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# Wisconsin Business Attorneys

Our attorneys have helped guide Wisconsin businesses through all kinds of legal matters and issues that arise.

## Sitemaps

- [XML Sitemap](https://www.ruderware.com/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [News & Insights](https://www.ruderware.com/about-us/news-insights/) - #post_contentNews & Insights - blog posts: Ag-visor, business transactions, employment law, estate planning vlogs, trusts & estates, elder law, banking & financial, Health Care
- [Consumer Collections in Wisconsin](https://www.ruderware.com/consumer-collections-in-wisconsin/) - Now that the COVID-19 pandemic has subsided to some extent, banks and lenders are beginning to resume collections. Further, as interest rates and inflation continue to rise, it is likely that the number of past due accounts will also rise. One of the issues with collections are the slew of regulations that come with collections
- [Can The Nursing Home Take My Stimulus Check?](https://www.ruderware.com/can-the-nursing-home-take-my-stimulus-check/) - As we are coming to the end of Elder Law Month (as named by the National Academy of Elder Law Attorneys), one of our many roles as elder law attorneys is to keep you apprised of important topics in the world of elder law. As such, we wanted to reach out to you to draw
- [Are Too Many Eggs in One Basket?](https://www.ruderware.com/are-too-many-eggs-in-one-basket/) - In the last two weeks, 75 Wisconsin dairy farmers were notified by their dairy that it could not accept their milk. The dairy and its farmer suppliers are caught in a U.S.-Canada trade dispute over “ultra-filtered” milk. Almost overnight, a market disappeared. The net result is a million pounds of milk per day in Wisconsin
- [Breaking News: Social Security Administration Announces 5.9% Benefit Increase for 2022](https://www.ruderware.com/breaking-news-social-security-administration-announces-5-9-benefit-increase-for-2022/) - Today, the Social Security Administration announced in a press release that approximately seventy million Americans who receive Social Security and Supplemental Security Income (SSI) will receive a cost-of-living adjustment (“COLA”) seeing an increase in their benefits of 5.9% in 2022. Sixty-four million Social Security beneficiaries will see their 5.9% COLA increase in January 2022. Eight
- [The Early Bird RMD Doesn’t Get the Tax Relief Worm](https://www.ruderware.com/the-early-bird-rmd-doesnt-get-the-tax-relief-worm/) - In response to the COVID-19 pandemic, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law on March 27, 2020. Ruder Ware’s COVID-19 Focus Team provided a summary of the CARES Act in a previous blog post. In that post, they mentioned that the CARES Act suspends most required
- [State of Wisconsin Extends Safer at Home Order](https://www.ruderware.com/state-of-wisconsin-extends-safer-at-home-order/) - This afternoon, Wisconsin Department of Health Services issued Emergency Order #28 (the “Extended Order”), an extension to Emergency Order #12 released on March 24th (the “Original Order”). The full text of the Extended Order can be accessed here. The Original Order remains in effect until 8:00 AM on April 24th, at which time the Extended
- [President Trump Signs CARES Act](https://www.ruderware.com/president-trump-signs-cares-act/) - After much negotiation over the past few days, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law, a $2 trillion stimulus package aimed at providing critical economic relief to Americans affected in the wake of the COVID-19 outbreak. Big Picture With a combination of direct payments, grants, loans
- [DOL Says Employers May Require Employees Use Available Paid Leave During Expanded FMLA Leave!](https://www.ruderware.com/dol-says-employers-may-require-employees-use-available-paid-leave-during-expanded-fmla-leave/) - Last Friday, the DOL issued “corrections” to its FFCRA regulations. A link to these corrections is here: FFCRA Corrections. Among other small changes, the DOL has made it crystal clear that an employer may require an employee use accrued paid leave for the paid portions of Expanded FMLA leave. This does not apply during the
- [DOL Issues FFCRA Poster and Notice FAQ!](https://www.ruderware.com/dol-issues-ffcra-poster-and-notice-faq/) - Today the DOL issued a notice employers subject to the FFCRA must post prior to April 1, 2020. A copy of the poster can be found here. The FAQ regarding the poster can be found here. Ruder Ware's COVID-19 Focus Team doing all we can to keep you up to date as this situation evolves, please
- [DOL Issues Conflicting Guidance Regarding Leave Offered Before April 1!](https://www.ruderware.com/dol-issues-conflicting-guidance-regarding-leave-offered-before-april-1/) - Late yesterday, the Department of Labor issued its first FAQ at regarding the FFCRA. In that FAQ the DOL specifically states: Question: Can my employer deny me paid sick leave if my employer gave me paid leave for a reason identified in the Emergency Paid Sick Leave Act prior to the Act going into effect?
- [EEOC Issues Updated COVID-19 FAQs](https://www.ruderware.com/breaking-news-eeoc-issues-updated-covid-19-faqs/) - Yesterday, the Equal Employment Opportunity Commission (EEOC) added more FAQs to its COVID guidance to what is becoming a very long list that started months ago. The EEOC highlights the additional religious exemption guidance as follows: Employees and applicants must inform their employers if they seek an exception to an employer’s COVID-19 vaccine requirement due
- [“In Sickness and in Health…”: DOL Issues Final Rule Granting FMLA Rights to Married Same-Sex Couples](https://www.ruderware.com/in-sickness-and-in-health-dol-issues-final-rule-granting-fmla-rights-to-married-same-sex-couples/) - In a win for same-sex married couples, the DOL has revised the FMLA so that employees in legal same-sex 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. For the full legal update, including a summary of what this
- [Worker's Compensation: Opt Out in Wisconsin?](https://www.ruderware.com/workers-compensation-opt-out-in-wisconsin/) - In 2014 Oklahoma enacted a radical change to its workers’ compensation statute, and on September 13, 2016, the Oklahoma Supreme Court held that it violates the state constitution. The case is Dillard’s, Inc. v. Vasquez, 2016 OK 89. Some version of the Oklahoma legislative plan might be considered by the Wisconsin Legislature. This article explores
- [Same Loan Application, Only Different](https://www.ruderware.com/same-loan-application-only-different/) - Last month the Bureau of Consumer Financial Protection (CFPB) quietly approved a revised and redesigned Uniform Residential Loan Application (URLA) for 2017 to allow for the collection of more information about the ethnicity and race of loan applicants. With some exceptions, Regulation B § 1002.5(b) generally prohibits a creditor from inquiring about the race, color,
- [Will the Stimulus Check Impact my Medical Assistance?](https://www.ruderware.com/will-the-stimulus-check-impact-my-medical-assistance/) - As the IRS begins to send out payments under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, recipients of Medical Assistance for long-term care (i.e., Medicaid or Family Care) are wondering how this payment may affect their benefits. In other words, will the payment be considered either income or an asset that causes issues
- [Local Social Security Administration Offices Open for Business Again](https://www.ruderware.com/local-social-security-administration-offices-open-for-business-again/) - Do you prefer face-to-face meetings? Do you struggle getting through a phone tree or finding what you need online? Many of our clients receive Social Security Retirement benefits, Social Security Disability benefits, and various other benefits provided through the Social Security Administration (the “SSA”). Recently, Kilolo Kijakazi, the Acting Commissioner of Social Security, announced that
- [Wisconsin Department of Health Services Increases Monthly Spousal Income Allowance](https://www.ruderware.com/wisconsin-dept-of-health-services-increases-monthly-spousal-income-allowance/) - The Wisconsin Department of Health Services recently announced the “minimum monthly maintenance needs allowance” (“MMMNA”) will be increased from $2,873.34 to $2,903.34 starting on July 1, 2021. As part of laws designed to prevent spousal impoverishment due to the high cost of long-term care, the “community spouse” (who is the spouse of an individual receiving
- [My Parents Want to Leave My Son With Special Needs an Inheritance...Will He Lose His Benefits?](https://www.ruderware.com/my-parents-want-to-leave-my-son-with-special-needs-an-inheritance-will-he-lose-his-benefits/) - Leaving an inheritance to a loved one with special needs who is or will be receiving government benefits (SSI, medical assistance, long term care services) is tricky and can have unintended negative consequences if not done carefully. Well-meaning gifts may result in the loved one (who I will refer to as the “Special Needs Beneficiary”)
- [CMS Releases Key Medicare Figures for 2022](https://www.ruderware.com/cms-releases-key-medicare-figures-for-2022/) - The Centers for Medicare and Medicaid Services (“CMS”) recently released key Medicare figures for 2022 that will affect all elderly and disabled individuals who receive program benefits. This notice summarizes the changes and their impact on various benefits. As is normally the case, Medicare deductibles and premiums have both increased and decreased for 2022. Many
- [Wisconsin Acts to Protect Seniors](https://www.ruderware.com/governor-evers-acts-to-protect-seniors/) - On Friday, August 6, 2021, Wisconsin Governor Tony Evers signed into law six new laws for Wisconsin. One of the new laws, addresses five key issues regarding the elderly. They are: Increased penalties for crimes committed against an elderly individual. Increased the penalty for the sexual assault of an elderly individual. Creates a crime of
- [4 Reasons You Need a Custom Financial Power of Attorney for Medicaid Planning](https://www.ruderware.com/4-reasons-you-need-a-custom-financial-power-of-attorney-for-medicaid-planning/) - We all want to save time and money when possible. So, when I am asked if the standard Wisconsin power of attorney for finances is sufficient, I understand the motivation to put a crucial document in place quickly and economically. The state form is legally valid and will give your agent certain powers to manage
- [Is Medicaid for a Spouse Possible Without Breaking the Bank?](https://www.ruderware.com/is-medicaid-for-a-spouse-possible-without-breaking-the-bank/) - Paying for nursing-home and long-term care can seem daunting when the cost can be $5,000 to $12,000 per month – or more. When a married couple is no longer able or willing to privately pay out of pocket for care and chooses to apply for Medicaid, it’s a complex process. The Medicaid agency must analyze
- [Welcome Back—Wisconsin Safety Council Identifies 8 Key Steps to Keep Employees Safe!](https://www.ruderware.com/welcome-back-wisconsin-safety-council-identifies-8-key-steps-to-keep-employees-safe/) - Late last week, the Wisconsin Safety Council released a brochure for Wisconsin employers to consider as they prepare to reopen. Employers should also consult the previously issued Wisconsin Economic Development Corporation Reopen Guidelines for their industry. Finally, don’t forget to keep an eye on your local government directives. As an example, on May 14th, Marathon County
- [OCC Updates Guidance on Business Combinations](https://www.ruderware.com/occ-updates-guidance-on-business-combinations/) - The Office of the Comptroller of the Currency (“OCC”) has recently updated its “Business Combinations” booklet, which is part of the Comptroller’s Licensing Manual. The revised booklet replaces the prior version, which was issued by the OCC in December 2006. The booklet incorporates a variety of updated procedures and requirements for national banks and federal
- [Banks and Credit Unions Agree to a (Temporary) Cease Fire](https://www.ruderware.com/banks-and-credit-unions-agree-to-a-temporary-cease-fire/) - It’s not every day that community bankers and credit unions agree. Whether it is over tax-exempt status or capital requirements, we have become accustomed to the battle between community banks and credit unions. For example, an entire section of the Independent Community Bank Association’s website is dedicated to advocating against the “expansionist agenda” of credit
- [NLRB Finalizes Union Election Rules to “Modernize” and “Streamline” Election Process at Nonunion Workplaces](https://www.ruderware.com/nlrb-finalizes-union-election-rules-to-modernize-and-streamline-election-process-at-nonunion-workplaces/) - On December 12, 2014, the National Labor Relations Board finalized its much-maligned representation election rules designed to make union organizing drives at nonunion workplaces much easier. The new rules make organizing easier by: (1) significantly reducing the time between when a representation election petition is filed and when the secret-ballot election is held [some observers
- [Spring Brings Showers, Flowers, and Breaking Non-compete News!](https://www.ruderware.com/spring-brings-showers-flowers-and-breaking-non-compete-news/) - Last week, the National Labor Relations Board (NLRB)’s General Counsel publicly announced her position that most non-compete agreements violate the National Labor Relations Act (NLRA) by chilling employees’ ability to exercise their rights to engage in protected activity. Remember, the NLRA applies to all private sector employees that are in non-supervisory positions. This means those
- [Attorney Andrew Lorenz Joins Ruder Ware](https://www.ruderware.com/attorney-andrew-lorenz-joins-ruder-ware/) - Ruder Ware is pleased to announce the addition of Andrew Lorenz to our Eau Claire attorney team. An Eau Claire native, Andrew is a 2018 magna cum laude graduate of the University of Wisconsin Law School. Prior to beginning his legal career he served four years with the United States Marine Corps. At Ruder Ware,
- [Matthew J. Shin Joins Ruder Ware](https://www.ruderware.com/matthew-j-shin-joins-ruder-ware/) - Matthew Shin's intellectual property and business transactions practice has supported the development and commercialization of new technologies, products, and services in laboratories, factories, and computing systems around the world.
- [Your Mileage May Vary - IRS Issues 2014 Mileage Rates](https://www.ruderware.com/your-mileage-may-vary-irs-issues-2014-mileage-rates/) - This afternoon the IRS issued the standard mileage rates for determining the deductible cost for operating automobiles for various purposes (business, medical, charitable) for 2014. Specifics can be found here. Clearly the IRS has noticed the decline in the cost of gasoline at the pump, as the mileage rates for business and medical purposes have
- [IRS Issues Standard Mileage Rates for 2016](https://www.ruderware.com/irs-issues-standard-mileage-rates-for-2016/) - Falling gasoline prices have finally gotten the attention of the IRS! Late last week the IRS issued the standard mileage rates for determining the deductible cost for operating automobiles for various purposes (business, medical, charitable) beginning January 1, 2016. Details can be found here. Of most interest to employers, the mileage rate for business mileage
- [Gas Goes Down, IRS Mileage Reimbursement Rate Goes Up?](https://www.ruderware.com/gas-goes-down-irs-mileage-reimbursement-rate-goes-up/) - This afternoon the IRS issued the standard mileage rates for determining the deductible cost for operating automobiles for various purposes (business, medical, charitable) beginning January 1, 2015. Details can be found here. Even with declining gasoline prices, the reimbursement rate for business purposes actually will increase from 56 cents per mile to 57.5 cents. The
- [IRS Issues Changes to Gas Reimbursement in 2015](https://www.ruderware.com/irs-issues-changes-to-gas-reimbursement-in-2015/) - Attorney Mary Ellen Schill recently authored an update detailing the changes. 2015 Standard Mileage Rates
- [Update:  Watch Out for NLRB Activism](https://www.ruderware.com/update-watch-out-for-nlrb-activism/) - I recently attended an employment law seminar sponsored by the State Bar of Wisconsin. One of the presenters was the Officer in Charge of Sub region 30 of the National Labor Relations Board. In a very candid and open discussion, the Officer in Charge made it very clear that the activism of the National Labor
- [National Labor Relations Board is “Not-So-Secret” Santa to Organized Labor – Delivers Union-Friendly Gift in Advance of the Holidays](https://www.ruderware.com/national-labor-relations-board-is-not-so-secret-santa-to-organized-labor-delivers-union-friendly-gift-in-advance-of-the-holidays/) - Yesterday, the National Labor Relations Board issued its long-awaited email access decision in Purple Communications, Inc. There is no question that this decision is a “game changer” in the area of union organizing activity at non-union worksites. For details about the decision, and how it will impact your workplace, please read the E-Alert I prepared,
- [Presidential Veto = Quickie Election Rules](https://www.ruderware.com/presidential-veto-quickie-election-rules/) - President Obama has vetoed the legislation passed by Congress that would prevent the implementation of the quickie election rules authored by the National Labor Relations Board. These new rules expedite the union representation election process and eliminate the right of an employer to engage in an effective campaign to convince employees that a union is
- [Breaking News: Judge Says He Will Issue Ruling on November 22 Regarding DOL Proposed OT Rule!](https://www.ruderware.com/breaking-news-judge-says-he-will-issue-ruling-on-november-22-regarding-dol-proposed-ot-rule/) - As we reported recently, (see DOL Overtime Rule Update: Breaking News!!!!!) 21 States and multiple business groups have filed suit in the Eastern District of Texas seeking a delay in the implementation of the proposed OT rule set for December 1. Yesterday, the judge assigned to that case advised the parties he will issue his
- [Special Restrictions Apply To Substance and Alcohol Rehabilitation Patient Records; Even In A Pandemic](https://www.ruderware.com/special-restrictions-apply-to-substance-and-alcohol-rehabilitation-patient-records-even-in-a-pandemic/) - The Office of Civil Rights’ “Notification of Enforcement Discretion” regarding COVID- 19 and remote telehealth communications do not apply to information protected under 42 CFR Part 2. These Part 2 regulations protect the confidentiality of certain substance and alcohol rehabilitation records and generally provide more stringent confidentiality protections than what applies to general medical records
- [There's No Such Thing as a Free Lunch - Just Ask the Department of Labor](https://www.ruderware.com/theres-no-such-thing-as-a-free-lunch-just-ask-the-department-of-labor/) - A few days ago I was reading the Wall Street Journal and came across an interesting article about whether daily, fringe-benefit meals are taxable. Apparently (and probably not too surprising to most), the IRS is considering whether these free lunches are fringe benefits on which employees should pay additional tax. The article is interesting, but it
- [Biden Issues an Executive Order Related to COVID-19 and Worker Safety](https://www.ruderware.com/biden-issues-an-executive-order-related-to-covid-19-and-worker-safety/) - On January 21, 2021, President Biden issued an Executive Order (“Order”) which directs the Secretary of Labor, through the Occupational Safety and Health Administration (OSHA), to: Issue revised guidance to employers on workplace safety during the COVID-19 pandemic within two weeks of the Order; Consider whether an emergency temporary standard on COVID-19, including whether masks
- [CMS Issues Guidance On Resuming Non-COVID-19 Care In Areas That Have Low Incidence Of COVID-19](https://www.ruderware.com/cms-issues-guidance-on-resuming-non-covid-19-care-in-areas-that-have-low-incidence-of-covid-19/) - The Centers for Medicare & Medicaid Services (CMS) have issued new recommendations targeted at communities in Phase 1 of the Guidelines for President Trump’s "Opening Up America Again." The Phase 1 category includes communities with low incidence or relatively low and stable incidence of COVID-19 cases. The new CMS guidelines outline recommendations for a gradual
- [OFCCP Issues New March 3 Deadline for Federal Contractors to Object to Disclosure of EEO-1 Data!](https://www.ruderware.com/ofccp-issues-new-february-17-deadline-for-federal-contractors-to-object-to-disclosure-of-eeo-1-data/) - If you are a federal contractor, keep reading. Last summer, the Office of Federal Contractor Compliance Programs (OFCCP) issued a notice to all federal contractors that the Center for Investigative Reporting had requested EEO-1 reports for 2016-2020 pursuant to the Freedom of Information Act (FOIA). While the motive is uncertain, it is likely that this
- [BREAKING NEWS! Guidance Issued on Biden’s Contractor Vaccine Mandate!](https://www.ruderware.com/breaking-news-guidance-issued-on-bidens-contractor-vaccine-mandate/) - On Friday, September 24, 2021, the Safer Federal Workforce Task Force (Task Force) issued its COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Guidance) as directed by President Biden in an executive order (EO) on September 9, 2021. Who: According to the Guidance, a “covered contract” is any contract or contract-like instrument that includes
- [DOL Finally Issues New FFCRA Rule—Effective September 16!](https://www.ruderware.com/dol-finally-issues-new-ffcra-rule-effective-september-16/) - Late last week, the Department of Labor issued a revised rule to address a New York federal judge’s order from this past August that struck down several provisions of the FFCRA. (For a copy of Ruder Ware’s article on that order, click here.) The order left employers confused: Should we follow the original FFCRA or
- [Updated Vaccine Eligibility Starting April 5, 2021](https://www.ruderware.com/updated-vaccine-eligibility-starting-april-5-2020/) - On March 30, 2021, Governor Tony Evers and the Wisconsin Department of Human Services (DHS), announced that everyone age 16 and over will be eligible for the COVID-19 vaccine starting April 5, 2021. Currently the Pfizer vaccine is the only COVID-19 vaccine authorized for individual’s age 16 & 17. Vaccination providers will continue to prioritize
- [UPDATE for Federal Contractors… The Magic Language and updated FAQs!](https://www.ruderware.com/update-for-federal-contractors-the-magic-language-and-updated-faqs/) - The Magic Language: The Federal Acquisition Regulation Council (FAR Council) was charged with drafting contractual language to require compliance with the guidance from the SAFER Task Force (Guidance). For a more in-depth discussion of the Guidance, see our blog post from September 24, BREAKING NEWS! Guidance Issued on Biden’s Contractor Vaccine Mandate! The FAR Council
- [Breaking News! Biden Orders Vaccine Mandates for Certain Employers](https://www.ruderware.com/breaking-news-biden-orders-vaccine-mandates-for-certain-employers/) - On Thursday, September 9, 2021, President Biden announced his new COVID-19 plan entitled “Path out of the Pandemic” (Plan). While this Plan includes several provisions, this e-alert highlights a few of those of most interest to employers: OSHA was directed to issue an Emergency Temporary Standard (ETS). This ETS will require private sector employers with
- [For Obama NLRB, Recess is Not as Fun as it Once Was: Federal Court Holds President's Recess Appointments to the NLRB are Unconstitutional](https://www.ruderware.com/for-obama-nlrb-recess-is-not-as-fun-as-it-once-was-federal-court-holds-presidents-recess-appointments-to-the-nlrb-are-unconstitutional/) - On January 25, 2013, the federal D.C. Circuit Court of Appeals issued an opinion finding that President Obama's January 4, 2012 recess appointments to the National Labor Relations Board (Board) were unconstitutional (appointments made after the Senate began a new session on January 3, 2012 and while this session continued). The case is Noel Canning
- [IRS Releases New Mileage Rates for 2025](https://www.ruderware.com/irs-releases-new-mileage-rates-for-2025/) - The Internal Revenue Service issued the 2025 optional standard mileage rates today for computing the deductible cost of operating an automobile for business, charitable, medical, or moving purposes. The most notable change is the per mile increase for business use mileage. Effective January 1, 2025, the optional standard mileage rates for the use of a
- [Deadline for Reporting Animal Waste Air Emissions Postponed](https://www.ruderware.com/deadline-for-reporting-animal-waste-air-emissions-postponed/) - Last week, Attorney Russell Wilson of Ruder Ware issued a legal update about EPA’s deadline of November 15, 2017 for reporting excessive air emissions of hazardous substances from animal waste at farm operations. In that article Russ also reported on the possibility the deadline might be postponed. That possibility has now become reality. EPA has
- [U.S. Treasury Clarifies Beneficial Ownership Reporting Requirements for Businesses](https://www.ruderware.com/u-s-treasury-clarifies-beneficial-ownership-reporting-requirements-for-businesses/) - When it goes into effect on January 1, 2024, a provision tucked inside the Corporate Transparency Act (the “CTA”) will impose lengthy new reporting requirements on many business entities, including many single-member LLCs. The final rule recently issued by the U.S. Treasury Department’s Financial Crimes Enforcement Network clarifies the scope and applicability of these new
- [Inspector General Audit Could Impact Skilled Nursing Facilities](https://www.ruderware.com/inspector-general-audit-could-impact-skilled-nursing-facilities/) - Skilled nursing facilities (SNF) may see even more scrutiny from the Centers of Medicare and Medicaid Services (CMS) because of a recent audit conducted by the Office of Inspector General of the U.S. Department of Health and Human Services. The audit looked into abuse and neglect of Medicare recipients residing in SNFs and the associated
- [Ambulatory Surgery Center (ASC) Case Demonstrates Differential Value Theory of Remuneration](https://www.ruderware.com/ambulatory-surgery-center-asc-case-demonstrates-differential-value-theory-of-remuneration/) - A relatively recent case involving buy-in terms in an ambulatory surgery center demonstrates how different valuations for referral sources and non-referral sources can be evidence of remuneration under the Medicare Anti-Kickback Statute (42 U.S.C. § 1320a-7b(a)-(b)). The case also demonstrates how the initial investment terms that favor referral sources can foreclose reliance on safe harbor
- [Provider Self Disclosure Process](https://www.ruderware.com/provider-self-disclosure-process/) - A growing area of the health care legal practice involves counseling clients on issues that could require self disclosure under OIG or CMS procedures. The Office of Inspector General has procedures that a provider may follow to disclose possible violations of the Anti-Kickback Statute or other federal laws. Providers have the opportunity to avoid much
- [Enforcing ASC Exclusion Provisions While Minimizing Legal Risk – Rethinking Strict Application of the Safe Harbors to Exclusion Decisions](https://www.ruderware.com/enforcing-asc-exclusion-provisions-while-minimizing-legal-risk-rethinking-strict-application-of-the-safe-harbors-to-exclusion-decisions/) - Many surgery centers are eventually faced with decisions about how to treat investing physicians who do not perform as many procedures in the surgery center as others. Under performing physicians can create political issues in ASCs because investors who perform more surgeries or higher value procedures at the center feel the other investors are taking
- [Atlanta Dentist Goes to Jail for Medicaid Fraud - Do You Hear Me Now on Dental Practice Compliance?](https://www.ruderware.com/atlanta-dentist-goes-to-jail-for-medicaid-fraud-do-you-hear-me-now-on-dental-practice-compliance/) - A few months ago, the Atlanta Journal-Constitution reported on the guilty plea of an Atlanta dentist for Medicaid fraud. Just this week, the dentist was sentenced to serve a year and a half in federal prison. The dentist was alleged to have netted around $1 million in fraudulently obtained reimbursement from the Medicaid program. As
- [When Can Violation of a Condition of Participation Result in False Claims Act Liability? Update on Escobar’s Materiality Standard](https://www.ruderware.com/when-can-violation-of-a-condition-of-participation-result-in-false-claims-act-liability-update-on-escobars-materiality-standard/) - In June, I published a blog article on a decision of the United States Supreme Court that appeared to change the law applicable to “false certification” in the 7th Judicial Circuit Circuit. The Supreme Court decision in Universal Health Services v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), (“Escobar”) opened the door to
- [Too Close for Comfort - CDC and DHS Clarify “Close Contact” for Quarantine Purposes](https://www.ruderware.com/too-close-for-comfort-cdc-and-dhs-clarify-close-contact-for-quarantine-purposes/) - The Centers for Disease Control and Prevention (CDC) and the Wisconsin Department of Health Services (DHS) have updated the definition of "close contact” for quarantine purposes. Previous guidance provided that close contact meant spending a solid 15-minute period of time within six feet from someone infected with COVID-19. On Wednesday, October 21, 2020 the CDC
- [Breaking News! Sixth Circuit to Hear OSHA ETS Challenge](https://www.ruderware.com/breaking-news-6th-circuit-to-hear-osha-ets-challenge/) - On November 16, 2021, a panel on multidistrict litigation announced that a panel of three judges from the U.S. Court of Appeals for the Sixth Circuit will hear the OSHA ETS litigation. All petitions that have been filed will be consolidated to the Sixth Circuit in accordance with the Consolidation Order signed today. What does
- [Remote Online Notarization Now Permitted in Wisconsin](https://www.ruderware.com/remote-online-notarization-now-permitted-in-wisconsin/) - These are unprecedented times for all of us. We continue to receive directives, orders, and suggestions from our local, state and federal governments and their agencies, most of which continue to place additional restrictions on our activities. In an effort to allow real estate transactions to continue, an effort has been made by the Wisconsin
- [Don’t Let the Fear of Losing Your Home to Medicaid Contribute to Elder Abuse](https://www.ruderware.com/dont-let-the-fear-of-losing-your-home-to-medicaid-contribute-to-elder-abuse/) - As we reflect on the close of World Elder Abuse Awareness Month, we wanted to share some information on this important issue. The Centers for Disease Control and Prevention defines elder abuse as an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that
- [Applications for Wisconsin’s “We’re All In” Small Business Grant to Open June 15](https://www.ruderware.com/applications-for-wisconsins-were-all-in-small-business-grant-to-open-june-15/) - The Wisconsin Economic Development Corporation (WEDC) will begin accepting online applications on June 15 for its We’re All In grant, which will provide $2,500 in relief to an estimated 30,000 small businesses throughout the state. Funded by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, the grant aims to help small businesses with
- [Governor Evers Issues Safer at Home Order](https://www.ruderware.com/governor-evers-issues-safer-at-home-order/) - As expected, on Tuesday, March 24, 2020, Governor Evers issued Safer at Home Order #12, requiring individuals across the state of Wisconsin (with exceptions) to stay at home starting at 8:00 AM on Wednesday, March 25, 2020 in order to combat the ongoing COVID-19 pandemic. This Order will remain in effect until 8:00 AM on
- [Conference of State Bank Supervisors Urges Federal Regulators to Simplify Regulatory Capital Rules](https://www.ruderware.com/conference-of-state-bank-supervisors-urges-federal-regulators-to-simplify-regulatory-capital-rules/) - On September 27, 2017, the FDIC, the Federal Reserve, and the OCC (the “Agencies”) issued a proposed rule that simplifies the compliance requirements of the existing regulatory capital rules and is intended to reduce the regulatory burden imposed by it. Developed with small- and medium-sized banks in mind, the proposed rule would: replace the complex
- [Regulators’ Christmas Gift to Banks: 18-Month Examination Cycle](https://www.ruderware.com/regulators-christmas-gift-to-banks-18-month-examination-cycle/) - Earlier this month, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation issued final interagency rules which will reduce regulatory compliance costs for over 600 banks and savings associations. Section 10(d) of the Federal Deposit Insurance Act (FDI Act) generally requires the
- [Examiners are Carefully Scrutinizing Financial Institutions’ Compensation Arrangements](https://www.ruderware.com/examiners-are-carefully-scrutinizing-financial-institutions-compensation-arrangements/) - It has come to our attention that some examiners have recently been carefully scrutinizing financial institutions’ employee compensation arrangements. Although it now appears unlikely that the proposed Dodd-Frank rules on financial-institution incentive compensation (which only apply to institutions with at least $1 billion in total assets) will ever take effect, examiners still do take compensation,
- [Who Benefits? The Corporate Transparency Act Requires Companies to Disclose Their Beneficial Owners Under New Federal Rules](https://www.ruderware.com/who-benefits-the-corporate-transparency-act-requires-companies-to-disclose-their-beneficial-owners-under-new-federal-rules/) - To do business in Wisconsin, a business owner needs to file numerous documents with federal, state, and local governments. Congress recently added a new one. Under the Corporate Transparency Act, most corporations, LLCs, and similar company types doing business in the United States must file a report divulging the personal information of anyone who “controls''
- [Small Businesses can SHOP for Health Coverage Starting in 2014](https://www.ruderware.com/small-businesses-can-shop-for-health-coverage-starting-in-2014/) - When I take my Affordable Care Act show on the road, usually my audience consists of human resources and benefits professionals who are looking for information they can take back to their workplace and the business owners. Last week I had the opportunity to meet with business owners directly when I gave a presentation on
- [Paycheck Protection Program – NEW INFO AND APPLICATION!](https://www.ruderware.com/paycheck-protection-program-new-info-and-application/) - The SBA and Treasury moments ago released updated information on the new Paycheck Protection Program created by the CARES Act. The program is specifically designed to help small businesses (less than 500 employees) keep their workforce employed by providing an SBA guaranteed loan. The program also provides for forgiveness of the loan proceeds that are
- [Will or Trust: Which is Right for Me?](https://www.ruderware.com/will-or-trust-which-is-right-for-me/) - One of the most common questions asked by our clients is, “What is the difference between a will and a trust, and which is right for me?” Last week, I provided a brief summary of the differences between these two common estate planning tools in a vlog. You can view the vlog here. In this
- [How is That Account Titled?](https://www.ruderware.com/how-is-that-account-titled/) - My husband just recently opened a new account at one of those online, do-it-yourself, investment companies. He promises that with the tiny amount of money I was willing to allow him to experiment with that he will make us tons of money. After he got the account set up, he asked me to sit beside
- [Nothing to Prove: Making the Case for Self-Proving Affidavits](https://www.ruderware.com/nothing-to-prove-making-the-case-for-self-proving-affidavits/) - In the beginning of the COVID-19 pandemic, I wrote a blog post on how to create a valid will in Wisconsin. At the time, we were all stuck at home by government order, and many clients signed their wills without a notary public. Signing a will without a notary public was a short-term fix during
- [Shaken or Stirred?  Mixed or Blended?](https://www.ruderware.com/shaken-or-stirred-mixed-or-blended/) - When I meet with new clients I have them fill out what we refer to as our estate planning “questionnaire.” Basically, a form that asks them to insert personal information on the first two pages and financial information on pages 3-5. Page one asks about marital status and page two asks the potential client to
- [Who Plans My Funeral?](https://www.ruderware.com/who-plans-my-funeral/) - Many clients wonder who is responsible for planning their funeral, selecting burial or cremation, and making other arrangements after their death. Some clients ask what happens if family members disagree about these matters. In Wisconsin, there is a default law that dictates who has the authority to make these decisions after your death. The default
- [Online Document Forms Don't Always Do the Job](https://www.ruderware.com/online-document-forms-dont-always-do-the-job-2/) - Wendell knew he needed a financial power of attorney document in order to make sure he named someone to manage his finances and take care of his business if he was ever unable to do so on his own. However, Wendell was busy and didn’t want to take the time or spend the money to
- [New Non-Disclosure and Non-Disparagement Restrictions –  “Me Too” Movement’s Continued Impact on the Workplace!](https://www.ruderware.com/new-non-disclosure-and-non-disparagement-restrictions-me-too-movements-continued-impact-on-the-workplace/) - The Speak Out Act (“Act”) became law on December 7, 2022. The Act prohibits the enforcement of non-disclosure or non-disparagement provisions which are agreed to prior to an allegation of sexual assault or sexual harassment (“sexual misconduct”). The Act applies to disputes regarding alleged sexual misconduct that occur after December 7, 2022. A full version
- [Ruder Ware Attorney Provides Comments on Ag Lending Market](https://www.ruderware.com/ruder-ware-attorney-provides-comments-on-ag-lending-market/) - Chris Seelen, a member of Ruder Ware’s Banking and Financial Institutions Focus Team, recently provided comments on Wisconsin’s ag lending market for Wisconsin Public Radio. The WPR story focused on new federal court data that shows the Western District of Wisconsin had the highest number of farm bankruptcies in the country last year.
