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Posted on November 12, 2010 by Ruder Ware Alumni
The National Labor Relations Board (NLRB) recently filed an unfair labor practice complaint against a Company alleging that the Company has an overbroad Internet and blogging policy that interferes with an employee’s right to engage in protected activity. In a complaint filed against American Medical Response of Connecticut, Inc., the NLRB has alleged that the […]
Posted on October 28, 2010 by Mary Ellen Schill
The Internal Revenue Service has announced the cost-of-living adjustments for the various qualified retirement plan limits. Note that all of the limits shown below are unchanged from 2010, because the relevant cost-of-living index for 2010 is less than the cost-of-living index for 2009, the basis for the cost-of-living increases. Qualified Plan Limit Cost-of-Living Adjustments 401(k) […]
Posted on October 27, 2010 by Ruder Ware Alumni
The Federal Wiretap Act governs illegal recording of communications. A violation of the Federal Wiretap Act is when a person illegally intercepts an oral communication or intentionally uses or discloses the contents of an oral communication with knowledge that it was illegally intercepted. Recently, the Seventh Circuit Court of Appeals, whose jurisdiction covers Wisconsin, ruled […]
Posted on October 25, 2010 by Mary Ellen Schill
Prior to the Patient Protection and Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010 (“Health Care Reform”), employers were not required to report on an employee’s Form W-2 information about the cost of employer-sponsored health coverage. Health Care Reform added the requirement that such information must be reported […]
Posted on September 8, 2010 by Sara J. Ackermann
A new law will take effect January 1, 2011, that increases the enforcement authority of the Wisconsin Department of Workforce Development (the “DWD”) related to the classification of workers as either employees or independent contractors. The law affects employers and employees as each are defined pursuant to the Wisconsin employment regulations, minimum wage law, workers’ […]
Posted on September 8, 2010 by Sara J. Ackermann
President Obama has signed Executive Order 13496, Notification of Employee Rights Under Federal Labor Law. Pursuant to this order, the Department of Labor issued its final regulations which contain important requirements for employers with federal government contracts and subcontracts. The regulations pertain to employee rights under the National Labor Relations Act and require both notice […]
Posted on August 3, 2010 by Ruder Ware Alumni
You have likely heard of the Wisconsin Supreme Court’s decision issued on July 16, 2010, in Schill v. Wisconsin Rapids School District, 2010 WI 86 (7/16/10). In this decision, the Supreme Court ruled that Wisconsin’s Public Records Law does not require the disclosure of employee personal e-mails that are sent and received by a public […]
Posted on August 3, 2010 by Ruder Ware Alumni
The Wisconsin Court of Appeals in Selmer Company v. Timothy Rinn and Ganther Construction, Inc. (“Selmer Company”) recently addressed whether restrictive covenants, such as non-solicitation and non-compete provisions, in agreements other than employment agreements are subject to Wisconsin’s statute governing restrictive covenants. In Wisconsin, most restrictive covenants arising from an employment arrangement are governed by […]
Posted on July 21, 2010 by Mark D. Munson
On May 12, 2010, Governor Doyle signed the Uniform Power of Attorney for Finances and Property Act (the Act), which becomes effective on September 1, 2010. Under the Act, the laws in Wisconsin that address durable powers of attorney for finances and property will be significantly different from, and more comprehensive than, the current laws. […]
Posted on July 14, 2010 by Ruder Ware Alumni
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 […]