imposing mandatory Wisconsin Retirement System (WRS) contributions upon employees, due to […]

2011 and 2012 May Be Opportune Times For Estate and Gift Tax Planning

Posted on March 1, 2011 by

The federal estate, gift and generation-skipping transfer (GST) tax rules approved by Congress in December, 2010 are in effect during 2011 and 2012 only. The Treasury Department announced in February, 2011 that President Obama’s 2012 budget proposals presume several important changes in the rules that will take effect on January 1, 2013. In “General Explanations […]

Is it a Good Time for Our Governmental Unit to Conduct a Federal Tax Self-Assessment?

Posted on February 23, 2011 by

The Internal Revenue Service office of Federal, State & Local Governments (FSLG) has developed a self-assessment tool as a resource to help governmental entities understand and comply with the complex nature of their federal tax responsibilities. FSLG helps coordinate activities with IRS offices to work with governmental employers to resolve tax problems.   FSLG developed […]

Budget Repair Bill Proposes Significant Changes to Municipal Collective Bargaining Laws

Posted on February 15, 2011 by

Governor Walker has proposed many changes to the Municipal Employment Relations Act (Section 111.70, Wis. Stats.) as part of the Budget Repair Bill to be considered by the Legislature this week. In the Repair Bill, a number of changes are proposed to state and municipal employee collective bargaining laws. While the exact changes are subject […]

DOL Recovers One Million Plus in Overtime Back Wages and Penalties for Employer’s Misclassification of Employees

Posted on February 11, 2011 by

Part of President Obama’s enforcement agenda has been to direct the Department of Labor (DOL) to vigorously enforce the federal wage and hour laws and, particularly, the laws pertaining to exempt and non-exempt employees under the Fair Labor Standards Act (FLSA). Recently, the DOL assessed a huge sum against an employer for incorrectly classifying non […]

The U.S. Supreme Court Finds Employee is Protected from Retaliation Due to His “Association” With a Co-worker Who Filed a Complaint

Posted on February 9, 2011 by

Last week, the United States Supreme Court decided the case of Thompson v. North American Stainless, LP. In a unanimous decision (Justice Kagan recusing herself), the Court held that Title VII’s anti-retaliation provision applied to an employee who was terminated after his fiancee filed a complaint against the company. Background North American Stainless (Stainless) fired […]