- [IRS Releases Mileage Rates for 2024](https://www.ruderware.com/irs-releases-mileage-rates-for-2024/) - The Internal Revenue Service issued the 2024 optional standard mileage rates today for computing the deductible cost of operating an automobile for business, charitable, medical, or moving purposes. The most notable change is the slight per mile increase for businesses. Effective January 1, 2024, the optional standard mileage rates for the use of a car
- [Followup to Alert About the COVID-19 Virus](https://www.ruderware.com/followup-to-alert-about-the-covid-19-virus/) - In a followup to yesterday’s e-alert about the COVID-19 virus, please note the CDC has updated its travel advisory as follows: All travelers should avoid nonessential travel to China, Iran, Western, Northern and Central Europe (see CDC website for map), and South Korea (Level 3 Travel Health Notice); Older travelers and those who have chronic
- [Review Business Contract Carefully](https://www.ruderware.com/review-business-contract-carefully/) - Agricultural producers are often asked to enter into written contracts. Those contracts can cover a wide range of issues including buying equipment, leasing property and selling products. Although the subject matter varies widely, there are a number of issues that will typically apply to any business contract no matter what the subject matter. This article
- [Panicked Over COVID-19?  Keep Calm and Read on…](https://www.ruderware.com/panicked-over-covid-19-keep-calm-and-read-on/) - Should you ban nonessential business travel? Can you prevent an employee from taking that cruise? What if an employee refuses to go home when she is sick? Here are some answers to those questions and more! What should employers do right now? On March 10, Jay Butler, Deputy Director of the Centers for Disease Control
- [Myth Busters:  Dispelling 5 Myths About Medicaid's Long-Term Care Coverage](https://www.ruderware.com/myth-busters-dispelling-5-myths-about-medicaids-long-term-care-coverage/) - Did you know that Medicaid is the largest source of funding for nursing home care? Medicaid, often called Medical Assistance or Title 19, has many rules that are confusing, and thus a mystery to many people. Even more of a mystery surrounds the idea that you can protect your assets and still be eligible for
- [Estate Planning Considerations for Unmarried Individuals](https://www.ruderware.com/estate-planning-considerations-for-unmarried-individuals/) - Estate planning is a process that must be customized to fit each individual’s unique situation. Each individual has their own priorities and issues to address. The priorities and issues for an unmarried individual are often different than those for married couples. Some of the common priorities and issues that arise in estate planning for unmarried
- [Wisconsin Employers Must Notify Workers of Unemployment Insurance Upon Separation](https://www.ruderware.com/wisconsin-employers-must-notify-workers-of-unemployment-insurance-upon-separation/) - The Wisconsin Department of Workforce Development adopted an emergency rule to create DWD 120.02 which was approved by Governor Evers on September 23, 2020. As of November 2, 2020, Wisconsin employers will be required to notify workers of the availability of unemployment insurance upon separation of employment. The notification can be accomplished through one of
- [Supreme Court of Wisconsin Ends State Mask Mandate on March 31](https://www.ruderware.com/wisconsin-supreme-court-ends-state-mask-mandate-on-march-31/) - Today, March 31, 2021, the Supreme Court of Wisconsin ended the state-wide mask mandate after finding Executive Order (EO) #105 to be unlawful, ending it immediately. Governor Tony Evers issued EO #105 shortly after the Wisconsin Legislature revoked EO #104. This decision also blocks Governor Evers from issuing further emergency orders under Wis. Stat. § 323.10
- [Farm Family Probate](https://www.ruderware.com/farm-family-probate/) - The family farm has always been unique from an estate-planning perspective. Unlike many traditional businesses, a farm business typically holds a disproportionate amount of illiquid assets such as real estate, equipment, crops and livestock. It often has few liquid assets. Important planning needs to take place to deal with the incapacity or death of family-farm
- [5 Ways the Coronavirus May Impact Long-Term Care Insurance](https://www.ruderware.com/5-ways-the-coronavirus-may-impact-long-term-care-insurance/) - In Wisconsin, we are soon to reach 25,000 positive COVID-19 test results, over 3,200 hospitalizations, and close to 750 deaths attributed to COVID-19, the disease caused by the coronavirus. It is being recognized that the coronavirus pandemic has had a devastating impact on the elderly, particularly those in nursing homes and other long-term care facilities.
- [Estate Planning for Family Farms: What to do with the Land](https://www.ruderware.com/2689/) - While most businesses use real estate, unique planning issues arise for family-farm owners because of the importance of real estate to the farm and family. There are several reasons for that. Family farms are not as mobile as other businesses. Family-farm owners usually have strong emotional attachments to the land. They treat the land they
- [Did You Know That?](https://www.ruderware.com/3611/) - There are many legal rules covering farms – rules that producers might not be aware of. A farm building may not be covered by standard insurance. Farm buildings are exempt from the state building code. And many standard insurance policies exclude coverage for buildings not built to a certain code. Consider the example of a
- [The Wisconsin Homestead Exemption](https://www.ruderware.com/the-wisconsin-homestead-exemption/) - Farmers may have wondered how a neighbor or someone else filing bankruptcy can keep his or her house. The answer is exemptions. Exemptions are assets that can be kept from unsecured creditors. The Wisconsin Legislature didn’t want debtors on the street with no assets so it created exemptions. The Wisconsin homestead exemption allows a debtor
- [Sibling Rivalry: Splitting the Farm Between Multiple Children](https://www.ruderware.com/sibling-rivalry-splitting-the-farm-between-multiple-children/) - About 98 percent of U.S. farms are family-owned, according to the U.S. Department of Agriculture. So most farm owners are not surprised that an important part of farm succession planning is balancing the expectations of and promises to their children. In drafting a farm succession plan, the farm owner will be asked to make the
- [Will Parents’ Long-Term Care Costs Sink the Farm?](https://www.ruderware.com/will-parents-long-term-care-costs-sink-the-farm/) - Problems can result when parents maintain ownership of a farm but need long-term health-care services from an assisted-living facility or nursing home. Expenses associated with long-term care can jeopardize a farm business if not properly managed ahead of time. There’s a common situation attorneys encounter when helping farm families with farm legal matters. Although parents
- [Tips for Farmers on Long-Term Care Costs](https://www.ruderware.com/tips-for-farmers-on-long-term-care-costs/) - Harry and Sally want to pass their farm operation to their children. Ideally, they would also like to receive some income from the farm. Because Harry and Sally do not have long-term care insurance, they are worried that if they need medical assistance (e.g., Medicaid) to help pay for long-term care such as a nursing
- [Emergency Use Authorization Vaccines – A Caution to Employers](https://www.ruderware.com/emergency-use-authorization-vaccines-a-caution-to-employers/) - Happy New Year! As we move into 2021, we know that many of you are considering whether to require employees to get the COVID-19 vaccination. The current COVID-19 vaccines have received Emergency Use Authorization (“EUA”) from the Food and Drug Administration. The Federal Food, Drug and Cosmetic Act (“FDCA”) governs the conditions of emergency use
- [Treasury and Small Business Administration Make $50,000 and Under PPP Loans Easy to Forgive](https://www.ruderware.com/treasury-and-small-business-administration-make-50000-and-under-ppp-loans-easy-to-forgive/) - Today by Interim Rule the Treasury Department and Small Business Administration jointly made it much easier for some Paycheck Protection Program (“PPP”) loan borrowers to get forgiveness for their loans. If the PPP loan amount is $50,000 or less, the borrower can get full forgiveness to the extent that the loan proceeds were used for
- [Employers Must Saddle Up: Organized Labor Has a New Trojan Horse](https://www.ruderware.com/employers-must-saddle-up-organized-labor-has-a-new-trojan-horse/) - This past month, the federal Occupational Safety and Health Administration (OSHA) caught the employer community off guard with an unexpected, union-friendly pronouncement, one that provides labor unions free reign to infiltrate non-union workplaces. On April 5, 2013, OSHA publicly announced [through a letter of interpretation/Standard Interpretation to the United Steelworkers Union dated February 21, 2013,
- [EEOC Says Employers CANNOT Require Antibody Testing!](https://www.ruderware.com/eeoc-says-employers-cannot-require-antibody-testing/) - On June 17, the EEOC updated its COVID-19 Guidance to clarify that unlike COVID-19 testing, an anti-body test would be a prohibited medical examination. The FAQ (at A.7) states as follows: Question: The CDC said in its Interim Guidelines that antibody test results “should not be used to make decisions about returning persons to the workplace.” In
- [Significant Changes to Medical Collection Debt Reporting: How Might it Affect Business?](https://www.ruderware.com/significant-changes-to-medical-collection-debt-reporting-how-might-it-affect-business/) - In March of this year, the three major nationwide credit reporting agencies (Equifax, Experian, and TransUnion) announced there would be substantial changes to medical collection debt reporting coming this summer in an effort to help consumers faced with unexpected medical bills. The changes will remove nearly 70% of medical collection debt tradelines from consumer credit
- [Reminder—the OSHA ETS is Effective Now!](https://www.ruderware.com/reminder-the-osha-ets-is-effective-now/) - As you all know, last Friday the Supreme Court heard oral arguments regarding whether the OSHA ETS vaccine mandate should be upheld. The Court has not yet issued a ruling on this issue. As of January 10, large employers need to be in compliance with all ETS requirements. If an employer can show it is
- [To Mask or Not to Mask? For Employers That is the Question!](https://www.ruderware.com/to-mask-or-not-to-mask-for-employers-that-is-the-question/) - Unless you have been in a cave, you are aware that on May 13, 2021, the Centers for Disease Control and Prevention (CDC) announced that individuals who have been fully vaccinated for COVID-19 no longer need to wear a face covering in many settings. Many of you shouted “HOORAY!” when you heard this news as
- [Breaking News! OSHA Issues COVID Vaccination/Testing ETS for Large Employers](https://www.ruderware.com/breaking-news-osha-issues-covid-vaccination-testing-ets-for-large-employers/) - OSHA’s Emergency Temporary Standard (ETS) is here! The ETS and related guidance can be found on its website. By December 5, 2021, employers must implement a vaccine policy in compliance with the ETS (choices are a hard mandate or a soft mandate) and advise employees as to whether or not testing will be an alternative
- [Federal Appeals Court Halts OSHA ETS!   What does this Mean for Employers?](https://www.ruderware.com/federal-appeals-court-halts-osha-ets-what-does-this-mean-for-employers/) - On November 6, 2021, the Fifth Circuit Court of Appeals temporarily halted OSHA's latest ETS by issuing an order staying the ETS until the court can conduct a full review. BST Holdings v. OSHA (5th Cir 11/06/2021). The order states: Before the court is the petitioners' emergency motion to stay enforcement of the Occupational Safety
- [Changes to I-9 Forms - Make Sure You Are In Compliance!](https://www.ruderware.com/changes-to-i9-forms-make-sure-you-are-in-compliance/) - The New Form: On July 21, 2023 the U.S. Citizenship and Immigration Services (USCIS) announced a new Form I-9. The new Form I-9 became available for employers to use on August 1, 2023. The old Form I-9 can continue to be used through October 31, 2023, but all employers must be using the new Form
- [OSHA MANDATE BACK ON - Shot or Test by February 9th!](https://www.ruderware.com/osha-mandate-back-on-shot-or-test-by-february-9th/) - This week I was talking to Bob, a local HR professional (you know who you are), and he asked, “So Sara, what are the chances we are going to get a ruling on this OSHA mandate before the holidays?” to which I replied, “Highly unlikely…I would be shocked if anything happens before the holidays—but I
- [Breaking News! Supreme Court Accepts Vaccine Mandate Cases](https://www.ruderware.com/breaking-news-supreme-court-accepts-vaccine-mandate-cases/) - The Supreme Court has announced that it will hear oral arguments on both the OSHA ETS vaccine mandate and the CMS vaccine mandate on January 7, 2022. On December 17, 2021, we shared with you that the Fifth Circuit limited the scope of the injunction related to the CMS Mandate, which meant that 26 states
- [Breaking News—New Standard for Religious Accommodation Claims!](https://www.ruderware.com/breaking-news-new-standard-for-religious-accommodation-claims/) - It just became very easy for an employee to sue their employer for failure to accommodate religious beliefs. Today, in its Groff v. DeJoy opinion, the United States Supreme Court unanimously held that an employer must make such an accommodation unless it would result in substantial increased costs in relation to the conduct of its
- [OSHA Gives Holiday Gift—ETS FAQs Updated!!](https://www.ruderware.com/osha-gives-holiday-gift-ets-faqs-updated/) - One quick e-alert before you are off for some holiday cheer! OSHA just added new FAQs to its ETS webpage. We do not have time to go into detail as our elves are leaving for the day—however, please review new questions in Section 6 regarding testing. The link can be found here. Have a safe
- [OSHA ETS Halted Again!](https://www.ruderware.com/osha-ets-halted-again/) - Today the Supreme Court ordered that OSHA’s ETS be placed back on hold (a/k/a “stay”) and sent back to the 6th Circuit Court of Appeals. In its order, the Court‘s majority noted the ETS may have gone too far because it required employers to remedy a “public health” concern: The Solicitor General does not dispute
- [Know Event, Tourism Rules](https://www.ruderware.com/know-event-tourism-rules/) - Just as things were returning to normal after this past year, a resurgence of COVID-19 cases put a pause on the much-anticipated full return to pre-pandemic life. But Wisconsin shows no signs of reverting to the “stay at home” level of lockdown that we faced in late-spring 2020. With warm weather returning, events will likely
- [IRS Releases Mileage Rates for 2023](https://www.ruderware.com/irs-releases-mileage-rates-for-2023/) - The Internal Revenue Service issued the 2023 optional standard mileage rates today for computing the deductible cost of operating an automobile for business, charitable, medical, or moving purposes. The most notable change is the three-cent per mile increase for businesses. Effective January 1, 2023, the optional standard mileage rates for the use of a car
- [The Supremes Confirm Weekly Fixed Salary is Critical for FLSA Exempt Status!](https://www.ruderware.com/the-supremes-confirm-weekly-fixed-salary-is-critical-for-flsa-exempt-status/) - Last week in Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court affirmed employees must be paid a fixed salary of $684.00 per week to be considered “exempt” under the popular administrative, executive, and professional exemptions. The case involved Michael Hewitt, an oil rig worker who was paid a daily rate. His paycheck, issued
- [FTC’s Non-Compete Proposal: FAQ](https://www.ruderware.com/ftcs-non-compete-proposal-faq/) - Dear Ruder, we are getting lots of long emails from various sources about this proposed noncompete ban. Can you please break this down in easy-to-read language so we don’t have to review the entire 216 pages of the FTC’s proposed rule? Dear Reader, Yes we can! See our answers to some frequently asked questions below!
- [Reminder:  New Voluntary Self-Referral Disclosure Effective June 1](https://www.ruderware.com/reminder-new-voluntary-self-referral-disclosure-effective-june-1/) - As discussed in a previous blog, beginning on June 1, 2017, health care providers of services and suppliers wanting to voluntarily disclose actual or potential violations of the Stark Law must follow a new process finalized by CMS. Previously, health care providers and suppliers were able to submit a self-disclosure of an actual or potential
- [In re Hitz Restaurant Group: Coronavirus Shutdown Order Excuses Tenant’s Rent](https://www.ruderware.com/in-re-hitz-restaurant-group-coronavirus-shutdown-order-excuses-tenants-rent/) - Back in mid-March (which seems much longer than three months ago!), many governors issued stay-at-home orders, silencing the bustle of everyday activity. Restaurants and bars locked their doors, schools moved online, and weekend traffic on Wisconsin’s interstate highways decreased 60%. It was the equivalent, Paul Krugman wrote at the time, of a “medically induced coma,
- [Beware Too-Simple Forms](https://www.ruderware.com/online-document-forms-dont-always-do-the-job/) - All one needs is a simple financial power of attorney ... think again. Wendell knew he needed a financial power of attorney document in order to ensure he named someone to manage his finances and take care of his farm if he was ever unable to do so on his own. But Wendell was busy
- [Resolving Business Disputes](https://www.ruderware.com/resolving-business-disputes/) - In a perfect world, business owners could spend all of their time and money focusing on a singular task: running their business. Despite the best laid plans, however, at some point ancillary concerns will arise and require—at least to some extent—that a business divert its resources to address and correct an issue. One area of
- [Attorney Aric Burch Receives Certification In Elder Law](https://www.ruderware.com/attorney-aric-burch-receives-certification-in-elder-law/) - The National Elder Law Foundation recently certified Attorney Aric Burch as a Certified Elder Law Attorney (CELA) – one of twelve in the state of Wisconsin. The only certification program approved by the American Bar Association for elder law, the program was developed to identify lawyers who have the enhanced knowledge, skills, and experience to
- [Finally! The Department of Labor Issues FFCRA Regulations](https://www.ruderware.com/finally-the-department-of-labor-issues-ffcra-regulations/) - Today the DOL released detailed regulations with answers to nearly every question we have had over the past two weeks regarding this law. While we are still reviewing these regulations, there are two important details that had so far NOT been answered before now: First, the DOL specifically states that the paid leave under category
- [Vaccination Clinics Near You!](https://www.ruderware.com/marathon-county-vaccination-clinic-coming-april-6/) - Marathon County Governor Tony Evers and the Wisconsin Department of Health Services (DHS) announced on March 25, 2021 that a community-based vaccination clinic will open in Marathon County on April 6, 2021. The clinic will be open Tuesday, April 6, through Saturday, April 10, from 11 a.m. – 7p.m., and will be located at the
- [Wisconsin DHS Prohibits Maneuvers and Techniques in Community Based Programs](https://www.ruderware.com/wisconsin-dhs-prohibits-maneuvers-and-techniques-in-community-based-programs/) - The Wisconsin Department of Health Services (DHS) released a memo specifying maneuvers or techniques that may not be used at any time in community based programs and facilities. DHS deems the prohibited maneuvers or techniques to "present an inherently high risk of serious injury and even death." Providers are directed by DHS to immediately discontinue
- [BREAKING NEWS-CDC Now Recommends Masking Indoors for Certain Areas of Country and DOJ Clears Way for Employers to Mandate the Vaccine](https://www.ruderware.com/breaking-news-cdc-now-recommends-masking-indoors-for-certain-areas-of-country-and-doj-clears-way-for-employers-to-mandate-the-vaccine/) - Yesterday the CDC issued new guidance recommending Americans to “wear a mask indoors in public if you are in an area of substantial or high transmission.” The site includes a link so individuals can search their particular county to find out if transmission is low, moderate, substantial, or high. As of the date of this
- [Guidance on Nondiscrimination in Telehealth Released by the Departments of Justice and Health and Human Services](https://www.ruderware.com/guidance-on-nondiscrimination-in-telehealth-released-by-the-departments-of-justice-and-health-and-human-services/) - On July 29, 2022, the U.S. Department of Justice (DOJ) and the Department of Health and Human Services (HHS) jointly released “Guidance on Nondiscrimination in Telehealth: Federal Protections to Ensure Accessibility to People with Disabilities and Limited English Proficient Persons” (Telehealth Guidance). The complete Telehealth Guidance can be accessed on the HHS Website. The Telehealth
- [LLCs: The Next Generation Under Wisconsin Law](https://www.ruderware.com/llcs-the-next-generation-under-wisconsin-law/) - Under new Wisconsin laws coming into effect soon, some important rules governing how limited liability companies (LLCs) operate will change. This article will describe some of the key changes, what LLC owners need to be thinking about, and some approaching deadlines for those wishing to be governed under the “old” rules. The New LLC Law
- [New Guidance on COVID-19 Quarantine Duration](https://www.ruderware.com/new-guidance-on-covid-19-quarantine-duration/) - On December 2, the CDC updated its guidance for quarantining after exposure to COVID-19. The CDC still recommends a 14-day quarantine as the safest option, however, it has provided two acceptable alternatives to shorten the quarantine period depending on local circumstances and resources. Quarantine can end after 10 days without testing if no symptoms have
- [FTC Announces Vote to Publish Proposed Rules that Would Ban All Noncompete Provisions Restricting Workers](https://www.ruderware.com/ftc-announces-vote-to-publish-proposed-rules-that-would-ban-all-noncompete-provisions-restricting-workers/) - The Federal Trade Commission (FTC) started the new year off with a bang when it announced in a press release on January 5, 2023 that it is proposing a new rule that would ban many employee non-compete clauses. The press release follows a 3-1 vote by the FTC to publish a notice of proposed rulemaking
- [OIG Identifies Seven Telehealth Fraud Indicators in Recent Program Integrity Brief](https://www.ruderware.com/oig-identifies-seven-telehealth-fraud-indicators-in-recent-program-integrity-brief/) - In a September 2022 brief concerning program integrity, the Health and Human Services Office of Inspector General (OIG) identified seven measures to identify providers who may present a high risk for improper Medicare telehealth billing. These seven factors should serve as a guide to providers and their compliance officers when identifying potential fraud risk in
- [DOJ’s Monaco Memorandum Refocuses on Individual Accountability, Prompt Self-Disclosure, and Clear Guidelines to Prosecutors](https://www.ruderware.com/dojs-monaco-memorandum-refocuses-on-individual-accountability-prompt-self-disclosure-and-clear-guidelines-to-prosecutors/) - In September 2022, the United States Department of Justice (DOJ) released a memorandum from Deputy Attorney General Lisa Monaco that included significant changes to the way the DOJ handles corporate criminal enforcement. The (Monaco Memorandum) built upon and expanded the DOJ’s manner of handling so-called “white collar” crimes and provides guidelines for federal prosecutors across
- [Favorable Opinion Issued in Free Smartphone Distribution by Federally Qualified Health Clinic](https://www.ruderware.com/favorable-opinion-issued-in-free-smartphone-distribution-by-federally-qualified-health-clinic/) - Although it is unclear if the arrangement would be endorsed after the end of the COVID-19 pandemic, the Office of Inspector General (OIG) has issued a favorable opinion to a Federally Qualified Health Clinic (FQHC) planning to loan free smartphones to patients to facilitate telehealth services with providers at the FQHC. The Advisory Opinion was
- [CMS Proposes Changes to Direct Supervision Rules of Counselors and Other Behavioral Health Providers](https://www.ruderware.com/cms-proposes-changes-to-direct-supervision-rules-of-counselors-and-other-behavioral-health-providers/) - The Centers for Medicare & Medicaid Services (CMS) issued its 2023 Physician Fee Schedule Proposed Rule seeking public comment on various policy changes impacting payment and process under Medicare Part B. The proposed rules were published on July 7, 2022. A large part of the focus of the proposed rule changes involves the expansion of
- [Special Fraud Alert on Telemedicine Company Arrangements Issued by OIG](https://www.ruderware.com/special-fraud-alert-on-telemedicine-company-arrangements-issued-by-oig/) - The Office of Inspector General (“OIG”) has issued a Special Fraud Alert covering potential fraudulent arrangements involving companies providing telemedicine services. This Special Fraud Alert comes at a time telehealth is seeing a great deal of expansion on the heels of the COVID pandemic. In the Special Fraud Alert, the OIG focuses on fraud schemes
- [Compliance Officer Challenges and Frustrations Getting Board and Management Commitment to Compliance Culture](https://www.ruderware.com/compliance-officer-challenges-and-frustrations-getting-board-and-management-commitment-to-compliance-culture/) - One of the biggest challenges a compliance officer faces is establishing a strong commitment to creating a culture of compliance and obtaining recognition–there needs to be a compliance “tone from the top” of an organization. There are numerous potential challenges to getting buy-in for this concept. This can create frustration for compliance officers aware of
- [Could Cookies and Other Tracking on Websites Violate HIPAA – HHS Warns Covered Entities About Tracking on Websites and Use of Vendors to Develop Them](https://www.ruderware.com/could-cookies-and-other-tracking-on-websites-violate-hipaa-hhs-warns-covered-entities-about-tracking-on-websites-and-use-of-vendors-to-develop-them/) - Earlier this month, the United States Department of Health and Human Services’ Office of Civil Rights (“OCR”), the organization that has jurisdiction over enforcement of the Health Insurance Portability and Accountability Act of 1996 (the Federal law that we all know and love under the name HIPAA), released a bulletin (Bulletin) addressing the use of
- [Wausau and Other Wisconsin Taxpayers Beware of Tax Jail Scam](https://www.ruderware.com/wausau-and-other-wisconsin-taxpayers-beware-of-tax-jail-scam/) - I received a telephone call from a prospective client yesterday. Let s call her Suzie. Suzie called me asking for guidance on how to handle a phone call she received from the IRS. The caller stated on Suzie s voicemail that Suzie had 2 hours to return the call and resolve her tax issues or
- [Revisit Your Choice of Entity—Is Pass-Through Taxation Right For You?](https://www.ruderware.com/revisit-your-choice-of-entity-is-pass-through-taxation-right-for-you/) - Did you pay more tax on the income generated by your business or investments in 2013 than in years past? With the 2013 tax year in the books, we are getting our first look at the impacts of the American Taxpayer Relief Act of 2012 and the 3.8% net investment income tax enacted by the
- [You’ve Been Sued . . . Now What??](https://www.ruderware.com/youve-been-sued-now-what/) - A man walks into a farmer’s barn and hands him papers. The farmer discovers he has been served with a lawsuit. Reactions typically vary from panic to choosing to ignore what has been received. Both are poor choices. There are instead logical steps to take. Start saving all documents that have anything to do with
- [CDC Issues Vaccine Toolkit for Employers!](https://www.ruderware.com/cdc-issues-vaccine-toolkit-for-employers/) - Today the CDC issued its “COVID-19 Vaccine Communication Toolkit for Essential Workers: Getting Started”, which includes posters, FAQs, and templates to use when communicating with your workforce about the vaccine. In addition, the Wisconsin Department of Health Services' webpage on the vaccine has a great deal of information specific to our state. As always, as you
- [Supreme Court Hands Employers Victory: Court Adopts Narrow Definition of "Supervisor" in Sex Harassment Cases](https://www.ruderware.com/supreme-court-hands-employers-victory-court-adopts-narrow-definition-of-supervisor-in-sex-harassment-cases/) - Yesterday, the Supreme Court of the United States issued its long-awaited opinion in the Vance v. Ball State case. The Court established the proper definition of "supervisor" under Title VII of the Civil Rights Act of 1964 (which governs, among other things, sexual harassment under federal law). The Court espoused the Seventh Circuit approach (the
- [Employee Requests for Accommodations for Non-Traditional Religious Observances - Practice What You "PREACH"](https://www.ruderware.com/employee-requests-for-accommodations-for-non-traditional-religious-observances-practice-what-you-preach/) - Most employers are at least remotely familiar with the requirement under Title VII of the Civil Rights Act of 1964 to provide reasonable accommodations in response to employee requests to participate in religious observances or practices, if doing so does not cause demonstrable (not hypothetical or speculative) undue hardship to the employer's business operations. Recently,
- [Mom's Bucket List Request Leads to Lawsuit - Seventh Circuit Declares Daughter's Care of Dying Mother During Trip to Vegas is FMLA Protected](https://www.ruderware.com/moms-bucket-list-request-leads-to-lawsuit-seventh-circuit-declares-daughters-care-of-dying-mother-during-trip-to-vegas-is-fmla-protected/) - Recently, the federal Court of Appeals for the Seventh Circuit (which covers Wisconsin), clarified that the FMLA applies when an employee requests leave so that she or he can provide physical and psychological care to a terminally ill parent while that parent is traveling away from home. In doing so, the Court disagreed with other
- [2023 Qualified Plan Cost of Living Increases, 2023 Social Security Taxable Wage Base](https://www.ruderware.com/2023-qualified-plan-cost-of-living-increases-2023-social-security-taxable-wage-base/) - On October 21, 2022 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. All of the limits shown below have increased (in some cases significantly) from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2022 - $20,500 2023 - $22,500 $200,000 compensation limit
- [Employers Beware:  IRS Cautions Employers Against Engaging Third Party Employee Retention Credit Consultants](https://www.ruderware.com/employers-beware-irs-cautions-employers-against-engaging-third-party-employee-retention-credit-consultants/) - Recently, we have been fielding a fair number of inquiries from clients who have been approached by third parties urging them to claim the Employee Retention Credit (“ERC”). The ERC, which the federal government enacted back in 2020 to help blunt the economic impact of COVID-19, is a refundable tax credit designed to reward businesses
- [New EEO Poster Required!](https://www.ruderware.com/new-eeo-poster-required/) - Today the Equal Employment Opportunity Commission released a new poster that is required for employers covered by Title VII. The new poster is entitled “Know Your Rights” and includes these changes: Notes that harassment is a prohibited form of discrimination; Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or
- [Will FinTech Replace Bank Branches?](https://www.ruderware.com/will-fintech-replace-bank-branches/) - The automated teller machine revolutionized banking by allowing a depositor to withdrawal money anytime, anyplace without the need of a single bank employee. FinTech and the increased depositor adoption of banking mobile apps may do the same thing to entire bank branches. A recent survey by the American Bankers Association (ABA) has found that more
- [Dairy Breakfasts, Farm Tours and Other Events--How to Limit Your Liability When Hosting an Event on the Farm](https://www.ruderware.com/dairy-breakfasts-farm-tours-and-other-events-how-to-limit-your-liability-when-hosting-an-event-on-the-farm/) - Hosting an event is a great way to build community morale, gain exposure for the host and possibly even make a little money. Farms can make excellent venues for hosting all types of events. The farmer hosting an event should make it his or her goal that each event-goer is having too good of a
- [Governor to Issue "Safer at Home" Order](https://www.ruderware.com/governor-to-issue-safer-at-home-order/) - This morning Governor Evers released a statement notifying citizens that he will be issuing a “safer at home”. The impact of this order for individuals and businesses will depend on the wording of the order which is expected to be released tomorrow (Tuesday, March 24th). The governor’s initial statement indicates that the order will, similar to
- [Wisconsin is Well Banked](https://www.ruderware.com/wisconsin-is-well-banked/) - On October 20, 2016, the FDIC released a report on the use of the traditional banking system in the United States. According to the report, in 2015, less than 4 percent of Wisconsin households were “unbanked” while nationally the average fell to 7 percent, the lowest percentage on record. An “unbanked” household is one that
- [To Arbitrate or Not Arbitrate? House Weighs In on CFPB Arbitration Rule](https://www.ruderware.com/to-arbitrate-or-not-arbitrate-house-weighs-in-on-cfpb-arbitration-rule/) - Yesterday, the U.S. House of Representatives overwhelmingly passed House Joint Resolution 111 which would rescind the Consumer Financial Protection Bureau’s “Arbitration Rule”. Finalized on July 17, 2017, the Arbitration Rule places significant limitations on financial institutions’ ability to designate arbitration as the dispute resolution mechanism in its contracts with depositors and borrowers; additionally, the Rule
- [Estate Planning for Young Farmers](https://www.ruderware.com/estate-planning-for-young-farmers/) - Estate planning isn’t just for the elderly. Young farmers can also benefit from taking a quick look at their own estate and succession plans. It is not uncommon for the estate and succession planning process to focus on the older generation, as they may be the individuals that have the most assets to plan for,
- [Make Sure Overtime is Calculated Correctly](https://www.ruderware.com/make-sure-overtime-is-calculated-correctly/) - The Fair Labor Standards Act provides an employee should receive compensation for overtime hours at a rate “not less than one and one-half times the regular rate at which he is employed.” 29 U.S.C. § 207(a)(1). This is a well-known principle by employers and employees alike. However, “regular rate” is not the same as the
- [Step-By-Step Overview of Probate](https://www.ruderware.com/step-by-step-overview-of-probate/) - "Probate” is a legal term for the Court process of transferring assets out of a deceased person’s name and to that person’s heirs and/or beneficiaries. The difference between the term “heir” and the term “beneficiary” is that an heir is someone who is entitled to receive the assets of a deceased person who died without
- [Protecting Your Inheritance](https://www.ruderware.com/protecting-your-inheritance/) - So you’ve received an inheritance and you’re married. The person who left you the inheritance probably intended for it to benefit you, not your spouse, if you get divorced. How do you protect the inheritance? Wisconsin law provides limited protection. Under Wisconsin’s Marital Property Act, which governs the classification of assets during marriage and on
- [Minnesota Latest State to Legalize THC Products](https://www.ruderware.com/minnesota-latest-state-to-legalize-thc-products/) - Do you have employees in the Viking state? If so, keep reading! On July 1, 2022, Minnesota adopted a new law legalizing the sale, purchase, and consumption of edible cannabinoid products to people aged 21 and over. The law legalized the use of edible cannabinoid products made from substances extracted from certified hemp plants. The
- [Carefully Consider Carbon Credit Contracts](https://www.ruderware.com/carefully-consider-carbon-credit-contracts/) - Carbon credits have been a hot topic around the country as a potential opportunity for extra farm revenue. However, like any contract, farmers should carefully consider the terms of a carbon credit sale before signing an agreement. There are several terms that could trip up the unwary signer. What is a “carbon credit?” A carbon
- [Are You Keeping an Eye on Your Form I-9?!](https://www.ruderware.com/are-you-keeping-an-eye-on-your-form-i-9/) - Recently, we have been fielding calls from clients regarding “remote” Form I-9 verification. The current rule is that employers can ONLY verify I-9 forms remotely for employees who are remote due to COVID -19. For the curious, read our FAQ below: 1. What was the rule pre-COVID? The Department of Homeland Security (DHS) has ALWAYS
- [Pain at the Pump:  IRS Announces Mid-Year Adjustment of Business and Medical Mileage Rates](https://www.ruderware.com/pain-at-the-pump-irs-announces-mid-year-adjustment-of-business-and-medical-mileage-rates/) - Due to the increase in the cost of gasoline since establishing the 2022 rates last year, the Internal Revenue Service is increasing mid-year the optional standard mileage rates for computing the deductible cost of operating an automobile for business, medical, and moving expenses. Effective July 1, 2022, the optional standard mileage rates will be 62.5
- [2023 HSA Limits Are Announced](https://www.ruderware.com/2023-hsa-limits-are-announced/) - On April 29, 2022, the IRS announced the Health Savings Account limits for 2023. With respect to contribution limits, the limits are higher than the ones for 2022 and the required deductible and out-of-pocket maximums have increased as well. As a reminder, these inflation adjusted amounts are effective for calendar year 2023 HSA/HDHP Requirement Cost-of-Living
- [You Developed a New Invention - How Do You Determine if it is Patentable?](https://www.ruderware.com/you-developed-a-new-invention-how-do-you-determine-if-it-is-patentable/) - An invention developed by a business or individual inventor may have great value to that business or individual, either through the commercialization of the invention or by licensing the invention to others in return for a license fee. That value is greater if the invention can be patented, which prevents competitors from manufacturing or selling
- [Wisconsin Offers New Safe Harbor for Old Access Rights](https://www.ruderware.com/wisconsin-offers-new-safe-harbor-for-old-access-rights/) - Over the past several years, many commentators, including members of this firm, have written extensively about the potential loss of recorded easement (or similar) rights due to the passage of time and lack of public notice. Recently, the alarm was raised because of specific provisions within the Wisconsin Statutes that were read to deem easements
- [Current Status of Federal Estate and Gift Tax Proposals](https://www.ruderware.com/current-status-of-federal-estate-and-gift-tax-proposals/) - You likely are aware, from the news and our prior communications, that Congress currently is considering proposals that may have a significant impact on many estate plans. Although we still cannot be certain which, if any, of the proposed changes will become law, we want to provide you with an overview of their potential effect
- [Agency Alert!  DOL Announces New FMLA Forms and WI DWD Provides Unemployment Credit Instructions](https://www.ruderware.com/dol-announces-new-fmla-forms/) - Last week, the Department of Labor announced new Family Medical Leave Act forms were available on its website. (Note these forms are not applicable to the “Expanded FMLA” available under the Family First Coronavirus Response Act. Please don’t tell me you have no idea what I am talking about... ) The Department clarified, as with
- [Department of Labor Posts ARPA COBRA Subsidy Notices; Dedicated Web Page](https://www.ruderware.com/department-of-labor-posts-arpa-cobra-subsidy-notices-dedicated-web-page/) - Today the Employee Benefits Security Administration (EBSA), the section of the Department of Labor that handles all things employee benefit plans, posted a dedicated webpage with much anticipated (and much needed) employer tools on the “COBRA subsidy” provision of the American Rescue Plan Act of 2021 (“ARPA”), which was enacted on March 11, 2021. The
- [Marital Property Agreements:  They're Not Just for Kanye West and Kim Kardashian](https://www.ruderware.com/marital-property-agreements-theyre-not-just-for-kanye-west-and-kim-kardashian/) - Spring officially begins on March 20th – less than one month away. In Wisconsin, that means wedding planning is in full swing. One important item on many wedding planning to-do lists is a pre-nuptial agreement. We hear a lot about “pre-nups” in pop culture. One of the most iconic pop culture references is in the
- [Protecting the Farm:  Employment Considerations](https://www.ruderware.com/protecting-the-farm-employment-considerations/) - “Protecting the Farm” is a common phrase associated with succession planning but employment considerations are just as important in protecting an agribusiness. Employment considerations include how to protect confidential information and skilled farm employees. At-Will Employment Wisconsin is an “at-will” employment state. That means both the employee and the employer are free to terminate the
- [Our Green Bay Office has Moved - New Downtown Address](https://www.ruderware.com/green-bay-office-moves-remains-downtown/) - Our Green Bay office is now located at 130 N Adams St in downtown Green Bay. Please update your records to reflect the new address.
