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“Waters of the United States”: Something More Than Actually Navigable Waters

Posted on April 29, 2015 by

The joint initiative of the United States Environmental Protection Agency (“EPA”) and the United States Army Corps of Engineers (“Corps”) to define the “waters of the United States” is the result of three U.S. Supreme Court cases that develop the “significant nexus” test of jurisdiction under the Clean Water Act (“CWA”). This article discusses the […]

The Fourth Circuit U.S. Court of Appeals Applies the “Significant Nexus” Test in Wetlands Litigation

Posted on March 16, 2015 by

On March 10, 2015, the United States Court of Appeals for the Fourth Circuit issued an unpublished decision in Precon Development Corporation, Incorporated v. United States Army Corps of Engineers (link to Decision).  Unpublished decisions are not binding in the Fourth Circuit. The decision applies the “significant nexus test” of U.S. Army Corps of Engineers […]

“In Sickness and in Health…”: DOL Issues Final Rule Granting FMLA Rights to Married Same-Sex Couples

Posted on March 10, 2015 by

The DOL issued a Final Rule revising the Family and Medical Leave Act’s (FMLA) definition so that eligible employees in legal same-sex and common law marriages can take FMLA leave to care for their spouse or family member, regardless of where they live. The regulation is effective March 27, 2015. The DOL has moved from […]

Wisconsin Will Become A Right-To-Work State This Week?

Posted on February 23, 2015 by

Since the news broke last Friday, it is becoming very clear that Wisconsin will become a right-to-work state in the very near future.  A Ruder Ware alumni attorney and a colleague had a conversation about this proposed legislation recently which we have summarized here. Ruder Atty: It looks like the Legislature is going to consider […]

Bah Humbug: NLRB’s Long-Awaited E-Mail Access Decision Is Sure to Put a Damper on Holiday Cheer for Non-Union Employers

Posted on December 12, 2014 by

On December 11, 2014, a divided [3-2, along partisan lines] National Labor Relations Board (“Board”) issued its long-awaited decision in Purple Communications, Inc., which many management-side labor relations professionals correctly predicted would fundamentally change how union organizing is conducted at nonunion workplaces [a copy of the Board’s decision is available here]. Through Purple Communications, Inc., 361 NLRB No. […]

2015 Standard Mileage Rates

Posted on December 10, 2014 by

The Internal Revenue Service has announced the optional standard mileage rates for computing the deductible cost of operating an automobile for business, medical, and moving expenses for 2015. Effective January 1, 2015, the optional standard mileage rates will increase to 57.5 cents per mile for business transportation, and decrease to 23 cents per mile for […]

2015 Qualified Plan Cost of Living Increases, 2015 Social Security Taxable Wage Base

Posted on October 24, 2014 by

The Internal Revenue Service has announced the cost-of-living adjustments for the various qualified retirement plan limits. Many of the limits shown below increased from last year. All of the above are plan year limits (i.e., for the plan year which begins in 2015), with the exception of the Code Section 401(k) and Code Section 403(b) […]

WDNR’s Duty and Authority to Consider Cumulative Impacts in Groundwater Withdrawal

Posted on September 30, 2014 by

Administrative Law Judge Jeffrey Boldt, Wisconsin Division of Hearings and Appeals, issued his September 3, 2014, decision holding that the Wisconsin Department of Natural Resources has the legal authority and duty to consider cumulative impacts from groundwater withdrawal so as to prevent potential harm to the waters of the state. “It is scientifically unsupported, and […]

NFL on the Defensive: What Your Organization Can Learn From the Rice Incident.

Posted on September 11, 2014 by

Right now the National Football League is “on trial.” We aren’t talking about your typical trial before a judge and jury. This is a trial of the worst kind – a trial by media. With about half of Americans admitting they are fans of professional football, this is a trial that America is watching. Whether […]

Shoemaker: A Personal Experience

Posted on September 11, 2014 by

This is a tale of a shoemaker who was so busy making everyone else’s shoes that he forgot about his own. We all have plenty of time to get the “paperwork” of our estate planning done, right? For most of us, it’s just another thing to check off as far as being a responsible adult, […]