- [WI DHS Recommends 14-day Quarantine for Wisconsin Residents returning from CA, WA and NY](https://www.ruderware.com/wi-dhs-recommends-14-day-quarantine-for-wisconsin-residents-returning-from-ca-wa-and-ny/) - On March 12, 2019, our Department of Health Services issued a “Recommendations on Domestic and International Travel” memo. In that memo the DHS specifically recommends that individuals who return to WI from states with “sustained community transmission” should be under self-quarantine for 14- days. Attached is a copy of this memo. Currently those states are
- [Insurance Claims:  When in Doubt, Report](https://www.ruderware.com/insurance-claims-when-in-doubt-report/) - Any prudent business obtains some level of insurance. Those periodic payments buy the peace of mind that insurance will step in when needed. In the event of certain unforeseen property damage, injuries or other losses, insurance provides the funds and legal support necessary for a business to avoid catastrophe. At least that’s how it should
- [The Problem of Lender "Inquiry Notice" Status](https://www.ruderware.com/the-problem-of-lender-inquiry-notice-status/) - If a lender is fully secured, can it just ignore suspicions of borrower misconduct? The danger is that a lender could lose its collateral under these circumstances and be treated as an unsecured creditor. This is exactly what happened to a lender that failed to inquire further about collateral pledged by a borrower that was
- [Using Prenuptial Agreements to Protect the Family Farm](https://www.ruderware.com/using-prenuptial-agreements-to-protect-the-family-farm/) - The family farm is a special asset. The family may have worked hard through decades, maybe even generations, to accumulate and develop the farm’s land, equipment and livestock. The children may be grown and successors to farming operations. The older generation may be worried what would happen to the farm if a child were to
- [When Being a Good Neighbor Can Expose You to Liability](https://www.ruderware.com/when-being-a-good-neighbor-can-expose-you-to-liability/) - In Wisconsin, we have a strong tradition of landowners opening up their land to snowmobile clubs, hunters, trappers, cross-country skiers, and other members of the public. While giving visitors the chance to enjoy the outdoors is a great thing owners can do for their neighbors, it does come with risk. What if a snowmobiler crashes
- [OSHA Ban on Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing Programs Delayed](https://www.ruderware.com/osha-ban-on-incident-based-safety-incentive-and-routine-mandatory-post-incident-drug-testing-programs-delayed/) - The date for implementation of OSHA’s ban on two programs – Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing – has been set back from August 10, 2016, to November 1, 2016, as a result of motion practice in a legal challenge. The ban on these programs are part of a new regulation. The
- [Wisconsin Employers: Have You Had Your Non-Compete Agreements Reviewed Recently?  Recent Court Case Invalidates Non-Solicitation Under WI law!](https://www.ruderware.com/wisconsin-employers-have-you-had-your-non-compete-agreements-reviewed-recently-recent-court-case-invalidates-non-solicitation-under-wi-law/) - What WI employers need to know: Wisconsin employers must immediately revise their non-compete agreements so as to comply with this recent decision. Contact Mary Ellen Schill or Sara Ackermann of the Ruder Ware team to assist you!! The Wisconsin Supreme Court has ruled that an employee non-solicitation agreement is unenforceable if it unreasonably restricts the
- [New Stark Law Regulations May Impact Many Physician Practices](https://www.ruderware.com/new-stark-law-regulations-may-impact-many-physician-practices/) - In my experience, most physician groups rely on the “in-office ancillary service” exception to the Stark Law when determining how to allocate revenues from designated health services among group members. The Stark Law is, of course, the primary applicable area of law that is relevant to the structure of productivity compensation issues within medical groups. 
- [CMS Mandate—Back for Some But Not All](https://www.ruderware.com/cms-mandate-back-for-some-but-not-all/) - CMS Mandate: At the beginning of December we informed you that a Federal Court in Louisiana issued a nationwide stay on enforcement of the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandate. During the stay period, CMS instructed its state survey teams suspend efforts related to monitoring compliance with the vaccine mandate. On
- [Increase in Gasoline Prices Means Increase in Optional Standard Mileage Rates for 2022](https://www.ruderware.com/increase-in-gasoline-prices-means-increase-in-optional-standard-mileage-rates-for-2022/) - 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 2022, and the increased rates reflect the increase in the fixed and variable costs of operating a vehicle, primarily due to increased gas prices. Effective January 1, 2022,
- [Pros and Cons of Using the No-Contest Clause](https://www.ruderware.com/pros-and-cons-of-using-the-no-contest-clause/) - Drafting an estate plan allows a person to put into writing their wishes for division of assets upon death. Sometimes this means making a choice to give more to one child over the other, or to completely write out natural heirs of law. An uncle whose nephew is like a son to him may bypass
- [Nationwide Halt to Vaccine Mandate for Federal Contractors](https://www.ruderware.com/nationwide-halt-to-vaccine-mandate-for-federal-contractors/) - On Tuesday, December 7, a federal court in Georgia issued an order staying the vaccine mandate for federal contractors (“Mandate”). The Court ordered that the Defendants, which includes President Biden, are ENJOINED, during the pendency of this action or until further order of this Court, from enforcing the vaccine mandate for federal contractors and subcontractors
- [Federal Court Issues Nationwide Injunction Against Enforcement of the CMS Vaccination Mandate](https://www.ruderware.com/federal-court-issues-nationwide-injunction-against-enforcement-of-the-cms-vaccination-mandate/) - A couple of weeks ago we alerted you regarding the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. Reports have emerged today that an injunction has been placed upon this CMS requirement nationwide which takes place immediately. This is the second Federal Court injunction that has been issued enjoining immediate enforcement of the
- [We Received a PPP Loan—Now What?](https://www.ruderware.com/we-received-a-ppp-loan-now-what/) - With a second round of Paycheck Protection Program (“PPP”) funding coming available last week, a large percentage of small businesses either have already received (or will soon receive) the proceeds of a PPP loan. At only one percent interest over two years, PPP loans present a great opportunity, but, obviously, businesses are most interested in
- [SBA Clarifies That Businesses With Adequate Sources of Liquidity May Not Qualify For PPP Loans](https://www.ruderware.com/sba-clarifies-that-businesses-with-adequate-sources-of-liquidity-may-not-qualify-for-ppp-loans/) - The Department of Treasury released updated Protection Program FAQs. These updated FAQs continue to raise more questions and concerns from PPP borrowers and provide little clarity on SBA expectations and forgiveness. Published on April 28th, FAQ #37 responds to the question “Do businesses owned by private companies with adequate sources of liquidity to support the
- [Treasury Provides Small PPP Forgiveness Clarification Regarding Laid Off Employees](https://www.ruderware.com/treasury-provides-small-ppp-forgiveness-clarification-regarding-laid-off-employees/) - Over the weekend, the Department of Treasury issued an update to their PPP FAQs. Question #40 clarifies that an employer’s forgiveness amount under PPP will not be impacted if the employer attempts to rehire a previously laid off employee and the employee refuses the offer to be rehired. The offer from the employer must be
- [New PPP FAQ -- Good Faith Certification of Economic Uncertainty](https://www.ruderware.com/new-ppp-faq-good-faith-certification-of-economic-uncertainty/) - The US Department of Treasury released FAQ #46 this morning providing guidance on “how will SBA review borrowers’ required good-faith certification concerning the necessity of their loan request.” Any borrower, together with its affiliates, that received PPP loans with an original amount of less than $2 million will be deemed to have made the required
- [Wisconsin Supreme Court Strikes Down Extension of “Safer at Home” Order](https://www.ruderware.com/news-alert-wisconwisconsin-supreme-court-strikes-down-extension-of-safer-at-home-ordersin-supreme-court-strikes-down-gov-tony-evers-stay-at-home-order-that-closed-businesses-and/) - The Wisconsin Supreme Court has ruled that Governor Tony Evers' administration overstepped its authority when it extended the governor's “Safer at Home” order until May 26. The original “Safer at Home” order went into effect on March 25 and was initially expected to expire on April 24, but the governor’s administration extended the order until
- [PPP Safe Harbor Repayment Date Extended (Again) to May 18th](https://www.ruderware.com/ppp-safe-harbor-repayment-date-extended-again-to-may-18th/) - On May 5th, the U.S. Department of the Treasury (Treasury) extended the PPP loan repayment safe harbor from May 7th to May 14th. In FAQ #47 the Treasury just announced it has extended the deadline once again—this time to May 18th. This extension is intended to give borrowers additional time to consider the SBA’s repayment
- [Paycheck Protection Program Could Get Some Welcome Changes](https://www.ruderware.com/paycheck-protection-program-could-get-some-welcome-changes/) - As some Paycheck Protection Program loan borrowers approach the close of their eight week covered period (the period during which loan proceeds can be used for certain expenses and the corresponding loan amount can be forgiven), Congress is considering making significant changes to the program that would apply to existing loans and new PPP loans.
- [Favorable Changes to PPP Passed by House and Senate](https://www.ruderware.com/favorable-changes-to-ppp-passed-by-house-and-senate/) - Both the House and the Senate have now passed HR 7010 providing PPP borrowers more favorable terms. We first alerted you on May 27th of possible changes to PPP being considered by both the House and the Senate. Last night in a second vote (the first vote failed), the Senate passed the House Bill 7010,
- [Trump Signs Favorable PPP Changes Into Law](https://www.ruderware.com/trump-signs-favorable-ppp-changes-into-law/) - A few moments ago President Trump signed HR Bill 7010 into law, which we summarized for you in an alert yesterday. Click here to review that alert. We also need to clarify that all of the revised and amended PPP terms apply to all existing and new PPP loans with the exception of the new
- [SBA Issues Updated Paycheck Protection Program Loan Forgiveness Application and Issues New “EZ” Application Form](https://www.ruderware.com/sba-issues-updated-paycheck-protection-program-loan-forgiveness-application-and-issues-new-ez-application-form/) - On June 16 the SBA issued a revised Paycheck Protection Program (PPP) Loan Forgiveness Application along with updated instructions. The update in large part reflects the changes made to PPP by the Paycheck Protection Program Flexibility Act of 2020, enacted on June 5. The new form can be found here, and the new instructions can
- [SBA and Treasury Release Revisions to Interim Final Rules on Loan Forgiveness and Loan Review Procedures](https://www.ruderware.com/sba-and-treasury-release-revisions-to-interim-final-rules-on-loan-forgiveness-and-loan-review-procedures/) - On Tuesday evening (June 22nd), the Small Business Administration (SBA) and Department of the Treasury released revisions to the interim final rule on forgiveness (issued May 22nd) and the interim final rule on loan review procedures (issued May 22nd). The revisions can be found here and are intended to update the rules in light of
- [SBA Issues Guidance on Navigating Paycheck Protection Program Loans in M&A Transactions](https://www.ruderware.com/sba-issues-guidance-on-navigating-paycheck-protection-program-loans-in-ma-transactions/) - After several months of uncertainty, businesses are carefully resuming merger and acquisition transactions. Many (if not most) small businesses took advantage of the Paycheck Protection Program (PPP), but, as forgiveness is still pending, they are forced to navigate the treatment of these loans in the sale or acquisition process. The SBA issued a procedural notice
- [What is the Gift Tax and How Does it Work?](https://www.ruderware.com/what-is-the-gift-tax-and-how-does-it-work/) - Last week, I provided a brief overview of the gift tax in a vlog. You can view the vlog here. In this blog post, I’ll expand on basic gift tax concepts, just in time to make your holiday gifts. What is the gift tax? Basically, the gift tax is a tax imposed on the gratuitous
- [CMS Issues Interim Final Rules with Comment Period Mandating Vaccination of Staff of CMS Regulated Providers/Suppliers](https://www.ruderware.com/cms-issues-interim-final-rules-with-comment-period-mandating-vaccination-of-staff-of-cms-regulated-providers-suppliers/) - On November 4, 2021, the Centers for Medicare & Medicaid Services (“CMS”) issued Interim Final Rules requiring many of its regulated providers and suppliers to require staff and employees to meet COVID-19 vaccination requirements. CMS chose to mandate vaccination by revising Conditions of Participations, requirements that providers and suppliers must meet to maintain certification to
- [2022 Qualified Plan Cost of Living Increases, 2022 Social Security Taxable Wage Base](https://www.ruderware.com/2022-qualified-plan-cost-of-living-increases-2022-social-security-taxable-wage-base/) - On November 4, 2021 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. The vast majority of the limits shown below have increased from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2021 - $19,500 2022 - $20,500 $200,000 compensation limit 2021 -
- [Obesity is a Disability?](https://www.ruderware.com/obesity-is-a-disability/) - A number of activities over the past several months have suggested that obesity is on its way to being considered a disability and therefore protected under federal discrimination laws and possibly the Wisconsin Fair Employment Act. No decision has been made holding that obesity is a disability under Wisconsin law, but several things at the
- [HIPAA and COVID-19 - OCR Publishes Online Guidance on the Application of HIPAA](https://www.ruderware.com/hipaa-and-covid-19-ocr-publishes-online-guidance-on-the-application-of-hipaa/) - The Office of Civil Rights (“OCR”), which is the federal agency that enforces the health care privacy rules under the Health Insurance Portability and Accountability Act (“HIPAA”), recently published guidance covering various health care privacy issues relating to COVID-19. The recently published guidance addresses a variety of HIPAA issues including whether a business or individual
- [Can Overpayments Create Criminal Liability?](https://www.ruderware.com/can-overpayments-create-criminal-liability/) - We hear a lot about potential liability under the False Claims Act (FCA) for the failure to repay overpayments within 60 days of discovery. Focus on the 60-day rule has taken focus away from the potential for criminal charges for retaining known overpayments. Section 1128B(a)(3) of the Social Security Act (42 U.S.C. § 1320a-7b(a)(3)) makes
- [OSHA Updates Guidance on COVID-19 in the Workplace – Masking and Vaccines](https://www.ruderware.com/osha-updates-guidance-on-covid-19-in-the-workplace-masking-and-vaccines/) - On August 13, 2021, OSHA updated Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (Guidance) related to the COVID-19 vaccine and masking. The Guidance now incorporates the new CDC recommendations including: Wearing a mask in public indoor settings in areas of substantial or high transmission; Choosing to wear a
- [OSHA Inspections - Back to the Basics](https://www.ruderware.com/osha-inspections-back-to-the-basics/) - After many months of mostly virtual enforcement, OSHA is back to in-person site inspections and OSHA enforcement has become a priority for the Administration. As such, businesses should be aware of rights they have and how to best respond when OSHA comes knocking OSHA Just Showed Up, What Can I Do? With some exceptions, OSHA’s
- [Add “Powers of Attorney” to Your College Student’s Back-to-School Checklist](https://www.ruderware.com/add-powers-of-attorney-to-your-college-students-back-to-school-checklist/) - If you’re preparing to send a child off to college this fall, you should add two documents to your back-to-school checklist: (1) a power of attorney for health care, and (2) a durable power of attorney for finances. Without these two documents, you may not have the authority to make health care decisions or manage
- [OSHA Responds to CDC’s Updated Mask Guidance – No Changes to the ETS… Yet](https://www.ruderware.com/osha-responds-to-cdcs-updated-mask-guidance-no-changes-to-the-ets-yet/) - OSHA issued a COVID-19 Emergency Temporary Standard (ETS) on June 10, 2021 that applied to the healthcare sector. Included in the ETS is an exemption from the masking, distancing, and barrier requirements for employees who are fully vaccinated when in a well-defined area where there is no reasonable expectation that any person with suspected or
- [Will Employee Handbooks Need To Be Changed Again?](https://www.ruderware.com/will-employee-handbooks-need-to-be-changed-again/) - The newly-appointed General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, has issued a memorandum to NLRB regional offices saying that she intends to “reexamine” positions taken by her predecessors and the Trump Era Board. During the Trump Administration, the NLRB overruled a number of legal precedents while taking a more employer-friendly stance.
- [Fox Searchlight Decision Brings Risks of Using Unpaid Interns Out of the Dark](https://www.ruderware.com/fox-searchlight-decision-brings-risks-of-using-unpaid-interns-out-of-the-dark/) - Recently, a federal court in New York concluded that a group of workers (production workers who worked on production of the film Black Swan) classified as "unpaid interns" by a motion picture distribution company should have been classified as employees for purposes of federal wage and overtime laws. The case is Glatt v. Fox Searchlight
- [NLRB's New Top Attorney Threatens to Overturn Employer-Friendly E-Mail Decision](https://www.ruderware.com/nlrbs-new-top-attorney-threatens-to-overturn-employer-friendly-e-mail-decision/) - Last week, the NLRB's (Board) newly-confirmed top lawyer, Richard Griffin, publicly commented that if given an opportunity (in other words, if the right case came along), he would attempt to overturn the employer-friendly, Bush-Era Board decision upholding an employer's right to prohibit employee use of company e-mail systems for union solicitation (as long as the
- [Wisconsin Court of Appeals Rejects Labor and Industry Review Commission's Worker's Compensation Determination as Unreasonable](https://www.ruderware.com/wisconsin-court-of-appeals-rejects-labor-and-industry-review-commissions-workers-compensation-determination-as-unreasonable/) - Circuit courts and appellate courts commonly apply “great weight deference” to worker’s compensation benefit determinations made by the Labor and Industry Review Commission (“LIRC”), but not this time. In an unpublished opinion issued by the Wisconsin Court of Appeals on June 21, 2016, the appellate court found that LIRC impermissibly read into a statute an
- [New Safe Harbor Permits Some Free Transportation to Patients](https://www.ruderware.com/new-safe-harbor-permits-some-free-transportation-to-patients/) - A new safe harbor was recently issued by the Health and Human Services (HHS) Office of Inspector General (OIG) that permits eligible health care providers to offer free or discounted transportation to established patients. The safe harbor addresses concerns that offering free goods and/or services to patients might be considered payment of illegal “remuneration” in
- [Reassignment to a Vacant Position Under the ADA: Eleventh Circuit Concludes the Best Candidate Gets the Job - But What About Wisconsin?](https://www.ruderware.com/reassignment-to-a-vacant-position-under-the-ada-eleventh-circuit-concludes-the-best-candidate-gets-the-job-but-what-about-wisconsin/) - Earlier this month, the United State's Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph's Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the transfer of a disabled employee into a vacant position without consideration of the qualifications of other candidates competing for the
- [Welcome to our Employment Blog](https://www.ruderware.com/welcome-to-our-employment-blog/) - Ruder Ware 's Employment, Benefits, and Labor Relations Practice Group launched our blog for several reasons. First, the blog is designed to be a platform to promote the dynamic and apropos delivery of value added information between our attorneys and clients. Second, our attorneys are dedicated to being more than just trusted legal advisors to
- [Wisconsin's Department of Health Services Limits Public Gatherings effective October 8th at 8:00 a.m.](https://www.ruderware.com/wi-limits-public-gatherings-effective-oct-8-at-800-a-m/) - Today Wisconsin's Department of Health Services issued Emergency Order No. 3 limiting public gatherings. As written, the Order is effective until November 6. The order limits “public gatherings” to no more than 25% of the total occupancy limits for a room or building established by the local municipality. “Public gathering” means an “indoor event, convening
- [Reopening safely after COVID-19](https://www.ruderware.com/reopening-safely-after-covid-19/) - You are excited to get back to work! However, a few of your employees are not so eager to shed their jammies for pleated pants or steel-toed shoes. Can you force them to return? On the other hand, some employees who are happy to return have asked that you monitor off-duty conduct. You are getting
- [EEOC Issues Long-Awaited LGBTQ+ Guidance for Employers](https://www.ruderware.com/eeoc-issues-long-awaited-lgbtq-guidance-for-employers/) - It was about this time last summer when the U.S. Supreme Court extended Title VII protections to prohibit employment discrimination on the basis of sexual orientation and transgender status. Now the federal agency tasked with enforcing these new protections has clarified just what the new protections mean for employers. The U.S. Equal Employment Opportunity Commission
- [Sara Ackermann Presentation at Mfg First Expo](https://www.ruderware.com/sara-ackermann-presentation-at-mfg-first-expo/) - My practice is dedicated to helping business owners and HR professionals work through some pretty sticky employment issues. Although there is not much I have not seen, employee behavior never ceases to amaze me. With the evolution of marijuana and CBD legalization, it is going to get even more interesting. For the latest information on
- [Plan Ahead to Make Summer Memories at the Family Cabin Last Forever](https://www.ruderware.com/plan-ahead-to-make-summer-memories-at-the-family-cabin-last-forever/) - Summertime is a special time of year in Wisconsin. It brings many families to cabins where they create memories and traditions that will be cherished forever. However, many problems arise if families do not create a plan for the future ownership and management of the family cabin. The cabin may be subject to the claims
- [Employers Don’t Have to Record Adverse Vaccine Reactions on Their OSHA Logs](https://www.ruderware.com/employers-dont-have-to-record-adverse-vaccine-reactions-on-their-osha-logs/) - OSHA has changed course and is now advising employers they do not need to record employees’ adverse reactions to COVID-19 vaccines on their OSHA logs. A month ago, OSHA’s position was adverse vaccine reactions had to be recorded as illnesses if an employer required its employees to be vaccinated. The new guidance now relieves employers
- [The Affordable Care Act Survives Another (and Perhaps Final?) Constitutional Challenge](https://www.ruderware.com/the-affordable-care-act-survives-another-and-perhaps-final-constitutional-challenge/) - The U.S. Supreme Court declined to strike down the Affordable Care Act once again today, the third unsuccessful constitutional challenge to the far-reaching health care law since it was enacted in 2010. This time, the seven-justice majority dispatched the claims on purely technical grounds and did not even reach the substantive issues. It was the
- [CMS Releases Key Medicare Figures for 2021](https://www.ruderware.com/cms-releases-key-medicare-figures-for-2021/) - The Centers for Medicare and Medicaid Services (“CMS”) recently released key Medicare figures for 2021 that will affect all elderly and disabled individuals who receive program benefits. This notice summarizes the changes and their impact on various benefits. As is normally the case, Medicare deductibles and premiums have increased for 2021. Many deductibles and co-pays
- [OSHA’s COVID-19 Standard …. Finally! New Emergency Temporary Standard Limited to Healthcare Sector](https://www.ruderware.com/oshas-covid-19-standard-finally-new-emergency-temporary-standard-limited-to-healthcare-sector/) - On Thursday, June 10, 2021, OSHA finally issued its long-delayed COVID-19 Emergency Temporary Standard (“ETS”) which is effective immediately. However, it applies only to the healthcare sector. Applicable employers must comply with most provisions within 14 days and with the remaining provisions within 30 days. The full guidance can be found here. Who Does it
- [EEOC Issues NEW FAQs Regarding Returning To Work Post-COVID](https://www.ruderware.com/eeoc-issues-new-faqs-regarding-returning-to-work-post-covid/) - Previously we reported on the EEOC’s post entitled “ What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws." Today, the EEOC added valuable guidance for those employers gearing up to return employees to the workplace. Ironically, we have recently been addressing these same questions from many clients, so
- [Breaking News - EEOC Updates its COVID-19 Vaccination Guidelines](https://www.ruderware.com/breaking-news-eeoc-updates-its-covid-19-vaccination-guidelines/) - Today the EEOC updated its FAQ at Section K regarding vaccination requirements in the workplace. It also issued guidance for employees and job applicants entitled “Federal Laws Protect You Against Employment Discrimination During the COVID-19 Pandemic.” Main takeaways from the EEOC’s update are as follows: The EEOC confirms that employers can require employees to get
- [Home Health Agency Final Conditions of Participation Revisions Released by CMS](https://www.ruderware.com/home-health-agency-final-conditions-of-participation-revisions-released-by-cms/) - The Center for Medicare and Medicaid Services has issued a final rule that revises and modernizes the Conditions of Participation (COP) for Home Health Agencies. The Final Rule can be found in its entirety at: Final Home Health Rule (CMS-3819-F). The new Rule describes the conditions Home Health Agencies (HHA) must meet in order to
- [Breaking News! OSHA Says Employers Can Refer to CDC Guidance…For Now!](https://www.ruderware.com/breaking-news-osha-says-employers-can-refer-to-cdc-guidancefor-now/) - In follow up to our last post regarding CDC’s mask guidance, note that today OSHA updated its website to state the following: The Centers for Disease Control and Prevention (CDC) has issued new guidance relating to recommended precautions for people who are fully vaccinated, which is applicable to activities outside of healthcare and a few
- [Gatherings On Farms in 2021](https://www.ruderware.com/gatherings-on-farms-in-2021/) - In any normal year, the onset of warm weather causes Wisconsin residents to flock to the outdoors. This year, however, the stream of cars leaving cities should flow stronger than ever, as large sectors of the state’s population has been either outright locked down or significantly restricted in their travel since last spring. Landowners who
- [Unemployment Insurance Notice No Longer Required Upon Separation](https://www.ruderware.com/unemployment-insurance-notice-no-longer-required-upon-separation/) - Last October, we shared information about the emergency rule that created DWD 120.02 which required Wisconsin employers to notify workers of the availability of unemployment insurance upon separation of employment in a post titled Wisconsin Employers Must Notify Workers of Unemployment Insurance Upon Separation. As of March 31, 2021, the emergency rule requiring unemployment insurance
- [Protecting Your Rights: Protecting Works Created by Employees and Independent Contractors](https://www.ruderware.com/protecting-your-rights-protecting-works-created-by-employees-and-independent-contractors/) - Many businesses work hard and invest heavily to develop and protect their intellectual property rights, including trade secrets and proprietary processes, designs, and know-how. However, special rules apply in determining ownership of these intellectual property rights when the work product is created by employees and independent contractors or consultants, particularly in a technical or creative
- [It Looks Like a Mandatory COVID-19 Standard Will be Coming, and OSHA Clarifies Recording Adverse Vaccine Reactions](https://www.ruderware.com/it-looks-like-a-mandatory-covid-19-standard-will-be-coming-and-osha-clarifies-recording-adverse-vaccine-reactions/) - There are two new developments on the OSHA COVID-19 front to report. First, yesterday, OSHA sent a draft of a new, mandatory, temporary emergency standard on COVID-19 to the Office of Management and Budget (OMB) for review. Up to now, OSHA has not had a mandatory standard in place to deal with the coronavirus, relying
- [IRS Releases Publication on RMDs for Inherited Retirement Benefits (and, of course, creates confusion)](https://www.ruderware.com/irs-releases-publication-on-rmds-for-inherited-retirement-benefits-and-of-course-creates-confusion/) - Ruder Ware’s Trusts & Estates blog has featured several posts (for example, Call to Action: Review Your Estate Plan in Light of the SECURE Act and Why SECURE Act Matters to You) on the SECURE Act, a federal law effective January 1, 2020, that made significant changes to the payout provisions of inherited retirement benefits,
- [2022 HSA Limits Are Announced](https://www.ruderware.com/2022-hsa-limits-are-announced/) - Yesterday, the IRS announced the Health Savings Account limits for 2022. With respect to contribution limits, the limits are slightly higher than the ones for 2021. As a reminder, these inflation adjusted amounts are effective for calendar year 2022. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions - Self-only HDHP 2021 - $3,600 2022 -
- [Carefully Consider Fiduciary Obligations](https://www.ruderware.com/carefully-consider-fiduciary-obligations/) - The sponsorship of a qualified retirement plan can be rewarding but frustrating – there are so many rules. Unfortunately agricultural employers are not given a break when it comes to sponsoring such retirement plans. Examples of qualified retirement plans are 401(k) plans, profit-sharing plans and money-purchase plans. Leaving the tax rules for another day —
- [Easement Holders Beware: Wisconsin Easements Expire Unless Re-recorded Periodically](https://www.ruderware.com/easement-holders-beware-wisconsin-easements-expire-unless-re-recorded-periodically/) - Under a long-standing law in Wisconsin, those parties holding easements will need to re-record their easement rights periodically or their ability to enforce those easements will be lost. Even easements that are “perpetual” by their written terms will expire if they are not re-recorded within the prescribed statutory period. The Wisconsin Court of Appeals has
- [Why SECURE Act Matters to You](https://www.ruderware.com/why-secure-act-matters-to-you/) - The SECURE Act, a federal law enacted on December 20, 2019, made significant changes to how retirement assets, including 401(k) plans and other IRA’s, are treated both during our lives and for our beneficiaries after death. This article will briefly summarize the aspects of the Act that likely matter most to you. During Your Life
- [Adult Guardianship 101](https://www.ruderware.com/adult-guardianship-101/) - Our team here at Ruder Ware has focused previous blogs and other educational materials on ways to avoid adult guardianship (see Related Articles section at the end of my post); however, there may be some instances where guardianship is unavoidable. Earlier this month, I attempted to simplify the guardianship process in my vlog. This blog
- [Rescue Plan Resuscitates FFCRA Tax Credits!](https://www.ruderware.com/rescue-plan-resuscitates-ffcra-tax-credits/) - Just when we thought the Families First Coronavirus Response Act was about to disappear into HR history, we have another extension (to the tax credits for voluntarily providing qualifying leave)! Here is what you need to know: The American Rescue Plan extension (“Extension”) applies to both the Emergency Family and Medical Leave Expansion Act (EFMLEA)
- [Subleasing Poses Up-Front Risks to Landlord and Tenant](https://www.ruderware.com/subleasing-poses-up-front-risks-to-landlord-and-tenant/) - Even though the increase in vaccinations and other public health initiatives have resulted in a dramatic reduction in new COVID-19 cases hinting at a possible “return to normal,” recent industry publications are starting to report on an anticipated long-term result in what was once thought to be only a short-term trend for commercial leasing: the
- [Proposed Gift and Estate Tax Changes Mean Some May Need to Act Now](https://www.ruderware.com/proposed-gift-and-estate-tax-changes-mean-some-may-need-to-act-now/) - In the United States Congress, there is an arduous journey before a bill becomes law. See the classic School House Rock! video, "I'm Just a Bill." But there is a common theme running through some gift and estate tax bills that have been introduced in Congress this year. That is: an appropriate way to raise
- [Overcome Barriers to Farm Succession Success](https://www.ruderware.com/overcome-barriers-to-farm-succession-success/) - Sustaining a farm business over generations is something to be celebrated, but at the same time can be an enormous challenge. Besides the positive economic impact to the local community, there is also a public benefit from land held in farms that would otherwise be fragmented among a multitude of other owners. Studies have shown
- [Choose the Right Business Entity](https://www.ruderware.com/choose-the-right-business-entity/) - Are you using the right business entity for your farm or other agribusiness? I have worked with too many clients who have paid additional tax dollars or have been unable to achieve their succession planning goals due to their entity structure. Learn from their mistakes. Selecting and using the right entity is essential to a
- [OSHA Citing for COVID-19 Infractions in the Workplace](https://www.ruderware.com/osha-citing-for-covid-19-infractions-in-the-workplace/) - As Autumn began to descend upon us, the Occupational Safety and Health Administration (OSHA) demonstrated that it will indeed use the General Duty Clause (GDC) to cite employers for health and safety conditions related to COVID-19. This is a good time to revisit employers’ obligations under the GDC and how a lack of compliance can
- [Don’t Get Fenced In](https://www.ruderware.com/dont-get-fenced-in/) - No matter how much credence the old saying “good fences make good neighbors” may hold, Chapter 90 of the Wisconsin Statutes exists to prescribe general rules regarding fences in agricultural areas of Wisconsin. These laws lay out when a fence is required, what a legal fence is, who is responsible for the fence and how
- [Federal Court Applies Worker’s Compensation Exclusive Remedy to Asbestos Secondary Exposure Lawsuit](https://www.ruderware.com/federal-court-applies-workers-compensation-exclusive-remedy-to-asbestos-secondary-exposure-lawsuit/) - Plaintiffs in asbestos personal injury and wrongful death lawsuits often attempt to circumvent the exclusive remedy of worker’s compensation. The federal district court for the Western District of Wisconsin has recently applied Wisconsin’s exclusive remedy provision to dismiss a Wisconsin employer from an asbestos lawsuit brought by an employee. The case is Boyer v. Weyerhauser
- [Interagency Guidance on Accounting and Reporting Implications of Tax Cuts & Jobs Act](https://www.ruderware.com/interagency-guidance-on-accounting-and-reporting-implications-of-tax-cuts-jobs-act/) - On January 18, 2018, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency released guidance on the accounting implications of the Tax Cuts & Jobs Act (the “Act”) signed into law on December 22, 2017. The guidance provides information on the
- [House Passes Farm Workforce Bill](https://www.ruderware.com/house-passes-farm-workforce-bill/) - On Wednesday, the House of Representatives passed the Farm Workforce Modernization Act, easing immigration for agricultural workers. The bill would give "blue cards" to agricultural workers who have worked at least 180 days on farms over the past two years. They would become eligible for five-year renewable visas that would require working at least 100
- [Correction to FFCRA E-Alert from April 1](https://www.ruderware.com/correction-to-ffcra-e-alert-from-april-1/) - Yesterday we issued an ealert (found here) that advised you the Department of Labor finally issued its detailed regulations for the FFCRA. Upon closer review, we have found the DOL expanded the definition of “Child Care Provider” for both the Emergency Paid Sick leave and the Expanded FMLA to include “family member or friend, who
- [Hiring the Right Person for the Job Can be Challenging for Farmers Who Have Little Experience in Human Resources](https://www.ruderware.com/hiring-the-right-person-for-the-job-can-be-challenging-for-farmers-who-have-little-experience-in-human-resources/) - Successful hiring is extremely important, especially in farming where a small group of people are doing complicated stressful work in an outdoor setting. Though not a comprehensive guide to hiring great employees, there are some key steps farmers can follow when hiring an employee. Define the Job – Hiring the right employee starts with understanding the
- [Wisconsin COVID-19 Immunity Statute Passed!](https://www.ruderware.com/wisconsin-covid-19-immunity-statute-passed/) - On February 25, 2021, Governor Tony Evers signed 2021 Wisconsin Act 4 (“Act”). The Act became effective on February 26, 2021. The Act, in part, created broad immunity to civil liability related to exposure of COVID-19 for companies under Wisconsin Statute section 895.476 (“Statute”). The full Act is available here. Worker’s compensation is still the
- [Is Your Company Ready?  California Consumer Privacy Act Now Being Enforced](https://www.ruderware.com/is-your-company-ready-california-consumer-privacy-act-now-being-enforced/) - Starting last month, the California Attorney General began enforcing the California Consumer Privacy Act (“CCPA”). Although the CCPA went into effect January 1, 2020, it provided a six-month grace period to allow companies to comply. Under the CCPA, California residents, even if temporarily out of the state, are granted substantial data-privacy rights and extensive control
- [Working Remotely and Safely](https://www.ruderware.com/working-remotely-and-safely/) - With Governor Evers’ Safer at Home Order #12 starting today, March 25, 2020, at 8:00 AM and continuing until 8:00 AM on Friday, April 24, 2020, unless rescinded or modified, more Wisconsin residents than ever will be “working from home” or “working remotely.” Remote working arrangements should be effective to slow the community spread of
- [Attorney Matthew D. Rowe to  Succeed Stewart L. Etten as President](https://www.ruderware.com/attorney-matthew-d-rowe-to-stewart-l-etten-as-president/) - Ruder Ware announced today that, consistent with the firm’s succession planning efforts over the past several years, Stewart L. Etten will be stepping down as president of the firm effective April 1, 2021. Mr. Etten will continue as a full-time attorney and shareholder of the firm, with his practice focused on business transactional matters, including
- [Farm Succession Planning: Build Your Succession Planning Team](https://www.ruderware.com/farm-succession-planning-build-your-succession-planning-team/) - Farmers know there’s going to come a day when they’re no longer around to run their farms – and they know they should have plans in place for when that day comes. But farmers often delay planning because it forces them to think about difficult topics and make difficult decisions. The first step to beginning
- [What is the Estate Tax and How Does it Work?](https://www.ruderware.com/what-is-the-estate-tax-and-how-does-it-work/) - Earlier this month, I provided a very brief overview of the estate tax in a vlog. You can view the vlog here. In this blog post, I’ll expand on estate tax basics. What is the estate tax? At its foundation, the estate tax is a tax imposed on the transfer of property upon death. It
- [The Wisconsin Mask Mandate Renewed!](https://www.ruderware.com/the-wisconsin-mask-mandate-renewed/) - On Thursday, February 4, 2021, the Wisconsin State Assembly (“Assembly”) voted on a resolution to repeal the mask mandate. This vote came a week after the Wisconsin State Senate (“Senate”) voted on the same resolution to repeal the mask mandate. The same statute that gives the Governor power to create executive orders, also allows the
- [OSHA Issues “Stronger” Guidance on COVID-19 in the Workplace](https://www.ruderware.com/osha-issues-stronger-guidance-on-covid-19-in-the-workplace/) - The Occupational Safety and Health Administration (OSHA) has issued a new, “stronger” Guidance on identifying and preventing coronavirus exposure risks in the workplace. Although this is labeled a “Guidance” and OSHA says that it is advisory, employers are cautioned that they can be at risk for standard OSHA penalties under the General Duty Clause if
- [Wisconsin Medicaid Divisor Update](https://www.ruderware.com/wisconsin-medicaid-divisor-update/) - UPDATE: Our July 28, 2020, post informed you that the Wisconsin Medicaid divisor would remain unchanged in 2020. As we enter 2021, the Medicaid divisor will now be changed as follows. These changes are effective as of January 1, 2021. New daily average divisor = $303.38 New monthly average divisor = $9,227.81 If you have
- [Lower Gasoline Prices Means Decrease in Optional Standard Mileage Rates for 2021 Wage Base](https://www.ruderware.com/lower-gasoline-prices-means-decrease-in-optional-standard-mileage-rates-for-2021-wage-base/) - 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 2021, and the decrease in rates reflect the decrease in the fixed and variable costs of operating a vehicle. Effective January 1, 2021, the optional standard mileage rates
- [Paycheck Protection Program Loan Borrowers Will Find Deductions Under the Tree This Holiday Season](https://www.ruderware.com/paycheck-protection-program-loan-borrowers-will-find-deductions-under-the-tree-this-holiday-season/) - On the evening of December 21, 2020 the House and Senate passed the Consolidated Appropriations Act, 2021 (the “Act”), a 5,593 page bill that funds the federal government for the next fiscal year and provides long anticipated COVID-19 pandemic relief to individuals and businesses. President Trump is expected to sign the legislation shortly. It is
- [FFCRA Not Mandated in 2021, But Optional!](https://www.ruderware.com/ffcra-not-mandated-in-2021-but-optional/) - On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021, which President Trump is expected to sign. The Act does not extend the Family First Coronavirus Response Act (“FFCRA”). The FFCRA mandated leave is still set to expire on December 31, 2020. In 2021, covered employers (less than 500 employees) can choose to continue
- [Estate Planning in the Time of COVID-19](https://www.ruderware.com/estate-planning-in-the-time-of-covid-19/) - In the midst of the global COVID-19 pandemic, many people are stocking up on food and other supplies to get them through prolonged periods of quarantine and government-ordered shutdowns. Schools are closed and in some locations, businesses are also closing doors to visitors. Yet people are concerned about planning for a potential incapacity or even
- [COVID-19 Breaking News:  House Passed Bill With Paid Sick Leave Provisions - We are Watching Senate to See What Happens Next!](https://www.ruderware.com/covid-19-breaking-news-house-passed-bill-with-paid-sick-leave-provisions-we-are-watching-senate-to-see-what-happens-next/) - Late Friday, the House passed the Families First Coronavirus Response Act ("FFCRA") which provides COVID-19 relief to Americans in several areas. This alert will focus only on the two provisions regarding paid leave for employees. The Senate is expected to review the bill this week and President Trump has indicated he will sign it. If
- [Breaking News - Updated PPP Application](https://www.ruderware.com/breaking-news-updated-ppp-application/) - An updated PPP application has been released and it is our understanding that this updated application is the ONLY application that will be accepted by lending institutions. The updated form can be accessed here. The PPP loan is also FIRST COME, FIRST SERVE so submit your applications as soon as possible beginning today, April 3rd, 2020. We
- [The EEOC Updates its Guidance on Dealing With COVID-19 in the Workplace](https://www.ruderware.com/the-eeoc-updates-its-guidance-on-dealing-with-covid-19-in-the-workplace/) - The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance document, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC Laws”, last updated on March 18, 2020. This was the subject of one of our previous alerts: Some of what the EEOC clarifies was already known or generally
- [Stark Law COVID-19 Waivers Extended to the Anti-Kickback Statute](https://www.ruderware.com/stark-law-covid-19-waivers-extended-to-the-anti-kickback-statute/) - The Centers for Medicare & Medicaid Services (CMS) issued Blanket Waivers of certain requirements of the Physician Self-Referral Law (Stark Law). The purpose for the Blanket Waivers is to provide the flexibility providers need in the face of the COVID-19 pandemic. As long as the financial relationship pertains to at least one COVID-19 purpose, the
- [OSHA Will Again Require Employers to Record COVID-19 Illness Cases](https://www.ruderware.com/osha-will-again-require-employers-to-record-covid-19-illness-cases/) - The Occupational Safety and Health Administration (OSHA) announced yesterday that it will resume enforcing its illness reporting requirements with regard to COVID-19 cases for most employers. The new guidance may be found here. This is a reversal of the relaxation that OSHA announced six weeks ago that it was putting a hold on most COVID-19
- [Refundable Tax Credits Under The Families First Coronavirus Response Act](https://www.ruderware.com/refundable-tax-credits-under-the-families-first-coronavirus-response-act/) - The Families First Coronavirus Response Act (H.R. 6201) (the “FFCRA”) (signed into law on March 18) and generally effective April 2, 2020 provides refundable tax credits for employers to offset the costs associated with the paid public health emergency leave (provided under an amendment to the federal Family and Medical Leave law) and paid sick
- [OSHA Puts a Hold on Most COVID-19 Illness Reporting](https://www.ruderware.com/osha-puts-a-hold-on-most-covid-19-illness-reporting/) - Until further notice, the Occupational Safety and Health Administration (OSHA) will not be enforcing its illness reporting requirements with regard to COVID-19 cases for most employers. Under OSHA regulations, COVID-19 is a recordable illness if certain criteria are met. See our recent e-alert on this. . However, on April 10, OSHA issued an “enforcement guidance” announcing
- [Treasury Extends Deadline to Pay Income Taxes Due to COVID-19 Concerns](https://www.ruderware.com/treasury-extends-deadline-to-pay-income-taxes-due-to-covid-19-concerns/) - The government has not extended the deadline for federal tax return filing, but Treasury Secretary Steven Mnuchin, speaking at a coronavirus news conference earlier today, said the government is extending the due date by 90 days for federal income tax payments for individuals and businesses. Individuals can defer up to $1 million in federal income
- [Additional COVID-19 Blanket Waivers Released by CMS](https://www.ruderware.com/additional-covid-19-blanket-waivers-released-by-cms/) - As we previously predicted, the Centers for Medicare and Medicaid Services (“CMS”) has continued to issue expansions of the Blanket Waivers applicable during the COVID-19 pandemic. CMS states the reason for issuing these waivers is to give heath care providers the flexibility they require to fulfill their patient care obligations during the pandemic. The PDF
- [Breaking News—Tax Credits Available Now for FFCRA Leave!](https://www.ruderware.com/breaking-news-tax-credits-available-now-for-ffcra-leave/) - Shortly after we issued our guidance on the Families First Coronavirus Response Act (H.R. 6201) (the “FFCRA”) last week Friday, the Department of Labor and the Treasury Department jointly issued IRS Bulletin 2020-57 stating employers can begin taking advantage of the refundable payroll tax credits provided by FFCRA. In previous alerts we had advised you
- [DOL Adds FAQs On School Reopening and FFCRA](https://www.ruderware.com/dol-adds-faqs-on-school-reopening-and-ffcra/) - Today the U.S. Department of Labor’s Wage and Hour Division published responses to three new frequently asked questions for regarding qualifying for paid leave under the Families First Coronavirus Response Act (FFCRA) in relation to the reopening of schools. This list of FAQs has now hit 100 and is a great guide for employers regarding the
- [COVID-19 Update:  Same Song, Second Verse - House Revises Bill!](https://www.ruderware.com/covid-19-update-same-song-second-verse-house-revises-bill/) - Last night, March 16, the House amended versions of a COVID-19 Coronavirus bill we reported on yesterday. Again, this alert will focus only on the two provisions regarding paid leave for employees. The Senate is expected to review the bill and if President Trump signs it, these provisions will be effective in no later than
- [Trump Signs COVID-19 Bill Into Law!](https://www.ruderware.com/trump-signs-covid-19-bill-into-law/) - At about 7:30 p.m. on March 18, President Trump signed a bill into law containing two significant leave provisions that affect nearly every small to mid-sized employer in the country. This law, entitled the Families First Coronavirus Response Act, or H.R. 6201, includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical
- [DOL Issues New FAQ for FFCRA](https://www.ruderware.com/dol-issues-new-faq-for-ffcra/) - Earlier this week we sent you a link to the DOL website with 14 FAQs regarding the Families First Coronavirus Response Act (FFCRA). Those FAQs were not earth-shattering but NOW we have 22 more FAQs with very good insight on several topics, documentation (you CAN require it), and whether the leave is available for employees
- [Wisconsin Emergency Orders Increase Restrictions on Landlords](https://www.ruderware.com/wisconsin-emergency-orders-increase-restrictions-on-landlords/) - Over the past two weeks, Governor Evers has continued, through the Department of Health Services, to issue Emergency Orders related to the COVID-19 health crisis. One area of his focus has been to restrict real estate landlords’ activities. In his now seemingly old Emergency Order #12 (from last week Tuesday, March 20!), that imposed the
- [How Do You Create a Valid Will in Wisconsin?](https://www.ruderware.com/how-do-you-create-a-valid-will-in-wisconsin/) - In our blog post on estate planning in the midst of the global COVID-19 pandemic, Melissa Kampmann and I noted that it isn’t possible to create a valid will in Wisconsin without two witnesses, and it isn’t the best practice to create a will without two witnesses and a notary public. But there’s more to creating
- [Breaking News: IRS Releases FFCRA Tax Guidance](https://www.ruderware.com/breaking-news-irs-releases-ffcra-tax-guidance/) - The Families First Coronavirus Response Act (the “FFCRA”) provides certain eligible employers with refundable tax credits that reimburse those employers for the cost of paying the paid sick and family leave wages as required by FFCRA. After almost two weeks, the IRS has released extensive guidance on the refundable tax credits, including 66 FAQ questions.
- [Landlord Considerations in Uncertain Times](https://www.ruderware.com/landlord-considerations-in-uncertain-times/) - As we enter a new month with the rental landscape changed in dramatic ways by the coronavirus pandemic, landlords will undoubtedly be facing requests from tenants for rent relief. As you proceed to address these requests, some of the lessons from the last economic recession are applicable today. Before you begin discussions, consider obtaining a
- [IRS Extends 60-Day Rollover Deadline](https://www.ruderware.com/irs-extends-60-day-rollover-deadline/) - In our recent blog post, The Early Bird RMD Doesn't Get the Tax Relief Worm, we provided guidance regarding the suspension of required minimum distributions (RMDs) under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). We advised that if you already took your RMD for 2020, the CARES Act may allow you
- [The EEOC Issues Another Update to its Guidance on Dealing With COVID-19 in the Workplace](https://www.ruderware.com/the-eeoc-issues-another-update-to-its-guidance-on-dealing-with-covid-19-in-the-workplace/) - After having just issued an update on April 9, the U.S. Equal Employment Opportunity Commission (EEOC) has now issued another update to its guidance document, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC Laws.” This has been the subject of two of our previous alerts (see The EEOC
- [Waiver Amounts Owed For Telehealth Services During The 2019 Novel Coronavirus (COVID-19) Outbreak](https://www.ruderware.com/waiver-amounts-owed-for-telehealth-services-during-the-2019-novel-coronavirus-covid-19-outbreak/) - The Health and Human Services (HHS) Office of Inspector General (OIG) issued a Policy Statement on March 17, 2020 regarding the waiver of amounts owed by beneficiaries for services provided by telehealth. Recognizing the unique circumstances resulting from the COVID-19 outbreak, the OIG states that it will not subject physicians and other practitioners to OIG
- [Stark Law Blanket Waivers – List of 18 Blanket Waivers](https://www.ruderware.com/stark-law-blanket-waivers-list-of-18-blanket-waivers/) - The following is a list of categories of the Stark Law Blanket Waivers permitting deviations from the provisions of the Stark Law where necessary for a COVID-19 purpose. See Background on CMS Stark Law Waiver. The definition of what constitutes a COVID-19 purpose is relatively broad, but there does need to be a connection that
- [State Suspends Landlords’ Ability to Collect Late Fees and Penalties during Health Crisis](https://www.ruderware.com/state-suspends-landlords-ability-to-collect-late-fees-and-penalties-during-health-crisis/) - Starting April 25, 2020 the State of Wisconsin has temporarily suspended a residential property landlord’s right to charge tenants late or missed rent fees or penalties. The suspension is the result of an emergency rule published by the Wisconsin Department of Agriculture, Trade, and Consumer Protection which generally implements rules covering landlord/tenant relationships. The basis
- [Wisconsin Misconduct Incident Reporting System Now Mandatory for Some Providers](https://www.ruderware.com/wisconsin-misconduct-incident-reporting-system-now-mandatory-for-some-providers/) - Use of the Wisconsin Caregiver Misconduct online reporting portal is mandatory beginning May 1, 2020 for some providers and on June 1, 2020 for others. Most providers will have until June 1, 2020 to be compliant with the mandatory reporting system. Community Based Residential Facilities, Adult Family Homes, and Residential Care Apartment Complexes were required
- [PPP Safe Harbor Repayment Date Extended to May 14th](https://www.ruderware.com/ppp-safe-harbor-repayment-date-extended-to-may-14th/) - In FAQ #43, Treasury announced it has extended the PPP loan repayment safe harbor to May 14, 2020 (from the original May 7, 2020 deadline). This extension is presumably in recognition of the fact that additional guidance is necessary regarding the borrower’s certification that “current economic uncertainty makes this loan request necessary to support the
- [IRS Flexes Its Flexible Spending Account Rules](https://www.ruderware.com/irs-flexes-its-flexible-spending-account-rules/) - The Internal Revenue Service recently issued Notices 2020-29 and 2020-33, which relax some of the rules applicable to cafeteria plans in light of the COVID-19 pandemic. Notice 2020-29 will apply to the vast majority of cafeteria plan sponsors and also applies to dependent care flexible spending accounts and premium payment elections, while Notice 2020-33 is
- [Wisconsin Governor Evers Announces $100 Million Grant Program for Providers](https://www.ruderware.com/wisconsin-governor-evers-announces-100-million-grant-program-for-providers/) - The Evers administration just announced a new grant funding program for long-term care, home and community based services, and emergency medical services. The grant program is funded by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. The funding is intended to help health care providers who are considered to be most at-risk for
- [The Fed Launches its Main Street Lending Program](https://www.ruderware.com/the-fed-launches-its-main-street-lending-program/) - The Federal Reserve’s (Fed) $600 billion Main Street Lending Program recently launched the latest of several market interventions aimed at cushioning some of the economic damage wrought by the coronavirus. The program aims to provide loans to businesses that were doing well prior to the pandemic but are now struggling to fund operations and retain
- [IRS Issues New Guidance for Complying with Paid Sick and Family Leave Reporting Requirements](https://www.ruderware.com/irs-issues-new-guidance-for-complying-with-paid-sick-and-family-leave-reporting-requirements/) - Way back in March, as the pandemic began to set in, Congress quickly passed the Families First Coronavirus Response Act (the Act) as part of a barrage of legislation aimed at providing relief to American workers. The Act requires that companies with fewer than 500 employees offer expanded paid leave—80 hours of paid sick leave
- [Judge’s Order Expands the FFCRA—What Should You Do Now?](https://www.ruderware.com/judges-order-expands-the-ffcra-what-should-you-do-now/) - By now, many of you have heard that last week a federal judge expanded several provisions of the Family First Coronavirus Response Act (FFCRA). We have been postponing our alert on this hoping the Department of Labor would issue some guidance for employers. So far, there has been no word from the DOL. If you
- [Trump Administration Wades into Residential Real Estate Evictions with Moratorium](https://www.ruderware.com/trump-administration-wades-into-residential-real-estate-evictions-with-moratorium/) - On September 1, 2020, the Centers for Disease Control and Prevention released a yet-to-be published Emergency Order (Order) prohibiting residential evictions. The Order will take effect on its legal publication date (expected to be Friday, September 4, 2020) through December 31, 2020. Specifically, the Order prohibits any action by a landlord or similar owner of
- [Governor Evers Issues New COVID-19 Emergency Order Extending Statewide Mask Mandate](https://www.ruderware.com/governor-evers-issues-new-covid-19-emergency-order-extending-statewide-mask-mandate/) - Today, Gov. Evers issued Executive Order #90 declaring a new public health emergency in Wisconsin due to recent surges in COVID-19 cases. He also issued a new face coverings order, Emergency Order #1. While these orders are new, they have no material changes from the mask mandate orders Gov. Evers’ issued on July 30 (check
- [Evers Issues New COVID-19 Order for Wisconsin](https://www.ruderware.com/evers-issues-new-covid-19-order-for-wisconsin/) - Last night, after his primetime address, Governor Evers issued Executive Order #94 which advises residents to stay home and take precautions if they have to leave their home. It also encourages businesses to take additional steps to protect workers, customers, and the surrounding community. While the document is entitled as an “Order” there is no
- [IRS Re-Affirms PPP Expenses are Not Tax Deductible](https://www.ruderware.com/irs-re-affirms-ppp-expenses-are-not-tax-deductible/) - Through the release of a Revenue Ruling and a Revenue Procedure, the IRS re-affirmed its stance that taxpayers may not deduct payments for otherwise deductible business expenses (i.e., payroll, rent, covered utility payments, etc.) if those payments are made using Paycheck Protection Program (PPP) funds and the company “reasonably expects” to have their PPP loan
- [Stimulus Payments: When Should I File My 2020 Taxes?](https://www.ruderware.com/stimulus-payments-when-should-i-file-my-2020-taxes/) - With Congress still negotiating a third round of stimulus payments, you should carefully consider when to file your taxes this tax season. Tax season begins February 12th and ends April 15th. Filing your taxes earlier or later within that time period may determine whether or not you receive the third stimulus payment and how much
- [Isn’t an Online Financial Power of Attorney Form Good Enough?](https://www.ruderware.com/isnt-an-online-financial-power-of-attorney-form-good-enough/) - When people ask me what they can do to make things easier for their loved ones if something happens to them, the first question I ask is if they have power of attorney documents in place. A good financial power of attorney (“POA”) is one of the most important estate planning documents you can have.
- [Who Gets Your Property if You Die Without a Will?](https://www.ruderware.com/who-gets-your-property-if-you-die-without-a-will/) - Some clients decide to hire an attorney to prepare their estate planning documents because they do not like the default laws in Wisconsin about who gets their property if they die without a will. In Wisconsin, if you die without a will, or your will doesn’t give all of your property away, your property will
- [Responding to the Pandemic, IRS Loosens Opportunity Zone Requirements](https://www.ruderware.com/responding-to-the-pandemic-irs-loosens-opportunity-zone-requirements/) - The IRS recently offered relief to Qualified Opportunity Fund investors, waiving a penalty and pushing back some investment deadlines. This new guidance comes as investment in opportunity zones slows, stymied by brisk coronavirus-related headwinds. A recent survey of investors conducted by the Economic Innovation Group, which helped design the program before it was tucked into
- [Breaking News!  EEOC Issues Vaccine Guidance](https://www.ruderware.com/breaking-news-eeoc-issues-vaccine-guidance/) - Today the EEOC updated its guidance surrounding COVID-19 and vaccinations in the publication titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” In its most recent update, the EEOC has added questions and answers to help employers navigate the new COVID-19 vaccine. The questions are added as a new section, Section K. Vaccinations, and include
- [Holiday Giving:  Will My Gifts Have Tax Consequences?](https://www.ruderware.com/holiday-giving-will-my-gifts-have-tax-consequences/) - The holiday season is a time of giving! With Christmas arriving next week, you might be rushing to find last minute gifts for the special people in your life. Have you considered potential tax consequences of those gifts? The annual gift exclusion for 2020 is $15,000. This means that an individual donor may gift $15,000
- [Major Changes Proposed to HIPAA Privacy Rules](https://www.ruderware.com/major-changes-proposed-to-hipaa-privacy-rules/) - Late last week, the United States Department of Health and Human Services (HHS), Office for Civil Rights issued a Notice of Proposed Rulemaking (NPR) to make significant revisions to the Health Insurance Portability and Accountability Act of 1996, commonly known as HIPAA. HIPAA was first enacted in the late 1990s and the health care system
- [What Kinds of Citations has OSHA Been Issuing During the Pandemic?](https://www.ruderware.com/what-kinds-of-citations-has-osha-been-issuing-during-the-pandemic/) - OSHA’s enforcement activity has been accelerating as the number of COVID-19 cases has increased. Now OSHA has issued a guidance designed to give employers an understanding of the most commonly cited violations arising from OSHA COVID-19-related inspections. They are: Not providing a medical evaluation before a worker is fit-tested for or uses a respirator. Not
- [OSHA Issues New Guidance on Respiratory Protection in Long-Term Care Facilities](https://www.ruderware.com/osha-issues-new-guidance-on-respiratory-protection-in-long-term-care-facilities/) - The Occupational Safety and Health Administration (OSHA) has issued a respiratory protection guidance for nursing homes, assisted living, and other long-term care facilities (LTCF) during the COVID-19 pandemic. This guidance recommends that everyone use “source control measures” at all times while in an LTCF, even if the wearer does not have symptoms of the virus.
- [2021 Qualified Plan Cost of Living Increases, 2021 Social Security Taxable Wage Base](https://www.ruderware.com/2021-qualified-plan-cost-of-living-increases-2021-social-security-taxable-wage-base/) - On October 26, 2020 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. Some of the limits shown below have increased from last year while others remained unchanged. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2020 - $19,500 2021 - $19,500 $200,000 compensation limit
- [Wisconsin Face Covering Mandate to Begin August 1st](https://www.ruderware.com/wisconsin-face-covering-mandate-to-begin-august-1st/) - Governor Evers issued Emergency Order #1 on July 30, 2020 implementing a statewide face covering mandate. The face covering requirement will begin on Saturday, August 1, 2020 and will expire September 28, 2020 or by a subsequent superseding emergency order. The Order requires every individual over the age of five in Wisconsin wear a face
- [Social Security Administration Releases Key Figures for 2021](https://www.ruderware.com/social-security-administration-releases-key-figures-for-2021/) - The Social Security Administration (“SSA”) recently released key figures for 2021 that will affect all elderly and disabled individuals who receive program benefits, including social security retirement benefits, social security disability insurance (“SSDI”) income, and supplemental security income (“SSI”). This notice summarizes the changes and their impact on various benefits. Social Security Retirement Recipients of
- [The Latest From OSHA on When Employers Need to Report COVID-19 Cases](https://www.ruderware.com/the-latest-from-osha-on-when-employers-need-to-report-covid-19-cases/) - With ever-increasing cases of COVID-19 affecting Wisconsin and U.S. workplaces, many employers have been left confused as to whether, when, and how they are supposed to report those cases to OSHA. OSHA itself has issued differing guidance since the pandemic began. It has now, however, come out with some new clarification on those questions. As
- [DOL Issues Proposed Rule on IC vs EE!](https://www.ruderware.com/dol-issues-proposed-rule-on-ic-vs-ee/) - Employers need to keep abreast of the ever-changing agency rules regarding whether a worker is an “independent contractor” or an “employee.” You might ask, “why does this matter to the government?” The answer is easy: many government agencies—both state and federal—are designed solely to protect employees. The U.S. Department of Labor (DOL), the Occupational Safety
- [EEOC Answers More COVID Questions!](https://www.ruderware.com/eeoc-answers-more-covid-questions/) - The U.S. Equal Employment Opportunity Commission (EEOC) posted an update to “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” on September 8, 2020. The update modified the Q&As to create a user-friendly comprehensive guide addressing common questions about COVID-19 and federal equal employment opportunity laws for employers.
- [New Guidance Regarding Deferral of Withholding of Employees' Social Security Taxes](https://www.ruderware.com/new-guidance-regarding-payroll-tax-deferral/) - On August 8, 2020, President Donald Trump issued an executive order titled “Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster.” The order directed the Secretary of the Treasury to use its authority to defer the withholding, deposit, and payment of certain payroll tax obligations. On August 28, 2020 the U.S.
- [Will the Nursing Home take my house?](https://www.ruderware.com/will-the-nursing-home-take-my-house/) - When faced with the possibility of paying for nursing home care, many people I meet with are concerned about what will happen to their house. Inevitably, I am asked, “Will the nursing home take my house?” To protect the house, clients want to immediately give it away to their child or children. Although this sounds
- [Is My IRA Safe From the Nursing Home?](https://www.ruderware.com/is-my-ira-safe-from-the-nursing-home/) - After working and saving, clients are concerned that unexpected costs will become unplanned for drains on their Retirement Accounts (e.g, 401(k), IRA, Roth IRA, 403(b), etc.). As the need to pay for nursing home care nears, those concerns grow and questions begin to be asked about whether retirement accounts are safe from the nursing home.
- [My Spouse is in a Nursing Home and Receiving Medicaid Benefits, Is There Anything Else I Need To Do?](https://www.ruderware.com/my-spouse-is-in-a-nursing-home-and-receiving-medicaid-benefits-is-there-anything-else-i-need-to-do/) - Donna’s husband Phil is in a nursing home and receives Medicaid benefits to pay for his care (a.k.a. Medical Assistance or Title-19). Donna wants to make sure Phil’s Medicaid remains in place and is protected, so she wants to know “Is there anything else I need to do?” As the spouse who is not receiving
- [Wisconsin Medicaid Divisor Staying Put.  For Now.](https://www.ruderware.com/wisconsin-medicaid-divisor-staying-put-for-now/) - Every year before July 1st, Wisconsin publishes an updated Medicaid divisor to be in effect starting on July 1st of that year until June 30th of the next year. This year, Wisconsin has not yet updated its Medicaid divisor due to COVID-19 pandemic. At this point in time, there is no official guidance as to
- [Wisconsin Unemployment Insurance Charging Process - UPDATE](https://www.ruderware.com/wisconsin-unemployment-insurance-charging-process-update/) - Wisconsin’s COVID-19 response bill (2019 Wisconsin Act 185) was enacted by the Wisconsin legislature in mid-April. It included provisions to charge unemployment claims caused by the COVID-19 public health emergency to the state’s balancing account, rather than to employers’ accounts, in order to relieve employers from increased unemployment taxes in 2021. This Act was tied
- [Peter, Paul, and Mary Should Make Large Gifts - Now!](https://www.ruderware.com/peter-paul-and-mary-should-make-large-gifts-now/) - Peter, Paul, and Mary have done well for themselves. Each has a nice home, a seasonal residence, and a large IRA. Coincidentally, each also has an additional $11 million worth of real estate, savings, brokerage accounts, and closely-held business interests. We advised Peter, Paul, and Mary that in 2020 each has a federal gift and
- [Minnesota Most Recent to Issue Statewide Mask Order](https://www.ruderware.com/mn-most-recent-to-issue-state-wide-mask-order/) - Beginning on Friday, July, 24, 2020 at 11:59 p.m., face coverings must be worn in Minnesota by all persons at indoor businesses, indoor public settings, and by workers outside when social distancing practices cannot be followed. Businesses are required to update their COVID-19 Preparedness Plans to include this requirement, inform their workers of this update,
- [IRS Provides More Retirement Plan and IRA Relief](https://www.ruderware.com/irs-provides-more-retirement-plan-and-ira-relief/) - Yesterday, the IRS issued additional guidance regarding two hot topics over the last six months: the waiver of the 2020 required minimum distributions (RMDs) from retirement plans and IRAs, and the change in the required beginning date for RMDs from age 70 ½ to age 72. Extension and Expansion of 60-Day Rollover for 2020 RMDs
- [OSHA Issues New Guidance for Reopening “Non-Essential Businesses”](https://www.ruderware.com/osha-issues-new-guidance-for-reopening-non-essential-businesses/) - OSHA has just issued a “Guidance on Returning to Work” for what it calls “non-essential businesses”. According to OSHA’s press release, the Guidance supplements OSHA’s previously issued guidance on preparing workplaces for COVID-19 and the White House “Guidelines for Opening up America Again”. The Guidance recommends a phased approach to reopening workplaces, as well as
- [Supreme Court Rules That Title VII's Prohibition on Sex Discrimination Extends to LGBT Employees](https://www.ruderware.com/supreme-court-rules-that-title-viis-prohibition-on-sex-discrimination-extends-to-lgbt-employees/) - Today the U.S. Supreme Court decided in a 6-3 decision that Title VII provides protection from discrimination on the basis of sexual orientation and gender identity in the workplace. Justice Neil Gorsuch and Chief Justice John Roberts joined the four liberal Justices for the majority. Justice Alito, Justice Thomas, and Justice Kavanaugh dissented in lengthy
- [Monthly Spousal Income Allowance Increased](https://www.ruderware.com/monthly-spousal-income-allowance-increased/) - The Wisconsin Department of Health Services recently announced the “minimum monthly maintenance needs allowance” (“MMMNA”) has been increased from $2,818.34 to $2,873.34 starting July 1, 2020. As part of laws designed to prevent spousal impoverishment due to the high cost of long-term care, the “community spouse” (who is the spouse of an individual receiving long-term
- [I Know What You Did Last Weekend… Should Employers Regulate Off-Duty Conduct?](https://www.ruderware.com/i-know-what-you-did-last-weekend-should-employers-regulate-off-duty-conduct/) - Many of you are reopening (if you were closed) or bringing back staff who were either laid off or teleworking. With this comes MANY questions, such as: CAN we monitor off-duty conduct, and if so, SHOULD we?? If you are a private sector employer, your employees work in Wisconsin, and barring an employment contract or
- [My spouse is on Medicaid, now what?](https://www.ruderware.com/my-spouse-is-on-medicaid-now-what/) - It is common for a client whose spouse is receiving Medicaid to lack adequate estate planning to protect those Medicaid benefits in the event the client dies before their spouse. Yet, after all of the time and energy spent to qualify for Medicaid, it would be awful to see those benefits lost simply because proper
- [Quiet Friday Evening Interrupted by Long Awaited SBA Guidance on PPP Loan Forgiveness](https://www.ruderware.com/quiet-friday-evening-interrupted-by-long-awaited-sba-guidance-on-ppp-loan-forgiveness/) - You’ve been waiting. We’ve been waiting. Another week went by with no meaningful guidance on the forgiveness provisions of the Paycheck Protection Program. What better time to issue it than a beautiful Friday evening! We now have the official Paycheck Protection Program Loan Forgiveness Application, and instructions. Not drafts, but the actual form and instructions
- [2021 HSA Limits Are Announced](https://www.ruderware.com/2021-hsa-limits-are-announced/) - In a bit of a respite from COVID-19, today the IRS announced the Health Savings Account limits for 2021. With respect to contribution limits, the limits are slightly higher than the ones for 2020. As a reminder, these inflation adjusted amounts are effective for calendar year 2021. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions
- [Wisconsin Announces Residential Renter Assistance, But Details are Scarce](https://www.ruderware.com/wisconsin-announces-residential-renter-assistance-but-details-are-scarce/) - Earlier this week, the Wisconsin Department of Administration announced the creation of the Wisconsin Rental Assistance Program. The state has allocated $25 Million to a program to assist residential renters with rent payments and security deposit obligations from the grant the state received under the CARES Act funds issued to all states. To be eligible,
- [IRS Provides Information on Where to Send Deceased Individual's Stimulus Check](https://www.ruderware.com/irs-provides-information-on-where-to-send-deceased-individuals-stimulus-check/) - On the same day we published the article My Deceased Family Member Received a COVID-19 Stimulus Check, Now What? the IRS provided guidance on how to return stimulus payments that were made under the CARES Act to deceased individuals. If your deceased family member or relative received a paper check by mail, you should follow these
- [You Have Been Named as an Agent Under a Wisconsin Power of Attorney:  Now What?](https://www.ruderware.com/you-have-been-named-as-an-agent-under-a-wisconsin-power-of-attorney-now-what/) - Maybe you were informed ahead of time or maybe you found out when you were first called upon to act. In any event, someone (a parent, a sibling, a friend, a neighbor) named you as their agent or attorney-in-fact under a Wisconsin power of attorney for finances.[1] Now what?[2] What Are Your Rights and Responsibilities?
- [My Deceased Family Member Received a COVID-19 Stimulus Check, Now What?](https://www.ruderware.com/my-deceased-family-member-received-a-covid-19-stimulus-check-now-what/) - There has been significant publicity surrounding the issue of deceased individuals receiving stimulus checks under the CARES Act. It is far more common than you may think, simply because of the speed in which our government operated to send out the payments. The stimulus checks were issued to individuals that met certain income requirements and
- [Wisconsin Governor Suspends Some Administrative Rules During the COVID-19 Pandemic](https://www.ruderware.com/wisconsin-governor-suspends-some-administrative-rules-during-the-covid-19-pandemic/) - Tony Evers, Governor of Wisconsin, and Wisconsin Department of Health Services Secretary-designee Andrea Palm have issued another emergency order, Emergency Order #35 (Order #35), directed at suspending certain administrative rules in an attempt to remove unnecessary impediments to the fight against the virus. A major focus of Order #35 is assuring that Medicaid members retain
- [CMS Issues Additional Regulatory Waivers to Facilitate Reopening](https://www.ruderware.com/cms-issues-additional-regulatory-waivers-to-facilitate-reopening/) - The Centers for Medicare & Medicaid Services (CMS) has issued another set of regulatory changes and waivers intended to deliver expanded care to the nation’s seniors, and provide flexibility to the healthcare system during the course of emergence from the Coronavirus pandemic. The new waivers are aimed at some of the most prominent issues to
- [Stark Law Blanket Waivers - What is a COVID-19 Purpose?](https://www.ruderware.com/stark-law-blanket-waivers-what-is-a-covid-19-purpose/) - The Blanket Waivers that the Centers for Medicare and Medicaid Services issued under the Stark Law apply only to financial relationships and referrals that are related to the national emergency that is the COVID-19 outbreak in the United States. Any remuneration described in the Blanket Waivers must be directly between the entity and the physician
- [CARES Act Requires Providers of COVID-19 Testing to Post Test Rates on Their Website](https://www.ruderware.com/cares-act-requires-providers-of-covid-19-testing-to-post-test-rates-on-their-website/) - The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) became law on March 27, 2020. One provision that has not received much coverage is the requirement for providers of COVID-19 diagnostic testing to publish the cash price for the test on their website. The requirement appears to last for the duration of the emergency
- [How the Stark Law Waivers Can Help Combat the Coronavirus](https://www.ruderware.com/how-the-stark-law-waivers-can-help-combat-the-coronavirus/) - The Centers for Medicare & Medicaid Services published at the end of March new blanket waivers under the federal physician self-referral law (commonly known as the Stark Law) in response to the COVID-19 pandemic. The waivers were made retroactive to March 1, 2020 in recognition of the fact that the COVID-19 pandemic likely required some providers
- [Charitable Giving in the Age of COVID-19](https://www.ruderware.com/updated-charitable-giving/) - As many churches in our area celebrated Easter in their parking lots or over video recordings, we cannot help but think what impact the coronavirus is having on not just churches but other local nonprofit organizations in our communities. Loss of jobs or lowered salaries have left many people cutting non-essential expenses, including club memberships
- [BREAKING NEWS – SBA Releases PPP Info](https://www.ruderware.com/breaking-news-sba-releases-ppp-info/) - The SBA released the Interim Final Rule announcing more information on the Paycheck Protection Program. The Interim Final Rule provides some program clarifications, but also provides some program changes. Note, the applicable interest rate is now 1%. There is also more information on how to calculate payroll costs to determine the maximum loan amount including examples.
- [Business Interruption Insurance](https://www.ruderware.com/business-interruption-insurance/) - Businesses often carry insurance to cover losses caused by a variety of events or perils. Restrictions, closures, whether voluntary or not, and policies related to COVID-19 are negatively impacting businesses and affecting bottom lines. As a result, business owners are asking whether they are insured for their losses due to COVID-19 like they might be
- [Financial Institutions Should Be Proactive in Accommodating Borrowers Impacted by COVID-19](https://www.ruderware.com/financial-institutions-should-be-proactive-in-accommodating-borrowers-impacted-by-covid-19/) - The extent to which COVID-19 will cause financial distress, or even financial ruin, to businesses throughout the State of Wisconsin is yet to be determined. We do know, however, that there will be many businesses that struggle to maintain sufficient cash to survive the mandatory shutdowns and the loss of revenue resulting from the pandemic.
- [COVID-19: What Effect Does the Global Pandemic Have on Contract Rights and Obligations](https://www.ruderware.com/covid-19-what-effect-does-the-global-pandemic-have-on-contract-rights-and-obligations/) - We are living in uncertain times as the effects of the COVID-19 virus pandemic and resulting governmental restrictions on economic activity and daily life take hold. Not surprisingly, many businesses are facing key decisions concerning their operations without a reasonable way to assess the impact. As businesses assess how their customer and supplier contracts are
- [OSHA and the EEOC Weigh In on COVID-19 in the Workplace](https://www.ruderware.com/osha-and-the-eeoc-weigh-in-on-covid-19-in-the-workplace/) - Two federal agencies have issued guidance and informational documents on dealing with the COVID-19 virus in the workplace. The Occupational Safety and Health Administration (OSHA) has issued a guide for employers on how to prepare workplaces for dealing with the COVID-19 virus. OSHA discloses at the beginning of the guide that it is (1) advisory
- [As COVID-19 Cases Rise . . . Are Employers Supposed To Record Them As Work-Related Illnesses?](https://www.ruderware.com/as-covid-19-cases-rise-are-employers-supposed-to-record-them-as-work-related-illnesses/) - As the number of COVID-19 cases keeps increasing, it is time to revisit the question of whether employers are supposed to record COVID-19 cases as work-related illnesses under OSHA regulations. OSHA requires that covered employers record COVID-19 cases on their logs if the following criteria are met: The illness has been confirmed by a laboratory
- [Federal Income Tax Filing Deadline Extended to July 15](https://www.ruderware.com/federal-income-tax-filing-deadline-extended-to-july-15/) - Treasury Secretary Steve Mnuchin announced via Twitter that the tax filing deadline for federal income tax returns has been extended by 90 days to July 15, 2020. Earlier this week, the federal government extended the time for individuals and businesses to pay their federal income tax by 90 days, but did not extend the filing
- [2018 IRS Standard Mileage Rates Reflect Rising Fuel Prices](https://www.ruderware.com/2018-irs-standard-mileage-rates-reflect-rising-fuel-prices/) - 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 2018, and the increased rates reflect the increase in gasoline prices. Effective January 1, 2018, the optional standard mileage rates will increase to 54.5 cents per mile for
- [Let’s Start Over – 2018 Health Savings Account Cost of Living Adjustments](https://www.ruderware.com/lets-start-over-2018-health-savings-account-cost-of-living-adjustments/) - It is unusual for the IRS to implement a retroactive change to a previously announced limit (whether it be qualified plan limits or HSA limits). Especially when the change is a reduction in the amount that taxpayers can save/contribute. But who would disagree that 2018 has been a bit unusual. On March 5, 2018 the
- [The IRS Says Never Mind – You Can Have Your Higher HSA Limit!](https://www.ruderware.com/the-irs-says-never-mind-you-can-have-your-higher-hsa-limit/) - I previously blogged about how unusual it was for the IRS to implement a retroactive change to a previously announced limit. As you may remember, the $6,900 limit on HSA contributions for a taxpayer eligible for a family high deductible health plan (HDHP) previously announced May 4, 2017 was reduced on March 5, 2018 to $6,850,
- [2019 HSA Contribution Limits Are Announced](https://www.ruderware.com/2019-hsa-contribution-limits-are-announced/) - 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
- [2019 Qualified Plan Cost of Living Increases, 2019 Social Security Taxable Wage Base](https://www.ruderware.com/2019-qualified-plan-cost-of-living-increases-2019-social-security-taxable-wage-base/) - On November 1, 2018 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. The vast majority of the limits shown below have increased from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2018-$18,500 2019-$19,000 $200,000 compensation limit 2018-$275,000 2019-$280,000 $160,000 defined benefit limit 2018-$220,000
- [Increased Gasoline Prices Lead to Increase in Optional Standard Mileage Rates for 2019](https://www.ruderware.com/increased-gasoline-prices-lead-to-increase-in-optional-standard-mileage-rates-for-2019/) - 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 2019, and the increased rates reflect the increase in the fixed and variable costs of operating a vehicle. Effective January 1, 2019, the optional standard mileage rates will
- [2020 HSA Contribution Limits are Announced](https://www.ruderware.com/2020-hsa-contribution-limits-are-announced/) - Today the IRS announced the HSA limits for calendar year 2020. Hard to believe we are already talking 2020, especially after a Memorial Day weekend in Wisconsin where the air conditioning and furnace were both needed. As you long for summer, look forward to slightly higher limits in 2020, as set forth in the chart
- [2020 Qualified Plan Cost of Living Increases, 2020 Social Security Taxable Wage Base](https://www.ruderware.com/2020-qualified-plan-cost-of-living-increases-2020-social-security-taxable-wage-base/) - On November 6, 2019 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. All of the limits shown below have increased from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2019-$19,000 2020-$19,500 $200,000 compensation limit 2019-$280,000 2020-$285,000 $160,000 defined benefit limit 2019-$225,000 2020-$230,000
- [Cheaper Gasoline Prices Means Decrease in Optional Standard Mileage Rates for 2020](https://www.ruderware.com/cheaper-gasoline-prices-means-decrease-in-optional-standard-mileage-rates-for-2020/) - 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 2020, and the decrease in rates reflect the decrease in the fixed and variable costs of operating a vehicle. Effective January 1, 2020, the optional standard mileage rates
- [Do You Really Need To Care About OSHA?](https://www.ruderware.com/do-you-really-need-to-care-about-osha/) - There seems to be a fair amount of confusion among farmers as to what role the Occupational Safety and Health Administration (OSHA) plays in regulating farming operations. Among questions we get are “Do I as a farmer need to care about OSHA?” and “Does OSHA regulate farms the same as other businesses?” There is a
- [What HIPAA Policies are Required for a Health Care Provider?](https://www.ruderware.com/what-hipaa-policies-are-required-for-a-health-care-provider/) - We are often asked to advise clients regarding the scope and content of Health Insurance Portability and Accountability (HIPAA) policies and procedures that are required to be maintained. HIPAA clearly requires health care providers, as “covered entities,” to maintain policies and procedures covering HIPAA issues that apply to their operations. There is a core of
- [Who Gets the Farm if There are On-Farm and Off-Farm Heirs?](https://www.ruderware.com/who-gets-the-farm-if-there-are-on-farm-and-off-farm-heirs/) - Family farmers face a difficult issue of passing on the farm if there are both on-farm and off-farm heirs. A family farm is a business but also about family. Doing what’s best for both farm and family requires making difficult decisions and sometimes rocking the boat. Most parents try to treat their children equally when
- [Recreational Use Immunity: Protecting Landowners From Risks In Public Recreational Activities](https://www.ruderware.com/recreational-use-immunity-protecting-landowners-from-risks-in-public-recreational-activities/) - It seems sometimes that no good deed goes unpunished. Landowners who permit access to their property for outdoor enthusiasts to engage in their favorite recreational activities – such as camping, hiking and hunting – could risk liability for doing so. But a Wisconsin law called the Recreational Use Immunity statute provides private landowners a layer
- [Proposed Revisions to the SAMHSA Regulations Would Permit Non-Part 2 Providers to Reference Part 2 Treatment in Patient Records](https://www.ruderware.com/proposed-revisions-to-the-samhsa-regulations-would-permit-non-part-2-providers-to-reference-part-2-treatment-in-patient-records/) - Our representation of behavioral health and substance abuse programs has required us to stay in tune to issues involving special confidentiality of patient records under 42 CFR Part 2, also known as the SAMHSA regulations. The SAMHSA regulations were completely recast in two sets of regulatory revisions that were issued in 2017 and 2018. One
- [Announcement re DMC Deadline Extension](https://www.ruderware.com/announcement-re-dmc-deadline-extension/) - The U.S. Department of Agriculture (USDA) extended the deadline from September 20 to September 27 for dairy farmers to enroll in the Dairy Margin Coverage (DMC) program for 2019. Enacted in the 2018 Farm Bill, this safety-net program offers risk-protection to dairy producers when the difference between the all-milk price and the average feed cost
- [It’s a Bird - It’s a Plane - It’s the Final Overtime Rule!!!](https://www.ruderware.com/its-a-bird-its-a-plane-its-the-final-overtime-rule/) - The long wait is over. Today, the U.S. Department of Labor confirmed the final rule on the overtime “white collar” exemptions. Effective January 1, 2020, the minimum salary level for exempt workers will be $684 per week ($35,568 annualized). As you may remember, in 2015, the DOL attempted to increase the exemption to $913 per
- [How Much Water Can the Federal Government Regulate?](https://www.ruderware.com/how-much-water-can-the-federal-government-regulate/) - A controversial federal environmental regulation has been repealed, according to an announcement Sept. 12 by the administrator of the U.S. Environmental Protection Agency and the assistant secretary of the Army who oversees the Army Corps of Engineers. That means the definition of “Waters of the United States” will return to its pre-2015 definition. That’s important
- [Create Your Digital Estate Plan](https://www.ruderware.com/create-your-digital-estate-plan/) - It seems like our world becomes more digital each day. We can manage almost every aspect of our lives online. But, unless you have updated your estate plan in the last few years, chances are good that your estate planning documents do not address what will happen to your electronic documents, e-mails, text messages, blogs,
- [The DOL Issues Final Rule to Update Regular Rate Regs!!](https://www.ruderware.com/the-dol-issues-final-rule-to-update-regular-rate-regs/) - Late last week the Department of Labor announced a Final Rule that will allow employers to more easily offer bonuses and benefits without worrying about the regular rate of pay. The rule is the first major change to the regulations governing regular rate requirements under the Fair Labor Standards Act (FLSA) in over 50 years.
- [Upcoming Travel Plans? How to Temporarily Delegate Parental Authority](https://www.ruderware.com/upcoming-travel-plans-how-to-temporarily-delegate-parental-authority/) - Picture this: you are lying on the beach in sunny Aruba, thinking about your best friend, Kristin, who valiantly volunteered to watch your three children while you and your spouse got away from the Wisconsin winter for the first time in ages – when all of a sudden you see a hotel staff member racing
- [Happy New Year! Pass the Champagne AND a Joint—Illinois Legalizes Marijuana Effective 1/1/2020](https://www.ruderware.com/happy-new-year-pass-the-champagne-and-a-joint-illinois-legalizes-marijuana-effective-1-1-2020/) - Here in Wisconsin marijuana is still illegal. However, this week our neighbor Illinois becomes the 11th in our nation to legalize marijuana which may cause complications for Wisconsin employers who recruit or have locations in that state. Our neighbor Minnesota has had marijuana legal for medicinal purposes since 2014 (recreational use is not yet legal
- [Getting Started: Estate Planning for Young Families](https://www.ruderware.com/getting-started-estate-planning-for-young-families/) - For many people, the first time they start thinking about an estate plan is when they start to have family members that depend on them financially – typically, a spouse or a child. Let’s take, for example, a young married couple with young children. The couple may think they need a will, but they might
- [Call to Action: Review Your Estate Plan in Light of the SECURE Act](https://www.ruderware.com/call-to-action-review-your-estate-plan-in-light-of-the-secure-act/) - The federal appropriations bill enacted into law on December 20, 2019 changed federal law in ways that may affect your retirement assets, including 401(k) plans and IRAs. Those changes, often referred to as the “SECURE Act,” may affect you during your lifetime and also the way those retirement assets may be distributed to your beneficiaries
- [New I-9 Form Released!](https://www.ruderware.com/new-i-9-form-released/) - On Jan. 31, 2020, USCIS announced a new version of Form I-9, Employment Eligibility Verification. This new version contains minor changes to the form and its instructions. Employers should begin using this updated form as of Jan. 31, 2020. The notice provides employers additional time to make necessary updates and adjust their business processes. Employers may
- [NLRB Issues Another "DISH" appointing Social Media Decision](https://www.ruderware.com/nlrb-issues-another-dish-appointing-social-media-decision/) - In a rerun of a tired episode we've all seen before but wish to forget (e.g., like any episode of Three's Company, however, regrettably, there's a fan club), a National Labor Relations Board (Board) administrative law judge has once again determined that a company's social media policy is illegal this time, it was DISH Network's
- [Royal Flush! FBARs Due June 30th](https://www.ruderware.com/royal-flush-fbars-due-june-30th/) - This is your reminder that your Foreign Bank and Financial Accounts Reports (FBARs) are due on June 30th. If you have a financial interest in or signature authority over a foreign financial account, including a bank account, brokerage account, mutual fund, trust, or other type of foreign financial account exceeding certain thresholds, you must report
- [NLRB Continues Full Throttle Assault on Employer Solicitation and Distribution Policies](https://www.ruderware.com/nlrb-continues-full-throttle-assault-on-employer-solicitation-and-distribution-policies/) - This post follows, and builds upon, my November 26, 2014 post Labor Unions Have Another Reason to Be Thankful: NLRB Serves Up Holiday Season Gift. On November 26, 2014, the National Labor Relations Board issued another union-friendly decision in connection with employer solicitation and distribution policies. The case is Mercedes-Benz U.S. International, Inc. (MUBUSI), 361
- [Office Inspector General Launches New Compliance Resource Portal](https://www.ruderware.com/office-inspector-general-launches-new-compliance-resource-portal/) - At a recent Health Care Compliance Association (HCCA) compliance institute, the Office of Inspector General announced it had launched a new resource portal focused on compliance issues. A trip to the OIG's web site, and sure enough, there is a brand spankin’ new compliance portal. You can check out the portal at OIG Portal. On
- [Sorting Out the Federal Health Insurance Marketplace - Forum Provides Answers (and More Questions!)](https://www.ruderware.com/sorting-out-the-federal-health-insurance-marketplace-forum-provides-answers-and-more-questions/) - On Thursday evening June 13, I had the pleasure of participating in a public forum sponsored by the Wisconsin Institute for Public Policy and Service entitled, "Preparing for the Federal Health Insurance Marketplace: A View from Wisconsin." As one of three panelists, I was asked to talk about how employers large and small are preparing
- [No Backup Plan Needed, Exchanges Will be Ready by October 1 Says HHS Secretary](https://www.ruderware.com/no-backup-plan-needed-exchanges-will-be-ready-by-october-1-says-hhs-secretary/) - Last week I had the pleasure of talking Affordable Choice Act with human resource and benefits professionals in Madison and Wausau. From some of the questions I was fielding it was clear that there were some out there who doubted whether the federally facilitated exchanges will be operational by October 1, as required by the
- [Unsigned Legislative Memo:  Drastic Changes Planned for Worker’s Compensation?](https://www.ruderware.com/unsigned-legislative-memo-drastic-changes-planned-for-workers-compensation/) - Senator Jon Erpenbach’s (D-Madison) office released an unsigned memorandum addressed to “WC Stakeholders.” The memorandum is dated January 15, 2015, and its subject line reads “WC Reorganization.” While the memorandum is unsigned, it is clear that the author is an administrator within the Worker’s Compensation Division of the Department of Workforce Development (DWD). The author
- [New Day for Union Representation Elections](https://www.ruderware.com/new-day-for-union-representation-elections/) - Today is the day that the new “quickie election” regulations take effect. As of writing this blog, we have not heard of any legal challenge that has successfully stopped the new regulations from being implemented. Under the new regulations, a union representation election petition will be placed on a fast track for processing by the
- [Congress Tries to Stop Quickie Election Rules](https://www.ruderware.com/congress-tries-to-stop-quickie-election-rules/) - Action was taken by the United States Senate seeking to stop the implementation of the “quickie election” regulations scheduled to take effect in April. The Senate passed Senate Joint Resolution 8 to attempt to stall the implementation of these new Rules. While this is an effort that has support from the majority in the Senate
- [Court Decision Leaves Bad Taste in Mouth of Restaurant Company:  Found Liable for Predecessor Company’s Workplace Retaliation](https://www.ruderware.com/court-decision-leaves-bad-taste-in-mouth-of-restaurant-company-found-liable-for-predecessor-companys-workplace-retaliation/) - We’ve all heard of the concept of “paying for the sins of our ancestors.” Well, in that same vein, the federal Seventh Circuit Court of Appeals [which presides over Wisconsin employers] recently concluded that a Wisconsin restaurant company is liable for its predecessor’s past act of workplace reprisal, in response to an employee’s complaint concerning
- [Halloween Trick, or Treat? IRS Issues 2014 Limits for Qualified Plans](https://www.ruderware.com/halloween-trick-or-treat-irs-issues-2014-limits-for-qualified-plans/) - On October 31 the IRS announced the various contribution and benefit limits applicable to qualified retirement plans, for 2014. Here's a link to our recent update which includes a handy chart. We've become accustomed to getting these annual announcements in mid-October, but as with a lot of other IRS guidance, the government shutdown did have
- [How the DOMA Decision Affects Employee Benefit Plan Sponsors](https://www.ruderware.com/how-the-doma-decision-affects-employee-benefit-plan-sponsors/) - This morning, in a 5-4 decision, the United States Supreme Court ruled in United States v. Windsor that the federal Defense of Marriage Act (DOMA) is unconstitutional. On equal protection grounds, the Court held that if a state has recognized same sex marriages, then the federal government must honor those marriages with respect to federal
- [2016 Qualified Plan Cost of Living Increases, 2016 Social Security Taxable Wage Base](https://www.ruderware.com/2016-qualified-plan-cost-of-living-increases-2016-social-security-taxable-wage-base/) - Well, if you were hoping for a cost of living adjustment in the employee benefits part of your life, you aren’t going to get it from the 2016 qualified plan limits just issued by the IRS. Here are the new limits. Same as the old limits as you can see. According to the IRS, “the
- [Are Local Right-To-Work Laws Legal: Recent Lawsuit Could Provide Definitive Answer](https://www.ruderware.com/are-local-right-to-work-laws-legal-recent-lawsuit-could-provide-definitive-answer/) - On January 14, 2015, a group of labor unions—led by the UAW and UFCW—filed suit against Hardin County, Kentucky, in response to a municipal “right-to-work” ordinance. Through the lawsuit, the unions allege that the National Labor Relations Act preempts [overrides and does not permit] local right-to-work measures. A blog post about so-called right-to-work laws is
- [Lawsuit Challenges NLRB Rules On Quickie Election](https://www.ruderware.com/lawsuit-challenges-nlrb-rules-on-quickie-election/) - As we have previously discussed on this blog site, the National Labor Relations Board has published new election rules often described as the “quickie election” rules. A blog summarizing the rules can be found here. These rules are to take effect on April 14, 2015, but a legal challenge has been filed to seek overturning
- [NLRB Judge to Employer: Stated Reason for Terminating Employee Who Complained About Pot is Smokescreen](https://www.ruderware.com/nlrb-judge-to-employer-stated-reason-for-terminating-employee-who-complained-about-pot-is-smokescreen/) - Recently, an administrative law judge (“ALJ”) for the NLRB concluded that a casino employer’s stated reason for terminating an employee (“Schramm”), who complained about the risks of inhaling second-hand marijuana smoke, were not genuine—and the termination of employment violated the NLRA. The case is Circus Circus Casinos, Inc., and is available here: Circus_Circus_Casinos_Inc. This decision
- [EEOC Gains Upper Hand in Biometric Time Clock Religious Discrimination Case](https://www.ruderware.com/eeoc-gains-upper-hand-in-biometric-time-clock-religious-discrimination-case/) - Let’s face it, not all employees are saints—unfortunately, there will always be that one employee who brazenly decides to color outside of the lines. Recently, several clients have asked me for my opinion about biometric time clocks - in response to “buddy punching,” or falsification of time-cards and other electronic time-management records. Biometric time clocks
- [Employer’s Failure to Accommodate Needle Phobia  Leads to 2.6 Million Dollar ADA Verdict](https://www.ruderware.com/employers-failure-to-accommodate-needle-phobia-leads-to-2-6-million-dollar-ada-verdict/) - Last week, a federal jury in an Americans with Disabilities Act case entered a 2.6 million dollar plaintiff’s verdict in favor of a former Rite Aid Corporation pharmacist who Rite Aid allegedly discharged in response to his inability to administer flu shots. According to court records, the former Rite Aid pharmacist suffered from trypanophobia, which
- [As Expected, Unions File Lawsuit to Challenge the Legality of Wisconsin’s Right-to-Work Law](https://www.ruderware.com/as-expected-unions-file-lawsuit-to-challenge-the-legality-of-wisconsins-right-to-work-law/) - Yesterday, as expected, several labor unions filed suit in the Dane County Circuit Court, challenging the constitutionality of Wisconsin’s Right-to-Work Law [2015 Wisconsin Act 1]. A copy of the complaint filed by the labor unions is available here: Right to Work Complaint for Declaratory and Injunctive Relief Recently, labor unions in Indiana unsuccessfully challenged Indiana’s
- [Working from Home May Not be Automatic](https://www.ruderware.com/working-from-home-may-not-be-automatic/) - I wrote a blog a number of months ago about a federal Court of Appeals decision which strongly suggested that working from home would be a required reasonable accommodation in certain circumstances. A decision involving Ford Motor Company strongly suggested that the company would be required to allow an employee with irritable bowel syndrome to
- [What's the Frequency Kenneth: How Often May Employers Solicit Updates from Employees on FMLA Leave?](https://www.ruderware.com/whats-the-frequency-kenneth-how-often-may-employers-solicit-updates-from-employees-on-fmla-leave/) - Recently, while paging through a set of "boilerplate," employer FMLA notification forms, I noticed a field/blank for employers to insert how frequently an employee seeking FMLA leave is to provide updates concerning return-to-work status. Believe it or not, my very next thought was about Dan Rathers' 1986 mugging and the R.E.M. song Rathers' mugging later
- [Treatment Center Pleads Guilty to Anti-kickback Statute Violations Involving Alcohol and Drug Addiction Treatment Centers](https://www.ruderware.com/treatment-center-pleads-guilty-to-anti-kickback-statute-violations-involving-alcohol-and-drug-addiction-treatment-centers/) - 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
- [IRS Issues 2015 Limits for Qualified Plans](https://www.ruderware.com/irs-issues-2015-limits-for-qualified-plans/) - Autumn brings two things, at least in Wisconsin. Lots of leaves on your lawn, and the IRS announcement of the contribution and benefit limits applicable to qualified retirement plans for next year. Let s ignore the leaves for now, but the IRS limits we can help you with. Keep this chart with your important papers.
- [What Keeps Me up at Night About the Affordable Care Act?](https://www.ruderware.com/what-keeps-me-up-at-night-about-the-affordable-care-act/) - Expert? Guru? While I’d like to think that I merit those descriptions when it relates to the Affordable Care Act, I know for a fact that there is a lot about the ACA that, as they say, “keeps me up at night.” The practice of law is just that, practice, and practicing in the area
- [IRS Announces HSA Cost of Living Adjustments](https://www.ruderware.com/irs-announces-hsa-cost-of-living-adjustments/) - Each spring (or late winter for those of us lucky enough to be living in Wisconsin), the IRS adjusts the various maximums (and minimums) for health savings accounts for the upcoming calendar year. The tax code (Code Section 223 if you want to play along at home) provides for annual “cost of living” adjustments for
- [2017 IRS Standard Mileage Rates Reflect Steady Gasoline Prices](https://www.ruderware.com/2017-irs-standard-mileage-rates-reflect-steady-gasoline-prices/) - On December 13, 2016 the IRS issued its standard mileage rates for 2017. Each year (sometimes more frequently than that in times of price volatility) the IRS announces the standard mileage rates for determining the deductible cost for operating automobiles for various purposes, including business, medical, and charitable purposes. Employers often base their employee reimbursements
- [IRS Announces 2017 Qualified Plan Limits; Pumpkin Spice Inexplicably Lacking](https://www.ruderware.com/irs-announces-2017-qualified-plan-limits-pumpkin-spice-inexplicably-lacking/) - Late each October, the IRS gets around to announcing the cost of living adjustments for qualified plans for the upcoming year. This year was no exception, and here they are [Plan Limits]. Unlike last year, 2017 brings some increases to the limits, like the increase in the compensation limit (the maximum amount of compensation a
- [IRS Finalizes Same-Sex Marriage Recognition Regulations](https://www.ruderware.com/irs-finalizes-same-sex-marriage-recognition-regulations/) - It took almost eleven months, and minimal comments from the public, but the IRS has now finalized its October 2015 regulations which recognized same-sex marriages as lawful marriages for purposes of the tax code. More information on that found here Recognition of Same-Sex Marriage Officially the Tax Law of the Land. No need to go
- [IRS Announces HSA Cost of Living Adjustments for 2017](https://www.ruderware.com/irs-announces-hsa-cost-of-living-adjustments-for-2017/) - Late last week the IRS announced its adjustments to the health savings account limits for 2017. These limits are adjusted annually by the IRS for “cost of living.” Since the IRS rules for cost of living adjustments provide that adjustments are only made in $50 increments, and even then only if rounding to the nearest
- [Hey Dentists:  No Business Associate Agreement, No Problem](https://www.ruderware.com/hey-dentists-no-business-associate-agreement-no-problem/) - According to the U.S. Health and Human Services Office for Civil Rights (OCR), dental practices are not required to have a business associate agreement with their dental laboratory before sharing protected health information. The HIPAA Privacy Rule applies to covered entities (including dental practices) and their business associates. As you know, for the past few
- [A Secretary of the Treasury who understands Main Street and Wall Street?](https://www.ruderware.com/a-secretary-of-the-treasury-who-understands-main-street-and-wall-street/) - Last week, Steven Mnuchin, President Donald Trump’s nominee to run the Treasury Department faced a nearly six-hour grilling by Senate Finance Committee Republicans and Democrats, alike. The former Goldman Sachs executive was pressed on a variety of policy and personal issues including his past connections to a California bank seen by some as an unmerciful
- [Cybersecurity Risk:  Latest Guidance from Bank Examiners](https://www.ruderware.com/cybersecurity-risk-latest-guidance-from-bank-examiners/) - The Office of the Comptroller of the Currency has indicated in a recent bulletin that its examiners will gradually incorporate a Cybersecurity Assessment Tool into its examinations of national banks and other institutions under its regulatory purview. At the same time, the Federal Deposit Insurance Corporation issued a Financial Institution Letter informing banks of a Frequently Asked
- [Federal Court Rejects NLRB’s Recently-Adopted Solicitation Standard, Criticizes NLRB’s Reasoning](https://www.ruderware.com/federal-court-rejects-nlrbs-recently-adopted-solicitation-standard-criticizes-nlrbs-reasoning/) - If you follow this blog, you may recall my post from November 26, 2014 Labor Unions Have Another Reason to Be Thankful: NLRB Serves Up Holiday Season Gift about the NLRB’s controversial decision in Conagra_Foods_Inc, concerning the meaning of “solicitation” for purposes of the National Labor Relations Act. Although the Conagra Foods, Inc. decision floated
- [Chicken Little Syndrome No More - NLRB Regional Director’s Recent Joint Employment Decision Proves the Sky Is Not Falling [Yet, Anyway]](https://www.ruderware.com/chicken-little-syndrome-no-more-nlrb-regional-directors-recent-joint-employment-decision-proves-the-sky-is-not-falling-yet-anyway/) - In the aftermath of the National Labor Relations Board’s recent, controversial Browning-Ferris Industries “joint employment” decision [362 NLRB No. 186], many within the management-side legal community [myself included] issued portentous predictions about the future –including Trojan Horse organizing tactics and the adverse impact on pervasive contingent workforce arrangements. However, one of the Board’s Regional Directors
- [Caveat Emptor: Labor Board Judge Gives Would-Be Buyers of Union Companies Reason to Beware](https://www.ruderware.com/caveat-emptor-labor-board-judge-gives-would-be-buyers-of-union-companies-reason-to-beware/) - Recently, one of the National Labor Relations Board’s administrative law judges (“ALJ”) issued a decision that reminds would-be purchasers of unionized companies to proceed with caution before taking the plunge. The case is Riccelli Enterprises, Inc., available here: Riccelli_Decision. In Riccelli Enterprises, Inc., the ALJ was called upon to determine whether: (1) the purchaser of
- [Seventh Circuit Affirms “Willful” OSHA Violation](https://www.ruderware.com/seventh-circuit-affirms-willful-osha-violation/) - The Seventh Circuit Court of Appeals has issued a decision that is interesting for its discussion and analysis of what a “willful” OSHA violation means. A worker for a precast concrete manufacturer fell into a sand bin in which he became engulfed up to his neck. Fortunately, he survived, but the complicated five hour rescue
- [The Wide Expanse of the ADA](https://www.ruderware.com/the-wide-expanse-of-the-ada/) - A recent lawsuit filed in the federal district court for the Eastern District of Pennsylvania alleges that an employer violated the Americans with Disabilities Act (ADA) by terminating an employee who had a doctor-diagnosed sleep disorder. According to the filing, the disorder limits the hours of the day and night during which the employee is
- [NLRB Signals Code Red at Big Blue: Concludes Walmart’s Dress Code Violates NLRA](https://www.ruderware.com/nlrb-signals-code-red-at-big-blue-concludes-walmarts-dress-code-violates-nlra/) - As I’ve written in the past, the National Labor Relations Act applies to non-union employers too. I’ve wanted to write about the National Labor Relations Board’s recent “dress code” decision for several days now—however, with the Board's firestorm of significant decisions [email access, here: National Labor Relations Board is "Not-So-Secret" Santa to Organized Labor -
- [Labor Unions Have Another Reason to Be Thankful: NLRB Serves  Up Holiday Season Gift](https://www.ruderware.com/labor-unions-have-another-reason-to-be-thankful-nlrb-serves-up-holiday-season-gift/) - On November 21, 2014, the National Labor Relations Board (“Board”) served up a holiday season gift to organized labor—in the form of a new, significantly more “union friendly” view of “solicitation” policies utilized in many non-union workplaces [designed to lawfully limit pro-union solicitation, and other forms of solicitation, which can hamper employee productivity]. The decision
- [Pregnancy Discrimination Law May Leave Some Employers Feeling Like a Babe in The Woods](https://www.ruderware.com/pregnancy-discrimination-law-may-leave-some-employers-feeling-like-a-babe-in-the-woods/) - Running a business is, undeniably, a daunting task. On top of the challenge of running a business, today’s employers are also responsible for staying current with the latest and greatest legal developments impacting their workplaces. One area of increased emphasis for enforcement agencies like the EEOC, and plaintiffs’ attorneys as well, is pregnancy discrimination. Employers
- [Management Rights Clauses – Employer’s Ability to Make Policy Changes Depends Upon What Management Writes](https://www.ruderware.com/management-rights-clauses-employers-ability-to-make-policy-changes-depends-upon-what-management-writes/) - On December 30, 2014, a National Labor Relations Board administrative law judge (“ALJ”) issued his decision in Graymont PA, Inc., available here: Graymont_PA_Inc._Decision. Through Graymont, PA, Inc., the ALJ reminded unionized employers to think twice before implementing workplace policy changes without first notifying the incumbent union and offering an opportunity to bargain about the
- [OSHA’s New Guidelines for Employer Anti-Retaliation Policies](https://www.ruderware.com/oshas-new-guidelines-for-employer-anti-retaliation-policies/) - Most employers and employees know that the Occupational Safety and Health Administration (OSHA) is the federal agency charged with overseeing safety and health in U.S. workplaces. Many are surprised, however, to learn OSHA is also responsible for enforcing 22 whistleblower protection statutes that don’t necessarily have anything to do with worker safety and health. These
- [The NLRB Announces a Major Reversal on Employee Policies and Handbooks](https://www.ruderware.com/the-nlrb-announces-a-major-reversal-on-employee-policies-and-handbooks/) - We have reported in blog articles and seminars in recent years on decisions by the National Labor Relations Board (NLRB) that invalidated employee policies and handbook provisions which sought, among other things, to promote workplace civility and reasonable behavior. Last week the NLRB overturned the 2004 case that started that trend. In the 2004 case,
- [Changes in Federal Enforcement Cases and the Stark Law May Benefit Health Care Providers](https://www.ruderware.com/changes-in-federal-enforcement-cases-and-the-stark-law-may-benefit-health-care-providers/) - Some recent changes in federal law and in federal agency interpretation of federal law may both clarify and relieve some regulatory obligations of health care providers. Lessening Dependence on Federal Agency Interpretations of Federal Law In late January, a high ranking official of the U.S. Department of Justice (DOJ) told DOJ litigators they can no
- [Ambulatory Surgery Center Compliance Federal Settlement Raises Issues for Physician Owned Surgery Centers](https://www.ruderware.com/ambulatory-surgery-center-compliance-federal-settlement-raises-issues-for-physician-owned-surgery-centers/) - A Federal Whistleblower that was recently settled in the United States District Court for the Middle District of Tennessee illustrates the difficult issues involved in structuring ambulatory surgery center ("ASC") investments. Specifically, the case demonstrates how investment terms that are intended to assure compliance with the safe harbor regulations under the Medicare Anti?Kickback Statute (42
- [HHS Releases Inflation Adjusted Federal Civil Penalties](https://www.ruderware.com/hhs-releases-inflation-adjusted-federal-civil-penalties/) - The Department of Health and Human Services has issued new interim final rules to adjust a variety of Federal Civil Penalties for inflation. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 required the agency to promulgate a “catch-up adjustment” in these penalties through an interim final rule. Additionally, HHS agencies were instructed
- [House Republicans and Trump Administration File Joint Motion to Delay Suit Challenging Obamacare Subsidies](https://www.ruderware.com/house-republicans-and-trump-administration-file-joint-motion-to-delay-suit-challenging-obamacare-subsidies/) - An interesting development transpired Tuesday, February 21, 2017 in a case pending in Federal District Court in the District of Columbia that challenges subsidy payments from the Federal Treasury to support Obamacare. The case was originally filed by House Republicans in 2014 challenging the constitutionality of the Obama administration’s authorization and payment of funds from
- [Defining the Duty of the Board of Directors over Compliance Functions](https://www.ruderware.com/defining-the-duty-of-the-board-of-directors-over-compliance-functions/) - I recently posted a blog article about a document released by the Department of Justice entitled “Evaluation of Compliance Programs.” As the title of the document might suggest, the DOJ release covers a variety of issues it looks at when evaluating the effectiveness of compliance programs. The document includes some guidance on how a corporate
- [Legal and Compliance Issues Impacting Medical Practices Using Laser Technology](https://www.ruderware.com/legal-and-compliance-issues-impacting-medical-practices-using-laser-technology/) - Medical practices that routinely use laser technology are subject to some of the same legal issues as other types of practices. Use of lasers creates additional compliance issues and highlights certain compliance risk areas. Our special coverage issue contains articles on some of the legal issues impacting these practices. • Compliance Program Operation. All medical
- [2014 Inflation Adjustments - You May Gift $14,000 Tax-Free (Grandma, are you reading this?)](https://www.ruderware.com/2014-inflation-adjustments-you-may-gift-14000-tax-free-grandma-are-you-reading-this/) - The Internal Revenue Service announced in October 2013 the annual inflation adjustments for a variety of tax provisions including tax rates, standard deductions, limitations for itemized deductions, and exclusion amounts. Fortunately for children and grandchildren alike, a taxpayer may gift $14,000.00 per year per person without paying any taxes. Accordingly, a married couple with three
- [Qualifying for Favorable Lending Terms  in a Financially Stressed Market](https://www.ruderware.com/qualifying-for-favorable-lending-terms-in-a-financially-stressed-market/) - Uncertainties in agricultural markets continue to impact lenders’ financing decisions as well as loan terms and conditions. But there are ways to qualify for favorable lending terms even in a time of financial stress and challenging markets. A prospective borrower should review farm-operation goals and how to achieve those goals as well as credit needs.
- [Will Centers for Medicare & Medicaid Services (CMS) Really Make Changes to the Stark Law?](https://www.ruderware.com/will-centers-for-medicare-medicaid-services-cms-really-make-changes-to-the-stark-law/) - If you navigate to the American Hospital Association (AHA) Interactive Town Hall of January 17, 2018, you can view a video in which Seema Verma, the current Administrator of the Centers for Medicare and Medicaid Services, discusses some of the efforts currently underway at CMS to ease the burden of applicable regulations through the Medicare
- [When Does a HIPAA Breach Exist?](https://www.ruderware.com/when-does-a-hipaa-breach-exist/) - Conducting HIPAA Breach Risk Assessments The HIPAA rules relating to assessment of potential patient confidentiality breaches were changed in 2013. Specifically, on January 17, 2013, the Office of Civil Rights released new regulations defining when a HIPAA breach is deemed to occur. These regulations recast the steps that covered entities are required to take when
- [Recent Fraud Settlements Illustrate Current Compliance Risk Areas](https://www.ruderware.com/recent-fraud-settlements-illustrate-current-compliance-risk-areas/) - One of the reasons compliance officers and health care attorneys read fraud settlements is to identify issues the government is focused on. The cases the government decides to pursue are very indicative of the areas of fraud enforcement they feel are important. These are not the only issues that should be considered, but government enforcement
- ["Ban the Box" Legislation Expands – What should Employers Do?](https://www.ruderware.com/ban-the-box-legislation-expands-what-should-employers-do/) - We have seen a recent expansion of “Ban the Box Legislation” which prevents employers from asking information about the arrest or conviction record of an applicant for a position. Some legislation prevents employers from conducting criminal background checks on applicants until a final selection has been made and a final candidate is being considered. Wisconsin
- [Complying with Michigan’s New Controlled Substance Laws – The Bona-Fide Prescriber-Patient Relationship Requirement](https://www.ruderware.com/complying-with-michigans-new-controlled-substance-laws-the-bona-fide-prescriber-patient-relationship-requirement/) - 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
- [Yes, Employees Can Be Required to Behave Civilly and Reasonably](https://www.ruderware.com/yes-employees-can-be-required-to-behave-civilly-and-reasonably/) - 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
- [Is Your Website Accessible to Individuals with Disabilities?](https://www.ruderware.com/is-your-website-accessible-to-individuals-with-disabilities/) - Many are unaware that the Americans with Disabilities Act (“ADA”) applies to websites as well as physical facilities. A review of court dockets around the country shows that plaintiffs are filing an increasing number of lawsuits against companies alleging that their websites are not “accessible” to individuals with disabilities as required by the ADA. In
- [What Kind Of Property Owner Are You?](https://www.ruderware.com/what-kind-of-property-owner-are-you/) - You might own a house. Maybe you own a cabin or cottage, hunting or farm land, or other properties as well. Regardless of the type of property that you own, the previous owner of the property gave you a deed when you bought the property. If you bought the property by yourself, the deed named
- [Create Your Emergency Money List](https://www.ruderware.com/create-your-emergency-money-list/) - If you are married, it is likely that either you or your spouse assume primary responsibility for financial matters, like paying your bills, filing your tax returns, choosing your investments, buying insurance, and applying for loans. If you are single, then you are probably the only person who knows everything about your finances. In either
- [Long-Term Care Insurance – Is it an Option for You?](https://www.ruderware.com/long-term-care-insurance-is-it-an-option-for-you/) - As our aging population grows so does the cost of nursing homes, assisted living facilities, and in-home care services. Contrary to popular belief, Medicare will only cover certain short-term stays and typically will not cover non-rehabilitative long-term care. This leaves many elderly and disabled individuals with few options for covering costs. Often, at first, family
- [The Essence of Compliance - Compliance Officer Authority and Resource Allocation](https://www.ruderware.com/the-essence-of-compliance-compliance-officer-authority-and-resource-allocation/) - How Are Compliance Budgeting and Compliance Officer Autonomy Tied Together When Assessing Compliance Effectiveness? The Department of Justice (“DOJ”)’s compliance program evaluation identifies the need to allocate sufficient revenues to the compliance program as one of the key issues that indicates compliance program effectiveness. The issue of resource allocation has been identified since the early
- [The DOL Has Had a Busy Summer!](https://www.ruderware.com/the-dol-has-had-a-busy-summer/) - The DOL has had a busy summer! From proposed overtime rules to independent misclassification warnings, the prudent employer should take notice. For more information, see my two recent legal updates: Hey Employers! The DOL is Watching - Are Your Workers Properly Classified?, and What is the Overtime Proposal and Why Should I Care?
- [Don't Miss the Ag Land Values and Lease Seminar](https://www.ruderware.com/dont-miss-the-ag-land-values-and-lease-seminar/) - Gone are the days when handshake deals suffice as a contract for a land purchase. I’ll be presenting on Ag Lease Agreements as part of the Agricultural Land Values and Lease Seminar on October 9 at the Rib River Ballroom. I plan to walk attendees through an overview of what leases are (and are not),
- [Congress Creates a Mess by Enacting the Eliminating Kickbacks in Recovery Act of 2018](https://www.ruderware.com/congress-creates-a-mess-by-enacting-the-eliminating-kickbacks-in-recovery-act-of-2018/) - Congress has activated a new Anti-Kickback law known as Eliminating Kickbacks in Recovery Act of 2018 (commonly referred to as EKRA). The new Anti-Kickback law applies to arrangements involving recovery homes, clinical treatment facilities, and laboratories. Congressional intent for enacting EKRA was noble. It wanted to clarify that brokering of opioid use disorder patients for
- [Apply the 60-Day Rule to Medicaid Overpayments](https://www.ruderware.com/apply-the-60-day-rule-to-medicaid-overpayments/) - The Affordable Care Act requires any person who has received an overpayment from certain defined government health programs to report and return the overpayment within 60 days after the overpayment is identified. If an overpayment is not repaid, or if a self-disclosure is not made before the expiration of the 60-day period, the overpayment amount
- [The Federal Government Really Wants You to Take Self Disclose](https://www.ruderware.com/the-federal-government-really-wants-you-to-take-self-disclose/) - The Department of Justice (DOJ) along with other health care fraud enforcement agencies, continue to send strong signals that they want businesses to police themselves for potential compliance issues and self-disclose where infractions are found. The fact of the matter is the government simply does not have enough resources to track down and take action
- [HIPAA this, HIPAA that.  Everything is a HIPAA Issue.  Deconstructing the "HIPAA Bias."](https://www.ruderware.com/hipaa-this-hipaa-that-everything-is-a-hipaa-issue-deconstructing-the-hipaa-bias/) - HIPAA, as a body of regulations protecting the confidentiality of patient health care information, has been branded very effectively. Most staff at your average health care facility know about HIPAA and that it protects the confidentiality of a patient’s health care information. They understand they cannot go home and discuss patients they treat and that
- [DOJ's New Evaluation of Corporate Compliance Programs - A Good Time to Focus on the Essence of Compliance](https://www.ruderware.com/dojs-new-evaluation-of-corporate-compliance-programs-a-good-time-to-focus-on-the-essence-of-compliance/) - The Criminal Division of the United States Department of Justice (DOJ) recently released an update (April, 2019) to its Evaluation of Corporate Compliance Programs (Evaluation). The Evaluation was first introduced in 2017 to provide guidance for prosecutors to consider when conducting investigations, determining whether to bring charges, and negotiating plea and other agreements. The Evaluation
- [New CMS Rules for Inpatient Rehabilitation](https://www.ruderware.com/new-cms-rules-for-inpatient-rehabilitation/) - Well, it’s a start. New Medicare rules kicked in starting January 1, 2019 that are aimed at focusing less provider time on paperwork and more on patient care in inpatient rehabilitation facilities. Any change that reduces paperwork in this overregulated area is welcome, but the actual impact of the announced changes are incremental at best.
- [I Want to Avoid Probate...Right?](https://www.ruderware.com/i-want-to-avoid-probate-right/) - In my opinion, education is the most impactful aspect of my role as an estate planning attorney. I often tell the story that when I first decided upon estate planning – over ten years ago – I excitedly told my husband that I had settled upon my specialty. He responded supportively – “That’s great!” …So,
- [OSHA Pulls Back on Electronic Reporting Rule](https://www.ruderware.com/osha-pulls-back-on-electronic-reporting-rule/) - The Occupational Safety and Health Administration (OSHA) has partly pulled back on its controversial requirement that certain employers electronically file injury and illness data with OSHA. Last week, OSHA announced that employers with 250 or more employees no longer need to electronically submit information from their OSHA 300 forms (the Log of Work-Related Injuries and
- [Western District of Wisconsin Ranks 2nd in the Nation in Chapter 12 Farm Bankruptcy Filings in 2018](https://www.ruderware.com/western-district-of-wisconsin-ranks-2nd-in-the-nation-in-chapter-12-farm-bankruptcy-filings-in-2018/) - The latest federal bankruptcy statistics contain more bad news for Wisconsin’s farmers. Chapter 12 farm bankruptcies continue to rise even though overall bankruptcies continue to fall. Although total bankruptcy filings (including Chapter 7, Chapter 11, Chapter 12 and Chapter 13) in the Western District of Wisconsin fell 2.8% in 2018 and have decreased every year
- [Avoiding Guardianship](https://www.ruderware.com/avoiding-guardianship/) - The term “Guardianship” makes most people think of a child whose parents passed away or are in the process of getting divorced. However, in the estate planning arena we speak of Guardianships for adults. In Wisconsin, a Guardian is an agent, appointed by the Court, to take over for an adult individual who becomes incapacitated
- [Estate Planning for Blended Families and Second Marriages](https://www.ruderware.com/estate-planning-for-blended-families-and-second-marriages/) - In today’s world the “traditional family” of a man, woman and their 2.5 children is becoming a lot less common. The term “blended family” has been coined to describe multiple families that are brought together and integrated into each other. A blended family can mean that one or both parents bring children from a previous
- [Farm Succession Planning](https://www.ruderware.com/farm-succession-planning/) - A huge number of baby boomers have created or continued successful family owned farms. As they approach retirement the future of those farms hinges on their ability to successfully transition to a next generation. Less than 30 percent of family farms successfully transfer to a subsequent generation. A clear succession plan is the most important
- [October OSHA News in Brief – New Interpretation on Drug Testing and Safety Incentives, Targeting Employers Using Form 300A Data, and Limiting Inspection Warrants](https://www.ruderware.com/october-osha-news-in-brief-new-interpretation-on-drug-testing-and-safety-incentives-targeting-employers-using-form-300a-data-and-limiting-inspection-warrants/) - Three related developments on the OSHA front in October have implications for employers. First, OSHA has walked back its previous interpretation of the anti-retaliation rule it implemented in 2016. That rule prohibits employers from retaliating against employees for or discouraging them from reporting on-the-job injuries and illnesses. OSHA had interpreted the rule, controversially, as prohibiting
- [Expanded Examination Cycle](https://www.ruderware.com/expanded-examination-cycle/) - The OCC, the Board of Governors of the Federal Reserve System, and the FDIC published an interagency interim final rule effective August 29, 2018. The interim final rule amends the regulations governing eligibility for an 18-month on-site examination cycle. Under the interim final rule, qualifying depository institutions with less than $3 billion in total assets
- [CMS Proposes Rule to Ease Compliance Requirements](https://www.ruderware.com/cms-proposes-rule-to-ease-compliance-requirements/) - Last month, the Centers for Medicare and Medicaid Services (CMS) announced a proposed rule designed to, in CMS’s words, “relieve burden on healthcare providers by removing unnecessary, obsolete or excessively burdensome Medicare compliance requirements for healthcare facilities”. CMS estimates that the annual savings to healthcare providers would be $1.2 billion. The proposed rule is some
- [OIG Opinion on Donation of Telehealth Equipment](https://www.ruderware.com/oig-opinion-on-donation-of-telehealth-equipment/) - A recent Advisory Opinion (Advisory Opinion 18-03) from the Office of Inspector General (OIG) of the Department of Health and Human Services addresses potential kickback issues involved in the donation of telehealth equipment. The OIG has issued opinions addressing technology donation in the past, but not directly involving telemedicine and not involving services that were
- [Hospital Program for Free Support Services for Caregivers – Approved by OIG](https://www.ruderware.com/hospital-program-for-free-support-services-for-caregivers-approved-by-oig/) - A recent Office of Inspector General (OIG) advisory opinion approved a proposal under which a hospital has established a caregiver center that provides or arranges for free or reduced-cost support services to caregivers in the local community (Arrangement). The OIG, basing its opinion on the facts provided, concluded that it would not impose sanctions even
- [Attendance at Work May Not Be An Essential Function of a Job](https://www.ruderware.com/attendance-at-work-may-not-be-an-essential-function-of-a-job/) - There have been a lot of court cases over the years that have acknowledged that attendance at work is a critical (and logical) essential function of someone’s job. A recent decision by the Sixth Circuit Court of Appeals has raised a caution about this conclusion. In its decision, the Court of Appeals reversed a summary
- [Employee Use of Company E-mail May be Protected from Company View](https://www.ruderware.com/employee-use-of-company-e-mail-may-be-protected-from-company-view/) - Companies have always taken the position that an employee’s use of company e-mail is not private, and can be accessed and reviewed by the company at any time. There have been a large number of court cases, which have held that a company that has issued a policy, stating that private use of company e-mail
- [Non-Economic Damage Limitation Upheld by the Wisconsin Supreme Court](https://www.ruderware.com/non-economic-damage-limitation-upheld-by-the-wisconsin-supreme-court/) - The Wisconsin Supreme Court has issued a ruling in the case of Mayo v. Wisconsin Injured Patients and Families Compensation Fund. The Supreme Court’s decision, which was handed down on June 27, 2018, overturned a lower court decision that found the non-economic damage cap to be unconstitutional. The 5-2 decision of the Wisconsin Supreme Court
- [Recent Decisions Support Requirements for Working Extra Hours](https://www.ruderware.com/recent-decisions-support-requirements-for-working-extra-hours/) - 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
- [Can an ACO Violate the Antitrust Laws?](https://www.ruderware.com/can-an-aco-violate-the-antitrust-laws/) - 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](https://www.ruderware.com/doj-focuses-antitrust-enforcement-on-health-care-industry/) - 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
- [Second Tax Cut Bill in the Works](https://www.ruderware.com/second-tax-cut-bill-in-the-works/) - 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
- [IRS to Issue Regulations Addressing $10,000 Limit on State and Local Tax Deduction](https://www.ruderware.com/irs-to-issue-regulations-addressing-10000-limit-on-state-and-local-tax-deduction/) - 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
- [Obesity as Perceived Disability](https://www.ruderware.com/obesity-as-perceived-disability/) - I recently did a blog about obesity as a disability under the Wisconsin Fair Employment Act. I concluded that the condition of obesity did not automatically constitute a disability although courts could find that an employer discriminated against an obese person if it perceived the person to be adversely impacted by the obese condition and
- [Obesity as a Disabling Condition in Wisconsin?](https://www.ruderware.com/obesity-as-a-disabling-condition-in-wisconsin/) - A recent decision from the State of California has held that obesity is considered a protected disability under California law if the condition of obesity is caused by a psychological condition. This gave me pause to wonder whether obesity would be considered a disability under the Wisconsin Fair Employment Act. It appears there is really
- [Opioid Fraud and Abuse as a Compliance Risk Area](https://www.ruderware.com/opioid-fraud-and-abuse-as-a-compliance-risk-area/) - The opioid epidemic is different than other drug related social problems because, in many cases, addiction to opioids starts in the medical office or in the pharmacy; in most cases through the treatment of legitimate physical pain and often chronic pain. As such, the marketing practices of companies who manufacture, market, and distribute these highly
- [Employee Social Media and Employee Discipline – Caution](https://www.ruderware.com/employee-social-media-and-employee-discipline-caution/) - A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page. While companies have the right to protect their reputation and their business information, the way businesses monitor and possibly use private social media posts
- [Employer Must Make Clear Decision the First Time](https://www.ruderware.com/employer-must-make-clear-decision-the-first-time/) - A recent decision from the Fifth Circuit Court of Appeals has again emphasized the importance of an employer making the right decision regarding the handling of an employment matter at the very start and not changing the rationale for an employment decision throughout the handling of the employment matter or any subsequent litigation. In this
- [Finding the Right Employee for Your Business](https://www.ruderware.com/finding-the-right-employee-for-your-business/) - Employers today are struggling to fill vacant positions that are needed to meet customer needs. The struggle is a combination of finding potential employees with the skills needed for the particular position and with the skills that make a good worker such as the ability to work in a team environment and use good communication
- [Western District of Wisconsin Ranks 1st in the Nation in Chapter 12 Farm Bankruptcy Filings in 2017.](https://www.ruderware.com/western-district-of-wisconsin-ranks-1st-in-the-nation-in-chapter-12-farm-bankruptcy-filings-in-2017/) - Low grain and milk prices have negatively affected Wisconsin’s ag economy for a few years now. As further evidence of the financial stress on Wisconsin farmers, the national bankruptcy statistics show that, in 2017, more Chapter 12 farm bankruptcy cases were filed in the Western District of Wisconsin than in any other district in the
- [Mental Health Disabilities – What to Do?](https://www.ruderware.com/mental-health-disabilities-what-to-do/) - We are seeing a growth in disability claims based upon mental health conditions which is very troubling for employers because it is hard to understand whether an employee actually has a mental health condition and it is certainly hard to quantify how that condition impacts the performance of the employee. A recent decision from the
- [Settling Discrimination Complaints in Wisconsin](https://www.ruderware.com/settling-discrimination-complaints-in-wisconsin/) - A recent decision from the Wisconsin Labor and Industry Review Commission has placed a cloud over the settlement of discrimination complaints in Wisconsin. The cloud may not be very dark, but it is a matter that needs to be considered by employers when they pursue an effort to settle a discrimination complaint brought by an
- [What Does New Employee Handbook Standard Mean?](https://www.ruderware.com/what-does-new-employee-handbook-standard-mean/) - Attorney Bob Reinertson wrote recently about a decision of the National Labor Relations Board that significantly changed how the NLRB will review workplace policies and employee handbooks to determine whether they are in compliance with federal law. The issue has always been that workplace policies (normally included in an employee handbook) may not interfere with
- [Simple IRA Retirement-saving Solution](https://www.ruderware.com/simple-ira-retirement-saving-solution/) - Workplace retirement programs play an important role in attracting and retaining employees, helping workers (and owners!) save, and provide significant tax advantages. Employer contributions to “qualified” plans (like 401(k) plans) or IRA-based plans are deductible by the business when made, and taxes on the recipients (your employees or even you!) are not imposed until the
- [Ageism in the Workplace?](https://www.ruderware.com/ageism-in-the-workplace/) - There has been a lot of discussion lately about “ageism” in the workplace. People are wondering what this means and what type of steps need to be taken by an employer to avoid age discrimination complaints. Ageism is the key word being used today to describe attitudes and behaviors in the workplace that reflect negatively
- [Federal Government Will Seek Dismissal of False Claims Act Cases That Lack Merit](https://www.ruderware.com/federal-government-will-seek-dismissal-of-false-claims-act-cases-that-lack-merit/) - A top official in the U.S. Department of Justice (DOJ) recently announced a major change in the federal government’s position on claims brought under the False Claims Act (FCA). Michael Granston, the director of DOJ’s Civil Frauds Section, the section that handles health care fraud and other FCA cases, stated that the DOJ will ask
- [OSHA Extends 300A Electronic Reporting Deadline to December 15](https://www.ruderware.com/osha-extends-300a-electronic-reporting-deadline-to-december-15/) - The Occupational and Safety Administration (OSHA) has announced the December 1, 2017 deadline for certain employers to electronically submit 300A injury and illness reports for 2016 has been extended by two weeks, to December 15, 2017. This deadline extension affects employers with 250 or more employees and employers with 20 to 249 employees in designated
- [Extended Leave is an Accommodation – Maybe Not](https://www.ruderware.com/extended-leave-is-an-accommodation-maybe-not/) - As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an extended leave to a person with a disability who has exhausted their twelve weeks of federal medical leave. The
- [Don’t Ask – Don’t Tell in Job Interview?](https://www.ruderware.com/dont-ask-dont-tell-in-job-interview/) - A number of states have passed legislation prohibiting an employer from asking a candidate for a new job about his or her salary history in other employment settings. While such a law has not passed in the State of Wisconsin, there is clearly a ground swell of support for employers to stop asking salary history
- [Thinking About Expanding Your Business](https://www.ruderware.com/thinking-about-expanding-your-business/) - Flyte Family Farm in Coloma has grown a lot over the years. Not only has Flyte grown tons of crops, but Flyte has also grown its business, which has expanded to five greenhouses and 3200 acres. Adam Flyte and his wife, Carrie, started their business growing corn, soybeans and fresh vegetables, which they sold at
- [2018 Qualified Plan Cost of Living Increases, 2018 Social Security Taxable Wage Base - Updated for New Taxable Wage Base](https://www.ruderware.com/2018-qualified-plan-cost-of-living-increases-2018-social-security-taxable-wage-base-updated-for-new-taxable-wage-base/) - The Internal Revenue Service has announced the cost-of-living adjustments for the various qualified retirement plan limits. A few of the limits shown below remain unchanged from last year, but others have increased. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2017-$18,000 2018-$18,500 $200,000 compensation limit 2017-$270,000 2018-$275,000 $160,000 defined benefit limit 2017-$215,000
- [Seventh Circuit Court of Appeals – Super Human Resource Department?](https://www.ruderware.com/seventh-circuit-court-of-appeals-super-human-resource-department/) - The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions have suggested that the Federal Court may be reconsidering that position. There have been a number of employment law
- [EEOC Sues for Transgender Discrimination](https://www.ruderware.com/eeoc-sues-for-transgender-discrimination/) - Recent action by the Equal Employment Opportunity Commission has raised the specter of whether transgender persons are considered protected under the federal discrimination laws. The EEOC has sued a company in Denver that allegedly discriminated against a transgender man who applied for a position as manager. This case addresses the question whether a transgender person
- [Judge Strikes Down DOL’s Proposed Overtime Rule!](https://www.ruderware.com/judge-strikes-down-dols-proposed-overtime-rule/) - Finally, it appears we have closure on this saga that started over a year ago! On August 31st, the same Texas federal district court judge who granted a preliminary injunction last November delaying the effective date of the Department of Labor’s new overtime rule, issued a final judgment invalidating the rule. As you may recall,
- [Check Your Handbooks!!! UPS Settles Maximum Leave Policy Violations for $2 million.](https://www.ruderware.com/check-your-handbooks-ups-settles-maximum-leave-policy-violations-for-2-million/) - The EEOC filed suit against UPS on behalf of approximately 90 current and former employees for multiple violations of the Americans with Disabilities Act (ADA). The agency charged UPS with failing to properly accommodate employees with disabilities. Most importantly, the EEOC alleged that UPS had a maximum leave policy that automatically terminated employees when they
- [IRS Encourages Self-Assessment to Identify Fringe Benefit Errors](https://www.ruderware.com/irs-encourages-self-assessment-to-identify-fringe-benefit-errors/) - As much as I love tax law, filling out another tax form isn’t high on my list of fun things to do. So when the IRS issues a form that isn’t legally required to complete, should you? If you are an employer that provides one or more fringe benefits to your employees, you may want
- [Wisconsin Court Re-affirms Employment At Will Principles](https://www.ruderware.com/wisconsin-court-re-affirms-employment-at-will-principles/) - A recent decision from the Wisconsin Court of Appeals has upheld the concept of “employment-at-will” and determined that an employment-at-will provision in an employment contract superseded company policies that provided alternative procedures to be followed when investigating inappropriate conduct of an employee. In a recent decision of the District IV Court of Appeals, the Court
- [Federal Court Reverses NLRB “Positive Work Environment” Handbook Decision](https://www.ruderware.com/federal-court-reverses-nlrb-positive-work-environment-handbook-decision/) - The National Labor Relations Board (NLRB) created controversy a couple of years ago when it ruled that handbook policies maintained by T-Mobile USA requiring employees to maintain a positive work environment were illegal because they could be seen as having a chilling effect on employees’ unionizing and collective bargaining rights. Last week, the U.S. 5th
- [Eligibility for Overtime Pay – Redo?](https://www.ruderware.com/eligibility-for-overtime-pay-redo/) - Recent action taken by the Department of Labor has started to signal the likely “redo” of the Fair Labor Standards Act regulations regarding overtime pay and which employees are eligible for overtime pay. The Department of Labor issued a Request for Information document that asks employers to respond to a series of questions on overtime
- [Recent Bankruptcy Decision from the Western District of Wisconsin Discusses Negative Equity, Car Loans, and the Chapter 13 Cram Down](https://www.ruderware.com/recent-bankruptcy-decision-from-the-western-district-of-wisconsin-discusses-negative-equity-car-loans-and-the-chapter-13-cram-down/) - A quick introduction for those of you who are not bankruptcy nerds. For certain types of collateral, Chapter 13 allows a Debtor to reduce a secured creditor’s claim down to the value of the collateral. This is called “cram down.” But, there are certain limits on the Debtor’s “cram down” powers. For example, the Debtor
- [Right-to-Work Law Upheld](https://www.ruderware.com/right-to-work-law-upheld/) - Without much fanfare, the Seventh Circuit Court of Appeals has upheld the Wisconsin Right-to-Work Law. The Right-to-Work Law passed in Wisconsin is similar to a law passed in Indiana and holds that a company may not enter into a labor agreement with a union representing company employees that requires the employees to join the union
- [Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit](https://www.ruderware.com/attempted-end-run-around-wisconsins-exclusive-remedy-of-workers-compensation-fails-in-asbestos-litigation-in-the-seventh-circuit/) - Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in an asbestos case in Pecher v. Owens-Illinois, Inc. 859 F.3d 396 (2017), which was decided on June 6, 2017. The case
- [A Seemingly Important Win for Wisconsin Worker’s Compensation Insurance Carriers and Employers](https://www.ruderware.com/a-seemingly-important-win-for-wisconsin-workers-compensation-insurance-carriers-and-employers/) - On its face the decision of the Wisconsin Supreme Court in Flug v. LIRC, 2017 WI 72 (decided on June 30, 2017), is a clear, important win for the employer side in common injuries that involve pre-existing degenerative conditions. The general circumstances presented in Flug are familiar. In that case, a forty-three year old retail
- [Condominium Issue with Long-Term Tax-Exempt Bond Financing](https://www.ruderware.com/condominium-issue-with-long-term-tax-exempt-bond-financing/) - We recently helped a client complete long-term tax-exempt bond financing of a portion of a mixed-use condominium. These projects raise interesting issues. Long story short, if you find yourself in a similar situation, you need to be very careful as to how you document costs and how you define each condominium element. Quick, simplified background:
- [Wisconsin Supreme Court Rules on Appleton School District Open Meetings Law](https://www.ruderware.com/wisconsin-supreme-court-rules-on-appleton-school-district-open-meetings-law/) - In a unanimous and much-anticipated decision released today, the Wisconsin Supreme Court ruled that a committee of school personnel formed to review materials for a high school course under a procedure set forth in school board rules is a “governmental body” subject to the Wisconsin Open Meetings Law. The case (Krueger v. Appleton Area School
- [Antitrust Challenge to Narrow Network Products – 7th Circuit Rules in Favor of Exclusive Agreement](https://www.ruderware.com/antitrust-challenge-to-narrow-network-products-7th-circuit-rules-in-favor-of-exclusive-agreement/) - The health care market has recently seen a resurgence in narrow network products. To a significant degree, the resurgence of these products has been driven by the need for managed care plans looking for new avenues to help reduce the cost of care. Traditionally, health care plans have been able to manipulate risk through exclusion
- [Medicaid Fraud Control Units Report Focus on Personal Care Services](https://www.ruderware.com/medicaid-fraud-control-units-report-focus-on-personal-care-services/) - The Department of Health and Human Services (HHS) Office of Inspector General (OIG) has released a report summarizing activities of State Medicaid Fraud Control Units (MFCUs or Units) for fiscal year 2016. The OIG is the designated Federal agency for oversight of state MFCUs. The report found a total of 1,564 convictions of which approximately
- [Free Parking, Yes, But No Stark Law Claim](https://www.ruderware.com/free-parking-yes-but-no-stark-law-claim/) - A federal court recently dealt a victory to a health care provider over whistleblower allegations that free parking and valet service at a medical office building violated the Stark Law and the Anti-Kickback Statute. In Bingham v. BayCare Health System (No. 8:14-cv-73, M.D. Fla.), a federal district judge adopted the report and recommendation of a
- [Joint Employer Status Rebuffed?](https://www.ruderware.com/joint-employer-status-rebuffed/) - Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be considered an employee of the hiring company. The past Department of Labor issued various memos that indicated a crackdown on independent contractor
- [Forfeitures for Ordinance Violations - When Are They Excessive?](https://www.ruderware.com/forfeitures-for-ordinance-violations-when-are-they-excessive/) - An age-old problem faced by municipal officials is what to do about residents and landowners who fail to take care of their properties and allow junk, debris, and other unsightly items to accumulate. This often leads to citizen complaints and even health and safety issues. When municipalities take enforcement action against such properties, they usually
- [Protected Employee Must Notify Employer of Need for Time Off](https://www.ruderware.com/protected-employee-must-notify-employer-of-need-for-time-off/) - A recent decision in the Northern District of California highlighted the importance of employers applying a consistent rule that employees must notify the employer if they are unable to report to work, even if the employee suffers from a disabling condition. In a recent decision, the Federal Court Judge held that a Company properly terminated
- [Unemployment Benefits Cannot Be Denied Based on Eight Cash Transaction Inadvertent Errors Out of 80,000 Transactions in a 21-Month Period](https://www.ruderware.com/unemployment-benefits-cannot-be-denied-based-on-eight-cash-transaction-inadvertent-errors-out-of-80000-transactions-in-a-21-month-period/) - The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well. The case is Operton v. Labor and Industry Review Commission, 2017 WL 1743039. In doing so the Supreme Court affirmed the ruling of the Wisconsin Court of Appeals, which
- [OSHA Extends Deadline for Electronically Submitting Worker Injury and Illness Records](https://www.ruderware.com/osha-extends-deadline-for-electronically-submitting-worker-injury-and-illness-records/) - The Occupational Safety and Health Administration (OSHA) announced on May 17, 2017 that the deadline for employers with 250 and more employees to electronically submit information from their 2016 Form 300A to OSHA is being extended. Under the electronic reporting rule that went into effect on January 1, 2017, the original deadline was to be
- [One Racial Slur Constitutes Harassment?](https://www.ruderware.com/one-racial-slur-constitutes-harassment/) - A recent decision from the Second Circuit Court of Appeals in New York has again opened the door to questions about hostile work environment and racial harassment. The particular question addressed in this court decision was whether one racial epitaph (use of the “n-word”) would support a claim for racial harassment and the creation of
- [Lessons from OCR HIPAA Settlements - Mobile Device Security Standards](https://www.ruderware.com/lessons-from-ocr-hipaa-settlements-mobile-device-security-standards/) - In the first known case involving a wireless provider, a cardiology service provider agreed to pay a $2.5 million settlement based on the impermissible disclosure of unsecured electronic protected health information (ePHI). The company provides remote mobile monitoring of and rapid response to patients at risk for cardiac arrhythmias. The company disclosed to the Office
- [Repayment and Self Disclosure of Known Overpayments](https://www.ruderware.com/repayment-and-self-disclosure-of-known-overpayments/) - Timeframes for Making Repayment to the Government The 60-day repayment rule adopted as part of the Affordable Care Act is a very strong arrow in the quiver of federal enforcement agencies. Under the 60-day rule a known overpayment can become a False Claim if it is not repaid or if a self-disclosure is not filed
- [OCR Settlement Lessons - Failing to Perform an Electronic Access Risk Analysis Before an Unauthorized Access Occurs](https://www.ruderware.com/ocr-settlement-lessons-failing-to-perform-an-electronic-access-risk-analysis-before-an-unauthorized-access-occurs/) - Failure to conduct a risk assessment before a hacking incident occurred resulted in a $400,000 settlement between the Office of Civil Rights (OCR) and a Federally Qualified Health Clinic (FQHC). The FQHC filed a breach report upon learning its employee emails had been hacked and the hacker had access to electronic health information of over
- [Seventh Circuit Court of Appeals Speaks Out on Employment Issues](https://www.ruderware.com/seventh-circuit-court-of-appeals-speaks-out-on-employment-issues/) - Several recent decisions by the Seventh Circuit Court of Appeals have set the tone for court decisions in the employment law field. The Seventh Circuit Court of Appeals covers a number of states in the Midwest, including Wisconsin, so the rulings are important for Wisconsin employers up to a point. The first decision involves sexual
- [Suggested Questions for the Compliance Officer](https://www.ruderware.com/suggested-questions-for-the-compliance-officer/) - In a previous blog post, I promised to release a list of questions a Board of Directors (Board) might ask its compliance officer. This post is intended to fulfill that promise. My intent is to help Board members exercise their oversight responsibility, assess the compliance officer, and further their understanding of the compliance program and
- [Exercising Board Oversight of the Compliance Function](https://www.ruderware.com/exercising-board-oversight-of-the-compliance-function/) - How the Board can Enhance Compliance Effectiveness The Board of Directors (Board) of an organization has oversight responsibilities over the compliance program. Board members are often unsure of the nature and scope of their responsibilities over compliance. The roll of many Boards is limited to receiving occasional updates from the compliance officer. Compliance is then
- [Disputing Inaccurate Reports Under the Physician Payment Sunshine Act](https://www.ruderware.com/disputing-inaccurate-reports-under-the-physician-payment-sunshine-act/) - The Affordable Care Act added the Physician Payment Sunshine Act (Sunshine Act) as section 1128G to the Social Security Act. The Sunshine Act requires applicable manufacturers of drugs, devices, biologicals, or medical supplies and certain group purchasing organizations to report annually to the Centers for Medicare & Medicaid Services (CMS) certain payments or items of
- [Sally Yates was Already Famous for Changing the Focus of Compliance Investigations  - The Yates Memorandum](https://www.ruderware.com/sally-yates-was-already-famous-for-changing-the-focus-of-compliance-investigations-the-yates-memorandum/) - By now the whole world knows about Sally Yates. We are likely to see a lot more of her as a central figure in Congressional investigations. For some of us who deal with compliance investigations, Sally Yates was famous long before her refusal to defend the immigration ban. She was the author of the famous
- [Exercising Reasonable Care to Identify and Address Potential Overpayments](https://www.ruderware.com/exercising-reasonable-care-to-identify-and-address-potential-overpayments/) - When the Center for Medicare and Medicaid Services (CMS) finally issued final regulations under the 60-day repayment rule, it implemented a new standard requiring a provider to affirmatively exercise reasonable diligence to identify potential overpayments. This was a change from the proposed regulations that held providers to a much lower affirmative duty to exercise diligence
- [Three Recent Fraud Cases Involving Dermatologists Illustrate Primary Compliance Risks in Dermatology Practices](https://www.ruderware.com/three-recent-fraud-cases-involving-dermatologists-illustrate-primary-compliance-risks-in-dermatology-practices/) - Three relatively recent cases involving dermatology billing practices illustrate some of the main compliance risks faced by dermatology practices. These risk areas include: Improper use of multiple removal CPT codes; Billing for “impossibly long days”; Failure to follow supervisions rules required to permit “incident to” billing; Creating incentives for overutilization; and Performing “outlier” levels of
- [Best Practices in Compliance Program Operation](https://www.ruderware.com/best-practices-in-compliance-program-operation/) - Given the increased importance of compliance, it is helpful for providers to get a feel for what constitutes “best practice” when operating a compliance program. “Best Practices” is a term thrown around all of the time in the business world. It is used in many contexts and takes on a variety of meanings depending on
- [CMS Extends Compliance Date for New Home Health Conditions of Participation](https://www.ruderware.com/cms-extends-compliance-date-for-new-home-health-conditions-of-participation/) - In February, we reported on revisions to the Conditions of Participation for Home Health Agencies (HHA) released by the Centers for Medicare & Medicaid Services (CMS). CMS has now proposed the effective date of new Conditions of Participation (CoP) be delayed by six months. The original effective date of the new regulations was July 13,
- [When to Use the OIG’s Self Disclosure Protocols](https://www.ruderware.com/when-to-use-the-oigs-self-disclosure-protocols/) - The HHS Office of Inspector General offers providers an opportunity to self-disclose certain violations in exchange for avoiding some of the more draconian penalties that may otherwise apply under applicable regulations. Even though the OIG’s Provider Self-Disclosure Protocols (“SDP”) can be very compelling, the decision whether to utilize the OIG’s self-disclosure protocols is often very
- [Compliance Budgeting – Put Your Money Where Your Mouth is](https://www.ruderware.com/compliance-budgeting-put-your-money-where-your-mouth-is/) - You have adopted your basic compliance policies and procedures, established a reporting system and visibly rolled out your new compliance program. Your board of directors has passed a resolution decisively stating its commitment to compliance. The CEO issued a letter stating her commitment to compliance and mandating every person in the organization follow the Code
- [When is a Physician Liable for Stark Law Violations?](https://www.ruderware.com/when-is-a-physician-liable-for-stark-law-violations/) - I frequently hear attorneys claim the Stark law applies equally to hospitals and physicians. This position is sometimes taken in the process of negotiating a transaction between a hospital and a physician or physician group. In this context it is limited to simple posturing to attempt to get a better financial deal in the negotiated
- [Wisconsin Unemployment Insurance Benefits Upon Discharge for Absenteeism – the Employer’s Policy May Be More Generous, But Not More Restrictive, Than the Statutory Default](https://www.ruderware.com/wisconsin-unemployment-insurance-benefits-upon-discharge-for-absenteeism-the-employers-policy-may-be-more-generous-but-not-more-restrictive-than-the-statutory-default/) - The Wisconsin Court of Appeals issued a decision in an unemployment insurance benefits case on March 8 that provides clarity where an employee is discharged for absenteeism. The case is Wisconsin Department of Workforce Development v. Wisconsin Labor and Industry Review Commission, et al (2017 WL 946724). In doing so the court of appeals described
- [Excluded Party Cases Dominate OIG Published Self Disclosure Settlements](https://www.ruderware.com/excluded-party-cases-dominate-oig-published-self-disclosure-settlements/) - In 2013, the HHS Office of Inspector General issued revised protocols outlining the process through which health care providers are able to self-disclose and resolve potential liability under the OIG’s civil monetary penalty (CMP) authorities. The 2013 Self Disclosure Protocols (SDP) clarified the process of self-disclosure and provided answers to some of the questions previously
- [2016 Bankruptcy Statistics for the Western District of Wisconsin: Overall Filings Decreased 5.5%, but Chapter 12 Farm Bankruptcies Increased 31%](https://www.ruderware.com/2016-bankruptcy-statistics-for-the-western-district-of-wisconsin-overall-filings-decreased-5-5-but-chapter-12-farm-bankruptcies-increased-31/) - The 2016 bankruptcy statistics tell an interesting story. While the total number of bankruptcy cases filed in 2016 in the Western District of Wisconsin (“WDW”) fell 5.5% to its lowest level in ten years, Chapter 12 farm bankruptcy cases actually increased 31% from 2015. Total Filings. There were 4,362 total bankruptcy cases filed in
- [Physician Practice Compliance Programs](https://www.ruderware.com/physician-practice-compliance-programs/) - In today’s environment of complex regulations, aggressive prosecution, exorbitant penalties, and hungry whistleblower attorneys, it is necessary for medical practices to maintain effective compliance programs. Failure to do so puts the practice at a great deal of unnecessary risk. Many or most practices will eventually make errors in their billing and collections or other regulatory
- [Faster Pace of Interest Rate Hikes](https://www.ruderware.com/faster-pace-of-interest-rate-hikes/) - As we indicated on February 16, 2017 the Federal Reserve is looking at interest rate hikes for 2017. At a speech in Chicago today Chairwoman Janet Yellen said it is likely the Federal Reserve will increase the federal funds rate in March, which was most recently increased in December from 0.50% to 0.75%. The stock
- [Setting Up Your Compliance Internal Reporting Mechanism](https://www.ruderware.com/setting-up-your-compliance-internal-reporting-mechanism/)
- [Recent Changes to Medicare “Incident To” Billing Rules](https://www.ruderware.com/recent-changes-to-medicare-incident-to-billing-rules/) - Medicare permits a physician to bill for certain services furnished by a nurse practitioner or other auxiliary personnel under what is referred to as the "incident to" billing rules. The "incident to" rules permit services or supplies furnished as an integral, although incidental, part of the physician's personal professional services in the course of diagnosis
- [The Case of the Very Very Impossibly Long, Terrible, Horrible, No Good, Very Bad Day](https://www.ruderware.com/the-case-of-the-very-very-impossibly-long-terrible-horrible-no-good-very-bad-day/) - How Fraud and Abuse Cases Arise in a Medical Practice It is no secret many doctors work very long days. Some days are worse and some are better than others. As a compliance lawyer, my job is to attempt to prevent doctors from having Terrible, Horrible, No Good, Very Bad Days. In my experience, this
- [Employee Absenteeism Due to Disability:  What are Reasonable Accommodations?](https://www.ruderware.com/employee-absenteeism-due-to-disability-what-are-reasonable-accommodations/) - One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of depression that affect the employee’s ability to come to work. It is almost impossible to challenge
- [Harassment Discrimination Covers the Waterfront](https://www.ruderware.com/harassment-discrimination-covers-the-waterfront/) - We have always been concerned about the extent to which employees or the Equal Employment Opportunity Commission (EEOC) could claim they were suffering from harassment in the workplace. Recent guidance from the EEOC clarifies its position regarding the extent of the types of harassment that could occur and for which employers will be held responsible.
- [Are You a Joint Employer?  Watch Out for Potential Liability](https://www.ruderware.com/are-you-a-joint-employer-watch-out-for-potential-liability/) - Many businesses today use other entities to provide employees for their business operations. This type of structure is often viewed as a good way for a company to avoid many of the pitfalls of being an employer under state and federal laws. A recent court ruling has redefined what it means to be a joint
- [Chiropractic Service Overpayment for Lack of Medical Necessity](https://www.ruderware.com/chiropractic-service-overpayment-for-lack-of-medical-necessity/) - Recent OIG Release Emphasizes Need for Compliance Policies Specific to Provider Risks The Office of Inspector General recently published results of its audit of Medicare claims for chiropractic services made by a chiropractic group in Kansas. The review concluded the groups received over $725,000.00 in overpayments in calendar years 2011 and 2012. In its report,
- [Department of Justice Issues Principles of an Effective Compliance Program](https://www.ruderware.com/department-of-justice-issues-principles-of-an-effective-compliance-program/) - The Department of Justice issued a directive entitled “Evaluation of Corporate Compliance Programs.” The document provides insight into the analysis used by the DOJ to assess the effectiveness of a corporate compliance program when making sentencing recommendations under the United States Sentencing Guidelines. The document references the Principles of Federal Prosecution of Business Organizations included
- [Autodialing and Pre-Recorded Messages: the TCPA’s Trap for Unwary Lenders and Debt Collectors](https://www.ruderware.com/autodialing-and-pre-recorded-messages-the-tcpas-trap-for-unwary-lenders-and-debt-collectors/) - In February 2015, a federal judge approved a $75 million Telephone Consumer Protection Act (“TCPA”) class settlement involving Capital One and three debt collectors.[1] The plaintiffs (debtors) alleged that Capital One and debt collectors called their phones to collect credit card debts using an automatic telephone dialing system or an artificial or pre-recorded voice without
- [CMS Recommendations Regarding Protection from Cybersecurity Risks](https://www.ruderware.com/cms-recommendations-regarding-protection-from-cybersecurity-risks/) - On January 13, 2017, the Centers for Medicare & Medicaid Services (CMS) issued Recommendations to Providers Regarding Cyber Security. In general, the Recommendations are intended to remind providers and suppliers to keep current with best practices regarding mitigation of cybersecurity attacks. The Recommendations contain an interesting discussion of some of the current cyber threats that
- [CMS Issues Proposed Rule to Increase Patients’ Health Insurance Choices for 2018](https://www.ruderware.com/cms-issues-proposed-rule-to-increase-patients-health-insurance-choices-for-2018/) - On February 17, 2017, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule aimed at reforming and stabilizing the individual and small group health insurance markets. When (or if) finalized, the proposed rule would make changes to special enrollment periods, the annual open enrollment period, guaranteed availability, network adequacy rules, essential community
- [Confidentiality of Alcohol and Drug Abuse Patient Records - Final Rule Revising Regulations](https://www.ruderware.com/confidentiality-of-alcohol-and-drug-abuse-patient-records-final-rule-revising-regulations/) - The Department of Health and Human Services (HHS) has released a final rule to update and modernize the Confidentiality of Alcohol and Drug Abuse Patient Records regulations effective February 17, 2017. The new regulations contain special confidentiality restrictions relating to information pertaining to patients receiving treatment for a substance use disorder under a Federal program.
- [Federal Reserve Reports Moderate Pace Growth, Rising of Inflation, and Potential Increase in Federal Funds Rate](https://www.ruderware.com/federal-reserve-reports-moderate-pace-growth-rising-of-inflation-and-potential-increase-in-federal-funds-rate/) - Chairwoman Janet Yellen presented her semi-annual report to the Senate Committee on Banking, Housing and Urban Affairs on February 15th where she testified that she expects the economy to continue to expand at a moderate pace with inflation gradually rising to two percent. She also stated that the monetary policy remains accommodative and strengthening due
- [Compliance Officer and Legal Counsel Relationships](https://www.ruderware.com/compliance-officer-and-legal-counsel-relationships/) - I am often asked my opinion whether a general counsel can also serve in the role of compliance officer. At first blush, it seems the general counsel would be a perfect fit for the role because of general knowledge of regulations applicable to the organization. Clients are often surprised when I tell them it is
- [Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit](https://www.ruderware.com/willful-permit-required-confined-space-entry-citation-upheld-by-the-seventh-circuit/) - On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the permit-required confined space entry standard. In doing so the Seventh Circuit discussed imputed knowledge to the employer, foreseeability of a supervisor’s misconduct,
- [OIG Report Indicates Areas of Hospice Fraud Vulnerability and Issues a Warning to Hospice Providers](https://www.ruderware.com/oig-report-indicates-areas-of-hospice-fraud-vulnerability-and-issues-a-warning-to-hospice-providers/) - The HHS Office of Inspector General recently released a report indicating deficiencies in hospice election statements and physician certification of patient eligibility for hospice care. Medicare hospice care provides help to patients who are terminally ill continue life with minimal disruptions. In order to qualify for hospice benefits, a physician must certify the patient is
- [Asking for Current Salary in Application?](https://www.ruderware.com/asking-for-current-salary-in-application/) - The City of Philadelphia has passed legislation that prohibits an employer from asking for the current salary of an applicant being considered for employment with a public or private employer. The theory behind this legislation is to prevent employers from excluding applicants who may be interested in a position even though the salary level of
- [Lessons Learned from Recent OCR Settlements](https://www.ruderware.com/lessons-learned-from-recent-ocr-settlements/) - We can learn some valuable lessons about compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) from settlements that are announced by the U.S. Department of Health and Human Services, Office for Civil Rights (OCR). These settlements give us guidance of issues OCR considered important as well as their interpretation of various
- [Limited Right to Ask for Discontinuance of Dues Deductions](https://www.ruderware.com/limited-right-to-ask-for-discontinuance-of-dues-deductions/) - A recent federal court decision in Madison has struck down a portion of the Right-to-Work law applicable to all employers in Wisconsin. Under this decision by U.S. District Judge William Conley, the Court has issued a permanent injunction stopping employers from following the language in Section 111.06(1)(i) of the Wisconsin Statutes. This provision of the
- [National Origin Discrimination – A New Frontier?](https://www.ruderware.com/national-origin-discrimination-a-new-frontier/) - Immigration law is said to be the next major debate in both state legislatures and Congress. While that debate will focus on the rights of immigrants to gain legal status in our country, employers can anticipate many new issues arising under national origin discrimination. I wrote about this topic several weeks ago, but now see
- [Christmas Disability?](https://www.ruderware.com/christmas-disability/) - I have written over the year regarding disability discrimination and the notion that an employer can be subject to a discrimination complaint under both state and federal law if the employer “perceives” an individual to be disabled and unable to perform the duties of his/her position. I often wonder if the public “perceives” Santa Claus
- [OSHA’s Final Rule Clarifying (and Confirming) the Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness](https://www.ruderware.com/oshas-final-rule-clarifying-and-confirming-the-employers-continuing-obligation-to-make-and-maintain-an-accurate-record-of-each-recordable-injury-and-illness/) - OSHA has always taken the position that the duty to record accurate and complete injuries and illnesses is a continuing duty. OSHA concedes, however, “that its recordkeeping regulations were not clear with respect to the continuing nature of employers’ recordkeeping obligations.” OSHA has now issued a Final Rule that clarifies the continuing nature of the
- [Automobile Dealerships and Part Suppliers:  Unintended Consequences in Whistleblower Rules?](https://www.ruderware.com/automobile-dealerships-and-part-suppliers-unintended-consequences-in-whistleblower-rules/) - OSHA enforces laws that protect whistleblowers under 22 whistleblower statutes ranging from the Asbestos Hazard Emergency Response Act to the Wendell H. Ford Aviation Investment Reform Act for the 21st Century. This article focuses on OSHA’s final rule under one of those statutes, the Moving Ahead for Progress in the 21st Century Act (“MAP-21”), as
- [Be Prepared Before Your Borrower Files a Farm Bankruptcy](https://www.ruderware.com/be-prepared-before-your-borrower-files-a-farm-bankruptcy/) - How prepared are you for a workout or Chapter 12 farm bankruptcy filed by your Borrower? Make it your New Year’s Resolution to know the answer to these questions about your Borrower. Do you conduct regular file reviews? Regular loan file reviews can be used as tools to increase certainty as to collateral priority and
- [More Overtime or Not?](https://www.ruderware.com/more-overtime-or-not/) - The table is set for a fight over whether or not more employees will be eligible for overtime pay as a result of the Department of Labor regulation changing the qualifications to be an exempt employee. President-Elect Trump has nominated Andrew Puzder to serve as Secretary of the Department of Labor. He has made it
- [Perceived National Origin Discrimination Can be Pitfall for Employers](https://www.ruderware.com/perceived-national-origin-discrimination-can-be-pitfall-for-employers/) - I have always struggled with the notion of “perceived” discrimination and whether an employer has actually discriminated against an employee because they perceive the employee to be disabled or of a different national origin or something else. The EEOC recently issued updated Enforcement Guidance on national origin discrimination and concluded that national origin discrimination includes
- [Federal Judge Refuses to Block New OSHA Anti-Retaliation Rule from  Taking Effect Tomorrow](https://www.ruderware.com/federal-judge-refuses-to-block-new-osha-anti-retaliation-rule-from-taking-effect-tomorrow/) - A federal judge has refused to issue a preliminary injunction to block OSHA’s new anti-retaliation and discrimination rule from taking effect as scheduled. This means that tomorrow, December 1, the rule prohibiting employers from retaliating or discriminating against employees for reporting workplace injuries and illnesses will take effect. Multiple plaintiffs have sued OSHA in federal
- [Breaking News: Texas Judge Delays Overtime Rule!](https://www.ruderware.com/breaking-news-texas-judge-delays-overtime-rule/) - Late today, a Texas federal district court judge issued a ruling that DELAYS the Department of Labor’s proposed overtime rule that was set to go into effect on December 1. This means that a hearing will be scheduled to determine whether or not the DOL exceeded its authority in issuing the Rule that would increase
- [Western District of Wisconsin Ranks 3rd in Chapter 12 Farm Bankruptcy Filings](https://www.ruderware.com/western-district-of-wisconsin-ranks-3rd-in-chapter-12-farm-bankruptcy-filings/) - The harvest is plenty, but with corn at $3/bushel, soybeans at $9/bushel, and milk at $15-$16/hundred weight, the profits are few. Did you know that in 2015 and 2016, the Western District of Wisconsin ranks 3rd (out of 94 federal judicial districts) for most Chapter 12 farm bankruptcy filings? In 2015, the Western District of
- [False Claims Act Basics – Known Overpayment Becomes False Claim](https://www.ruderware.com/false-claims-act-basics-known-overpayment-becomes-false-claim/) - The Federal False Claims Act (“FCA”) provides a very strong enforcement tool to the federal government. The FCA also provides the opportunity for whistleblowers to bring “qui tam” cases and collect a portion of the recovery where false claims are proved against the federal government. FCA recovery was originally intended to provide a remedy against
- [Provider Self-Disclosure Decisions – Voluntary Disclosure Process](https://www.ruderware.com/provider-self-disclosure-decisions-voluntary-disclosure-process/) - The decision whether or not to voluntarily disclose non-compliance to the government can be very difficult. Not every case is clear. Clearly not every situation where there has been a billing error amounts to fraud or wrongdoing requiring use of the self-disclosure protocol. Many overpayments that are identified through audit can be dealt with at
- [When Does An Overpayment Become Fraud?  How Simple Inattention Can Expose You to Penalties for Fraudulent Activities](https://www.ruderware.com/when-does-an-overpayment-become-fraud-how-simple-inattention-can-expose-you-to-penalties-for-fraudulent-activities/) - If you are involved in any way in the health care system, it should be obvious by now that the government has committed ever increasing resources to the prosecution of fraud and abuse cases. Simply put, from a governmental standpoint, prosecuting fraud and abuse is good business. Every dollar the government puts into pursuing health
- [Recent Disability Discrimination Cases Outline Employer Responsibilities](https://www.ruderware.com/recent-disability-discrimination-cases-outline-employer-responsibilities/) - Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation. These decisions offer reminders for employers of the importance of recognizing potential disability claims and addressing them promptly. In the first decision, the Eighth Circuit Court of Appeals concluded that an employee
- [Congress Actually Agrees on Something: Bitcoin](https://www.ruderware.com/congress-actually-agrees-on-something-bitcoin/) - Shortly before Congress recessed for the November election, the House of Representatives overwhelmingly passed Rep. Adam Kinzinger’s (R-IL) resolution urging the United States to “adopt a national policy for technology to promote consumers’ access to financial tools and online commerce to promote economic growth and consumer empowerment.” The Resolution (H.Res. 835), without specifically referencing it
- [Lien Avoidance](https://www.ruderware.com/lien-avoidance/) - Have you made a business or agricultural loan to an individual in Wisconsin? Have you secured that loan with a non-purchase money, non-possessory lien on personal property that the debtor uses in his business? If you answered “yes” to both questions, then you should be aware (or at least reminded) that your debtor can avoid
- [CMS Releases the First Comprehensive Overhaul of Nursing Home Conditions of Participation in Over 25 Years](https://www.ruderware.com/cms-releases-the-first-comprehensive-overhaul-of-nursing-home-conditions-of-participation-in-over-25-years/) - On October 4, 2016, the Center for Medicare and Medicaid Services (CMS) published a final rule to revise the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs. CMS states that the revisions to nursing home regulations are intended to reflect the substantial advances that have been made in
- [Lincoln’s Law Becomes Even More Absurd When Applied to the Health Care Industry](https://www.ruderware.com/lincolns-law-becomes-even-more-absurd-when-applied-to-the-health-care-industry/) - When Congress originally passed the False Claims Act (31 USC §§ 3729-3733), no one had the health care system in mind. The False Claims Act was also commonly referred to as the “Lincoln Law”. The original law was focused on unscrupulous vendors who provided overpriced and often faulty supplies to the military during the Civil
- [Tortious Interference with Contract/Employment Relationship/Truthfulness of Statements/Defense to Tort Claim](https://www.ruderware.com/tortious-interference-with-contract-employment-relationship-truthfulness-of-statements-defense-to-tort-claim/) - A recent ruling from the Seventh Circuit Court of Appeals extended the notion of “truth as a defense” to a tortious interference with employment claim under Wisconsin law. This establishes a sound defense to a claim by an employee against other employees that they have tortiously interfered with the employee’s contract for employment with a
- [NLRB Gives It the Old College Try – Again Hints that Athletes May Indeed Be Employees](https://www.ruderware.com/nlrb-gives-it-the-old-college-try-again-hints-that-athletes-may-indeed-be-employees/) - Labor and employment practitioners will undoubtedly recall the NLRB’s well-publicized foray last year into the ongoing public debate surrounding whether certain college athletes should be considered compensated employees—Northwestern University, 362 NLRB No. 167 (Aug. 17, 2015). Through Northwestern University, the Board punted—but left open—the substantive issue of whether private university, grant-in-aid scholarship football players meet
- [Hairstyle Is Not a Protected Category but Sexual Orientation Likely Is](https://www.ruderware.com/hairstyle-is-not-a-protected-category-but-sexual-orientation-likely-is/) - Several recent decisions have opened the door to further scrutiny regarding discrimination and the basis for a finding of discriminatory conduct by an employer. These decisions continue to show the volatility of discrimination claims and determinations of whether or not an employee can claim discrimination based on company actions. In one court decision, it was
- [Recognition of Same-Sex Marriage Officially the Tax Law of the Land](https://www.ruderware.com/recognition-of-same-sex-marriage-officially-the-tax-law-of-the-land/) - Effective tomorrow, September 2, 2016, new IRS final regulations will take effect which provide that for federal tax purposes, the terms “spouse,” “husband,” and “wife” mean an individual lawfully married to another individual. The terms “husband and wife” mean two individuals lawfully married to each other. Lawful marriage means the marriage is recognized by the
- [Agreement Prohibiting Solicitation of Employees by Former Employee  may be Unenforceable](https://www.ruderware.com/agreement-prohibiting-solicitation-of-employees-by-former-employee-may-be-unenforceable/) - A recent decision from the Wisconsin Court of Appeals has raised serious questions regarding non-solicitation agreements that are often included as part of an employment agreement or severance agreement. A non-solicitation agreement typically prohibits a departing employee from soliciting to hire other employees of your company to go to work for a competitor or for
- [Employers Who “Usually” Employ 3 or More Employees:  the Threshold for Mandatory Worker’s Compensation in Wisconsin](https://www.ruderware.com/employers-who-usually-employ-3-or-more-employees-the-threshold-for-mandatory-workers-compensation-in-wisconsin/) - In general (i.e. non-farm) employment, Wisconsin’s Worker’s Compensation Act becomes mandatory for employers under either of two circumstances. In the event such an employer pays $500 in wages during any calendar quarter, worker’s compensation becomes mandatory on the 10th day of the next quarter. That’s a “bright line” rule. Alternatively, worker’s compensation becomes mandatory when
- [Collegiality in the Workplace – Not Authorized by NLRB](https://www.ruderware.com/collegiality-in-the-workplace-not-authorized-by-nlrb/) - Collegiality in the workplace is the goal of every employer in order to provide the proper atmosphere for productive employees. Many employers have taken this desire to heart by publishing rules that encourage collegiality amongst employees and prohibit conduct that would adversely affect morale in the workplace. A recent ruling by the National Labor Relations
- [Payment for Not Taking Benefits – Additional Compensation](https://www.ruderware.com/payment-for-not-taking-benefits-additional-compensation/) - A recent decision in the Ninth Circuit Court of Appeals has highlighted another problem with determining the rate of pay for paying overtime hours worked by non-exempt employees. Under the Fair Labor Standards Act, employees are required to be paid time and one-half their regular rate of pay when they work more than 40 hours
- [Withdrawal of Recognition of Union – Automatic Complaint](https://www.ruderware.com/withdrawal-of-recognition-of-union-automatic-complaint/) - Recent action by the National Labor Relations Board has challenged a long-standing labor precedent that may directly affect Wisconsin companies because of the implementation of the Wisconsin Right-to-Work Law. Because of the Right-to-Work Law, many companies with union representation of its employees are learning the employees no longer support the union and are withdrawing the
- [New Wisconsin Organ and Bone Marrow Donation Leave Law Becomes Effective July 1, 2016](https://www.ruderware.com/new-wisconsin-organ-and-bone-marrow-donation-leave-law-becomes-effective-july-1-2016/) - Some may have forgotten that on April 1, 2016, Governor Walker signed a new law providing qualifying employees with the right to take up to 6 weeks of unpaid leave from work in a 12-month period, to serve as bone marrow and organ donors. The new law, 2015 Wisconsin Act 345, becomes effective on July
- [NLRB to Unionized Employers - Hiring Permanent Strike Replacements is Not Always Lawful and Motive Now Matters](https://www.ruderware.com/nlrb-to-unionized-employers-hiring-permanent-strike-replacements-is-not-always-lawful-and-motive-now-matters/) - It is well settled that once a union exercises its weapon to engage in an economic strike, an employer is empowered to continue its business operations through hiring of permanent strike-replacement employees. Whether a strike-replacement employee is “permanent” for the purposes of the National Labor Relations Act involves a fairly technical analysis, and includes the
- [Assigning Bathrooms – Reasonable Accommodation?](https://www.ruderware.com/assigning-bathrooms-reasonable-accommodation/) - There has been a great deal of media coverage regarding how to accommodate a transgender employees’ use of bathrooms. Logic suggests that maintaining private bathrooms that would be available to any employee would be the most reasonable way to address this situation in the workplace. A 2015 decision in a case brought by the Equal
- [NLRB Judge Trumps Casino’s Employee Handbook E-Mail Policy](https://www.ruderware.com/nlrb-judge-trumps-casinos-employee-handbook-e-mail-policy/) - Last week, an administrative law judge for the National Labor Relations Board concluded that Rio All-Suites Hotel and Casino’s (“Rio”) employee handbook policy addressing “Use of Company Systems, Equipment, and Resources,” violated the National Labor Relations Act. The case is Ceasars Entertainment Corporation, No. 28-CA-060841. In Ceasars, the Board ALJ was called upon to review
- [Repeated Inadvertent Errors Do Not Constitute “Substantial Fault” For Unemployment Insurance (Or For Worker’s Compensation)](https://www.ruderware.com/repeated-inadvertent-errors-do-not-constitute-substantial-fault-for-unemployment-insurance-or-for-workers-compensation/) - “Substantial fault” is a new concept that may determine whether a terminated employee is eligible for unemployment insurance benefits. In 2013 the Wisconsin Legislature amended the unemployment insurance eligibility statute to create “substantial fault” as a basis to deny benefits; the new law took effect on January 5, 2014. On April 14, 2016, the Wisconsin
- [Is Obesity a Disabling Condition?](https://www.ruderware.com/is-obesity-a-disabling-condition/) - A recent decision from the 8th Circuit Court of Appeals addressed whether obesity automatically qualifies as a disability under the Americans with Disabilities Act. In a decision filed by an applicant for employment who was ultimately denied employment because of his severe weight and body mass index, the Court of Appeals held that obesity (in
- [NLRB Blogs](https://www.ruderware.com/nlrb-blogs/) - I have written a number of blogs regarding the position of the National Labor Relations Board relating to protected speech for employees. The NLRB and its General Counsel have been very aggressive in concluding that the conduct of employees should be considered protected free speech and an employee may not be terminated for such conduct.
- [What Does ADA Accessible Mean?](https://www.ruderware.com/what-does-ada-accessible-mean/) - In a recent blog, I wrote about the potential of litigation requiring a business to make its website ADA accessible. I noted that it is still not clear what a business may be required to do under this legal argument. A recent court decision in California has not clarified what a business may be required
- [Do Your Supervisors Actually Make Decisions?](https://www.ruderware.com/do-your-supervisors-actually-make-decisions/) - A recent decision of the Fourth Circuit Court of Appeals puts a spotlight on that question: Do your supervisors exercise discretion when supervising others? This question is important because the recent Court of Appeals decision held that several employees who were identified as supervisors actually did not exercise sufficient discretion to meet the definition of
- [Is Your Website Discriminatory?](https://www.ruderware.com/is-your-website-discriminatory/) - Yes, there have now been a number of lawsuits filed over whether or not a company’s website is accessible under the Americans With Disabilities Act. In many of these cases, the Department of Justice has joined in the lawsuit seeking to enforce Title III of the Americans With Disabilities Act. Companies are now considering whether
- [Disability Discrimination Lawsuits can be Expensive](https://www.ruderware.com/disability-discrimination-lawsuits-can-be-expensive/) - A recent settlement of a disability discrimination lawsuit against AT&T shows that a discrimination claim can be an expensive proposition. AT&T settled a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission by paying $250,000 to the Commission and re-instating an employee. The EEOC filed suit against AT&T for failing to provide a reasonable
- [Christmas in July?](https://www.ruderware.com/christmas-in-july/) - I am afraid to report that many employees will be receiving a significant Christmas present in July. The latest word is that the new FLSA regulations regarding exempt status will be issued in July and will be subject to a 60-day review period by Congress. This means we will be faced with addressing the exempt
- [Federal Court Upholds NLRB’s Decision that Picker Who Bickered is Protected Under the National Labor Relations Act](https://www.ruderware.com/federal-court-upholds-nlrbs-decision-that-picker-who-bickered-is-protected-under-the-national-labor-relations-act/) - Earlier this month, the federal U.S. Court of Appeals for the Seventh Circuit, which issues opinions that are controlling with respect to Wisconsin employers, determined that an employer’s decision to fire one of its workers violated the National Labor Relations Act. The employer at issue in the case is a staffing company that provided contingent
- [Supreme Court of Wisconsin Opens a Can: Rules Against Hormel in Donning and Doffing Case](https://www.ruderware.com/supreme-court-of-wisconsin-opens-a-can-rules-against-hormel-in-donning-and-doffing-case/) - On March 1, 2016, the Supreme Court of Wisconsin issued its opinion in UFCW Local 1473 v. Hormel Foods Corporation, found here. This is a pre-shift “donning” [putting on required clothes/equipment] and post-shift “doffing” [taking off required clothes/equipment] wage and hour case. The workers and their union argued that time spent “donning” and “doffing” at
- [Thurmond Rule Will Impact High Court Employment and Labor Law Decisions in Aftermath of Justice Scalia’s Death](https://www.ruderware.com/thurmond-rule-will-impact-high-court-employment-and-labor-law-decisions-in-aftermath-of-justice-scalias-death/) - In the aftermath of Supreme Court Justice Antonin Scalia’s recent death, many of my friends and colleagues have asked what Justice Scalia’s passing means to the future of significant employment and labor law cases. First, Justice Scalia’s death means that it is likely that the Supreme Court will be deadlocked 4-4, along ideological lines, when
- [Joint Employer Status](https://www.ruderware.com/joint-employer-status/) - On February 3, 2016, in Crew One Productions, Inc. v. NLRB, the US Court of Appeals for the Eleventh Circuit [which issues opinions that impact businesses in Alabama, Florida and Georgia] concluded that the NLRB misapplied the law concerning whether two separate employers may be treated as a single, joint employer for union organizing purposes.
- [Employer’s Modification to Employee Handbook Break Policy Was Unfair Labor Practice](https://www.ruderware.com/employers-modification-to-employee-handbook-break-policy-was-unfair-labor-practice/) - Often [at least within my respective circles of friends and co-workers],the National Labor Relations Board (NLRB) is criticized for its polemics of ipse dixit—“it is so because we say it is so.” Recently, one business advanced this same criticism through legally challenging the NLRB’s decision in federal appeals court. On February 9, 2016, the US
- [Company Websites May Tangle Up Employers in ADA Liability](https://www.ruderware.com/company-websites-may-tangle-up-employers-in-ada-liability/) - Does your company’s public business website create liability under the ADA? The short, lawyerly, answer is—“it depends.” Plaintiffs’ lawyers across the country are seizing upon Title III of the ADA [Places of Public Accommodation] as a basis for making threatening demands and filing lawsuits based on the claim that publicly-accessible business websites do not provide
- [Will Employers Be Surprised in July?](https://www.ruderware.com/will-employers-be-surprised-in-july/) - Recent statements from the Department of Labor Solicitor Patricia Smith have suggested that the new regulations being considered by the Department of Labor on the white collar exemptions from overtime will be published in July and become effective in September. This is an earlier date than was originally hinted at by Solicitor Smith in prior
- [NLRB Mails it In: Captive-Audience Speeches in Mail-Ballot Elections Now More Restrictive](https://www.ruderware.com/nlrb-mails-it-in-captive-audience-speeches-in-mail-ballot-elections-now-more-restrictive/) - For most companies that have experienced a union organizing campaign, the concept of “captive audience” speeches on the eve of a manual, secret-ballot election is very familiar. In this context, the National Labor Relations Board (“NLRB”) has long held that employers are generally prohibited from conducting massed captive-audience speeches within the 24-hour period prior to
- [Exclusive Remedy of Worker’s Compensation Bars State Law Claims for Emotional Distress](https://www.ruderware.com/exclusive-remedy-of-workers-compensation-bars-state-law-claims-for-emotional-distress/) - The federal District Court for the Eastern District of Wisconsin dismissed two state law emotional distress claims in a lawsuit based on the exclusive remedy provision of the Wisconsin Worker’s Compensation Act (WCA). The employee filed suit under the Americans with Disabilities Act (ADA) alleging that the failure of her employer to provide requested leave
- [New Proposed EEOC Guidelines on Retaliation](https://www.ruderware.com/new-proposed-eeoc-guidelines-on-retaliation/) - On January 21, 2016, the EEOC issued its Proposed Enforcement Guidance on Retaliation and Related Issues which is to be used as a reference for staff investigators on charges alleging retaliation and other related issues. The stated purpose of the guidance is to replace the EEOC’s 1998 Compliance Manual on Retaliation. While much of the
- [Caution, Caution – Are You a Joint Employer?](https://www.ruderware.com/caution-caution-are-you-a-joint-employer/) - Recent guidance from the Department of Labor has created a stir regarding two or more businesses that could be considered joint employers and thereby held jointly and severally responsible for complying with minimum wage and overtime pay requirements of the federal Fair Labor Standards Act. Under guidance issued by Wage and Hour Division Administrator, Dr.
- [Are Your Supervisors Really Supervisors?](https://www.ruderware.com/are-your-supervisors-really-supervisors/) - A recent decision from the Federal Fourth Circuit Court of Appeals has created some question regarding the definition of supervisor under the National Labor Relations Act (NLRA). In a recent, unpublished decision, the Fourth Circuit upheld the finding by the National Labor Relations Board (Board) that certain supervisors of the company did not actually qualify
- [ADA Protections in the Application Process](https://www.ruderware.com/ada-protections-in-the-application-process/) - A recent lawsuit filed by the Equal Employment Opportunity Commission is a reminder that employers have a duty to accommodate an applicant for employment if the applicant identifies the need for accommodations during the application/interview process. The EEOC recently sued McDonalds Corporation for its alleged refusal to interview a deaf job applicant. The applicant indicated
- [EEOC Fails to Claim That a Company’s  Wellness Program Violates the ADA](https://www.ruderware.com/eeoc-fails-to-claim-that-a-companys-wellness-program-violates-the-ada/) - A federal judge for the U.S. District Court for the Western District of Wisconsin has dismissed a claim by the Equal Employment Opportunity Commission (“EEOC”) that a company’s wellness program violates the American’s with Disabilities Act (“ADA”). The company, which has a manufacturing facility in Baraboo, Wisconsin, offered to its employees the ability to participate
- [Anhydrous Ammonia Release Kills Worker – U.S. DOJ Sues Company Under the Clean Air Act](https://www.ruderware.com/anhydrous-ammonia-release-kills-worker-u-s-doj-sues-company-under-the-clean-air-act/) - Companies that use anhydrous ammonia as a refrigerant may be regulated by the U.S. Environmental Protection Agency’s (“EPA”) Risk Management Plan program under the Clean Air Act and by OSHA’s Process Safety Management program under the Occupational Safety and Health Act. Section 112(r)(1) of the Clean Air Act provides that owners and operators of stationary
- [Boys of Summer Bring Wage and Hour Lawsuit:  Marks Beginning of Ideological Spring](https://www.ruderware.com/boys-of-summer-bring-wage-and-hour-lawsuit-marks-beginning-of-ideological-spring/) - Much ink has been spilled by those writing about the attention-grabbing, nationwide, consolidated wage and hour lawsuit brought by current and former minor-league professional baseball players. The case is Senne v. Office of the Commissioner of Baseball, Case No. 3:14-00608-JCS, venued within the federal U.S. District Court for the Northern District of California. As a
- [Private-Sector Unions Show No Meaningful Gain Despite Implementation of Quickie Election Rules](https://www.ruderware.com/private-sector-unions-show-no-meaningful-gain-despite-implementation-of-quickie-election-rules/) - The “quickie election” rules promulgated by the National Labor Relations Board have been in effect since April 14, 2015. Thus far, predictions have come true as the time it takes to file a union petition to the time of the election has been dramatically shortened. On the other hand, the number of petitions filed for
- [Worker’s Compensation Light Duty Programs for Occupationally Injured Employees and the ADA](https://www.ruderware.com/workers-compensation-light-duty-programs-for-occupationally-injured-employees-and-the-ada/) - Employers often establish a light-duty program that is reserved for employees who have work-related injuries or conditions during their healing periods. The hallmarks of these programs is that temporary light-duty work is reserved for those employees receiving temporary benefits under worker’s compensation. The rationale for this program is to help the employer comply with the
- [Employers Get Break For Now](https://www.ruderware.com/employers-get-break-for-now/) - In a surprise announcement, the Solicitor of Labor, Patricia Smith, has indicated the final rule on overtime eligibility being considered by the Department of Labor will likely not be declared final and implemented until late 2016. During a panel discussion at the American Bar Association’s Labor and Employment Law Conference, Solicitor Smith indicated there were
- [Court of Appeals Supports Handbook Rule Urging, But Not Requiring, Employees to Take Their Complaints Directly to Their Supervisor](https://www.ruderware.com/court-of-appeals-supports-handbook-rule-urging-but-not-requiring-employees-to-take-their-complaints-directly-to-their-supervisor/) - A recent decision by the D.C. Circuit U.S. Court of Appeals reversed in part the National Labor Relations Board’s order against a private-sector employer regarding its employee handbook employee-complaint provision finding that the handbook rule was lawful and did not implicate employees’ Section 7 rights under the National Labor Relations Act or otherwise prohibit employees
- [Court of Appeals Gives Protection to Employee “Like” of Negative Comments](https://www.ruderware.com/court-of-appeals-gives-protection-to-employee-like-of-negative-comments/) - A recent decision by the Second Circuit Court of Appeals has upheld the decision by the National Labor Relations Board that action taken by two employees on a Facebook page should be considered protected speech and therefore the employees should not have been terminated from employment. In this decision involving the Triple Play Sports Bar
- [Federal Judge Dismisses Lawsuit Regarding Tattoos](https://www.ruderware.com/federal-judge-dismisses-lawsuit-regarding-tattoos/) - A recent decision by a federal judge in Chicago has upheld the right of the City of Chicago to require police officers to cover visible tattoos while on duty. The Chicago Police Department implemented a Department policy that banned the display of tattoos while on duty. The City said this policy was necessary to insure
- [When it Comes to Criminal Background Checks, Honesty is the Best Policy (For Employers Too!)](https://www.ruderware.com/when-it-comes-to-criminal-background-checks-honesty-is-the-best-policy-for-employers-too/) - Last week I was asked to present, along with a panel of attorneys, to a group of law students. For a group of students facing a tough job market, the most common theme of the discussion related to the hiring process and how these students could maximize their likelihood of landing a job. The panel’s
- [Strength Exam May Cause Discrimination Complaint](https://www.ruderware.com/strength-exam-may-cause-discrimination-complaint/) - A recent news article reported that a trucking company has settled an age and sex discrimination charge filed by the Equal Employment Opportunity Commission over a strength exam that it used when hiring drivers for its business. The EEOC claimed that the strength test mandated by the company for truck driver applicants supported a claim
- [Grievance Award:  Missed Staff Meeting Results in Suspension](https://www.ruderware.com/grievance-award-missed-staff-meeting-results-in-suspension/) - In a grievance arbitration case, an employee of sixteen years, with no prior record of discipline, missed a mandatory one-hour staff meeting at work. Following an investigation, the private company suspended the employee for three days without pay. The union grieved and a hearing was conducted before a staff arbitrator with the WERC. The arbitrator
- [Beware of Past Practice Clauses in Collective Bargaining Agreements](https://www.ruderware.com/beware-of-past-practice-clauses-in-collective-bargaining-agreements/) - Last month, a staff arbitrator with the Wisconsin Employment Relations Commission (WERC) issued a grievance decision interpreting certain language in a collective bargaining agreement regarding past practices. The WERC is a Wisconsin state agency responsible for the oversight and enforcement of the state’s public and private sector labor laws, including the conducting of hearings throughout
- [Comparative MRIs Support IME Opinion](https://www.ruderware.com/comparative-mris-support-ime-opinion/) - The Wisconsin Court of Appeals has affirmed a Labor and Industry Review Commission (LIRC) decision that denied additional benefits for an initially conceded injury based on the independent medical examiner’s (IME) review of comparative MRIs. David Dollar had pre-existing degenerative joint disease, as confirmed by a 2009 MRI. On June 23, 2011, while at work
- [Electronic Signatures Expedite Union Election Petition](https://www.ruderware.com/electronic-signatures-expedite-union-election-petition/) - A recent pronouncement by General Counsel of the National Labor Relations Board has indicated that electronic signatures will be accepted on a union election petition filed with the NLRB. This clarification allows the union election process to be expedited to be even quicker than originally thought under the new “quickie election” rules promulgated by the
- [Discrimination Claim Over Hiring Process Settled](https://www.ruderware.com/discrimination-claim-over-hiring-process-settled/) - Target Corporation has agreed to pay $2.8 million to settle charges filed by the Equal Employment Opportunity Commission (EEOC) alleging that the hiring process used for certain professional positions disproportionately screened out applicants based on race and gender. Target Corporation paid this settlement without admitting liability based upon a claim by the EEOC that it
- [NLRB Rebuffed Again](https://www.ruderware.com/nlrb-rebuffed-again/) - The NLRB has again been rebuffed by the federal Court of Appeals in its pursuit of charges against employers for terminating employees due to the exercise of their protected speech rights. In a recent decision from the Eighth Circuit Court of Appeals, the Court of Appeals found (albeit in a split decision) that the NLRB
- [Disabling Condition? Protected Conduct?](https://www.ruderware.com/disabling-condition-protected-conduct/) - Two recent court decisions have opened the door for continued scrutiny on whether or not an individual is protected under the Americans With Disabilities Act. In a Nebraska Federal Court case, the District Court held that an employee was not protected because of her severe obesity but this case is on appeal to the 8th
- [The Quickie Elections Survive all Court Challenges](https://www.ruderware.com/the-quickie-elections-survive-all-court-challenges/) - The quickie election rule adopted by the National Labor Relations Board has survived the first stages of legal challenge as a Washington D.C. Federal District Court has found that the election rules do not violate protected rights of employers. Because of this, employers will continue to see increases in union election petitions filed by local
- [Court of Appeals Applies “Common Sense” to NLRB Decisions](https://www.ruderware.com/court-of-appeals-applies-common-sense-to-nlrb-decisions/) - Two recent decisions by the DC Circuit Court of Appeals (DC Circuit) have overturned National Labor Relations Board (NLRB) decisions and applied “common sense” in reviewing decisions from the Board. In both the decisions, the DC Circuit overturned a decision by the NLRB that found an employer to have committed unfair labor practices by the
- [Warning:  Independent Contractors May Be Employees](https://www.ruderware.com/warning-independent-contractors-may-be-employees/) - The Administrator of the US Department of Labor has issued guidance on determining whether an individual is an independent contractor or an employee of a company. This Interpretive Guidance goes a long way to declaring that the Department of Labor will be aggressively reviewing determinations of independent contractor status by a company and will likely
- [Fairly Debatable IME Report Defeats Bad Faith Claim in Worker’s Compensation](https://www.ruderware.com/fairly-debatable-ime-report-defeats-bad-faith-claim-in-workers-compensation/) - This scenario in worker’s compensation is familiar. A worker has a pre-existing, degenerating, and progressively deteriorating condition, in this case an old injury to his knee. Later, there’s an accident at work, shortly after which, knee surgery is required. The treating physician believes the work-injury necessitated the surgery and permanent partial disability. The independent medical
- [Cucumber Farm in a Pickle: Farm’s Classification of Migrant Workers as Independent Contractors Violates Wage and Hour Law](https://www.ruderware.com/cucumber-farm-in-a-pickle-farms-classification-of-migrant-workers-as-independent-contractors-violates-wage-and-hour-law/) - Recently, a federal appeals court determined that a cucumber farm violated the Fair Labor Standards Act when it classified its migrant laborers as independent contractors instead of employees, and failed to pay them the applicable minimum wage. The case is Perez v. D. Howes, LLC, No. 14-2026, --- F.3d ----, 2015 WL 3833529 (6th Cir.
- [U.S. Supreme Court Rules in King v. Burwell – Subsidies Available in All States](https://www.ruderware.com/u-s-supreme-court-rules-in-king-v-burwell-subsidies-available-in-all-states/) - The United States Supreme Court just held in the King v. Burwell case that taxpayers in states which have not established their own exchange are still entitled to the premium assistance subsidies. The challengers in the Burwell case had argued that the language in the Affordable Care Act which authorized subsidies was limited to states
- [I Hate my Boss - Disability?](https://www.ruderware.com/i-hate-my-boss-disability/) - A recent decision by an appellate court in California held that the inability of an employee to work with a particular supervisor because of anxiety and stress caused by oversight from the supervisor was not a disability under California Disability Discrimination Law. As a result, the company did not discriminate against an employee who was
- [Quickie Election Rules Increase Union Activity](https://www.ruderware.com/quickie-election-rules-increase-union-activity/) - The NLRB “quickie election” rules have been in effect for the past six weeks. As predicted, the implementation of these new rules has resulted in a significant increase in union election petitions. Under these new rules, the procedure to move from the filing of a petition to an actual election amongst employees takes approximately three
- [Accommodating Religious Practices – Use Your “Best Guess”](https://www.ruderware.com/accommodating-religious-practices-use-your-best-guess/) - The United States Supreme Court, in the recent Abercrombie & Fitch decision, has said employers must use their best guess to determine whether or not an employee (or applicant) wants or needs an accommodation for a legitimate religious belief. In this decision, the Supreme Court held that the clothing company violated the religious discrimination law
- [Arbitration Clauses and the Impact of Their Terms](https://www.ruderware.com/arbitration-clauses-and-the-impact-of-their-terms/) - The Wisconsin Supreme Court recently addressed the authority of circuit courts to assess and adjudge arbitration matters. In First Weber Group, Inc. v. Synergy Real Estate Group, LLC, 2015 WI 34 (March 24, 2015) determinations and rulings regarding multiple issues were made. In pertinent part, the parties ultimately disputed over an arbitration clause of their
- [Employer Waived the Exclusive Remedy Protection of Worker’s Compensation](https://www.ruderware.com/employer-waived-the-exclusive-remedy-protection-of-workers-compensation/) - The important protection that employers have under Wisconsin’s Worker’s Compensation Act is the exclusive remedy against employees for work-related accidents, conditions, or illnesses. While the employer enjoys near immunity from a civil suit, that protection can be waived. The Wisconsin Court of Appeals recently held that an employer had waived its exclusive remedy protection through
- [Are Employers Receiving A Special Christmas Gift This Year?](https://www.ruderware.com/are-employers-receiving-a-special-christmas-gift-this-year/) - Some commentators have suggested that the recent Republican vote will limit the activity of the National Labor Relations Board and avoid the potential for more activist activity from the Board. It is not clear, however, how the House and Senate can effectively limit the activism that has been predicted absent drastic legislative changes. As Christmas
- [Holiday Party - Celebration?](https://www.ruderware.com/holiday-party-celebration/) - Everyone is thinking about the holiday season. Many human resource professionals are wondering whether or not the company should sponsor a holiday party and what limits should be applied to such an event. The best answer is to be reasonable and to be more concerned about the safety of employees because of a potential disaster
- [NLRB Attacks Independent Contractor Status](https://www.ruderware.com/nlrb-attacks-independent-contractor-status/) - A recent decision by the National Labor Relations Board has attacked the test that is generally used to determine whether or not an individual is an independent contractor or is considered an employee eligible for voting to be represented by a union. In the recent decision of FEDEX Home Delivery, 361NLRB No. 55 (2014), the
- [Dealing with Employee Facebook Postings can be Dangerous](https://www.ruderware.com/dealing-with-employee-facebook-postings-can-be-dangerous/) - A number of recent decisions have laid out some of the risks related to employee Facebook postings and decisions by the employer to terminate an employee for inappropriate statements on Facebook. These decisions have involved constitutional challenges to a termination of a public employee for liking the Facebook page of a particular candidate for office,
- [Indiana Supreme Court Holds Right-to-Work Law is Constitutional](https://www.ruderware.com/indiana-supreme-court-holds-right-to-work-law-is-constitutional/) - Several months ago, there was a lot of media coverage about a law adopted by the Indiana Legislature known as the Right-to-Work law. This law provided that a union could not force union members to pay union dues or be required to join a union that represented employees at a company. This law was subject
- [Sex Discrimination of All Types Will Be Enforced](https://www.ruderware.com/sex-discrimination-of-all-types-will-be-enforced/) - The Equal Opportunity Employment Commission has filed a complaint against two different companies alleging discrimination against individuals because of their actions to change gender and allegations the employee was terminated because of such conduct. These are the first cases brought by the EEOC since it took the position in 2012 that transgender discrimination is prohibited
- [Caution:  Union Organizing Activity Can Come Quickly](https://www.ruderware.com/caution-union-organizing-activity-can-come-quickly/) - We have written several blogs about the recent activity of the National Labor Relations Board that directly affects union organizing efforts. Recent action by the NLRB has authorized the use of company e-mail for union solicitation communications by employees. The NLRB has also published major revisions to the union election rules which expedite the union
- [NLRB Changes Standard – Two Chances to Protect Employee Rights](https://www.ruderware.com/nlrb-changes-standard-two-chances-to-protect-employee-rights/) - A decision issued last week by the National Labor Relations Board significantly changed the “deferral standard” that was used by the NLRB when considering whether a grievance arbitration award properly addressed the protection of employee rights to communicate about union activities. In the recent decision of Babcock Wilcox Construction Co., Inc. the NLRB decided that
- [New Year Present from EEOC – Review of Wellness Programs](https://www.ruderware.com/new-year-present-from-eeoc-review-of-wellness-programs/) - As we think about Christmas presents, the EEOC recently announced its initiatives for the next year. One of those initiatives will be a review of wellness programs and the incentives that an employer provides to employees to participate in a wellness program. The EEOC is trying to coordinate the requirements of the Affordable Care Act
- [Working at Home May Not be a Reasonable Accommodation](https://www.ruderware.com/working-at-home-may-not-be-a-reasonable-accommodation/) - In May 2014, I wrote a blog indicating a federal court of appeals decision suggested that a permanent assignment to working at home may be a reasonable accommodation for an employee suffering from a disability. Another federal court of appeals, the Seventh Circuit Court of Appeals (which covers Wisconsin), has taken a different view of
- [Micro-Union Ruling is Start to Lengthy Legal Process](https://www.ruderware.com/micro-union-ruling-is-start-to-lengthy-legal-process/) - The National Labor Relations Board has confirmed an Administrative Law Judge (ALJ) decision that Macys, Inc. is obligated to bargain with a small bargaining unit of cosmetic and fragrance sales persons instead of holding that these employees have a community of interest with other Macys, Inc. employees and should not be in a separate (small)
- [Paying Overtime to Managers in 2015?](https://www.ruderware.com/paying-overtime-to-managers-in-2015/) - We are anticipating the Department of Labor will propose new regulations governing the payment of overtime to employees under the Fair Labor Standards Act. These new regulations, originally promised in November of 2014, will likely change the tests for determining whether or not an employee is exempt from the overtime pay requirements. The result of
- [And Now There are Five](https://www.ruderware.com/and-now-there-are-five/) - The United States Senate has confirmed Lauren McFerran as the fifth member of the National Labor Relations Board. The Board now stands fully staffed with a majority being labeled pro-employee. This means “beware” for employers. The confirmation of Lauren McFerran as Obama’s appointment to the National Labor Relations Board sets the stage for more pro-union
- [Independent Contractor, Not Employee?](https://www.ruderware.com/independent-contractor-not-employee/) - There has been a lot of discussion about independent contractor status and initiatives by the Department of Labor to investigate whether a particular worker has been improperly classified as an independent contractor and not an employee of a company. The State of Wisconsin has signed on to cooperate directly with the Department of Labor in
- [Sticks and Stones Can Break My Bones But Words Will Never Hurt Me….Unless I Work in California!](https://www.ruderware.com/sticks-and-stones-can-break-my-bones-but-words-will-never-hurt-me-unless-i-work-in-california/) - A California law that recently took effect requires company supervisors to undergo anti-bullying training. Mandated training is nothing new for California employers. Since 2005, California has required employers with 50 or more employees to conduct sexual harassment training of supervisors within 6 months of assuming a supervisory position and biennially thereafter. However, the new law
- [Must Companies “Ban the Box” in Wisconsin?](https://www.ruderware.com/must-companies-ban-the-box-in-wisconsin/) - “Ban the box” legislation has become popular throughout the country. Fifteen states and a number of local jurisdictions have adopted legislation that involves arrest and conviction record discrimination and specifically “bans the box" that must be checked on an employment application if an applicant has been arrested or convicted of a crime. Many employers have
- [What You Do During A Meal Break May Mean More Pay](https://www.ruderware.com/what-you-do-during-a-meal-break-may-mean-more-pay/) - A recent decision from the Sixth Circuit Court of Appeals addressed whether employees performing certain activities during a meal break must be compensated in the form of pay for that work. Fortunately, the Court of Appeals held in favor of the employer when security guards were asking for pay while on a meal break because
- [Wisconsin Court of Appeals Allows “Stacking” for Revision Prosthetic Procedures](https://www.ruderware.com/wisconsin-court-of-appeals-allows-stacking-for-revision-prosthetic-procedures/) - The Wisconsin Court of Appeals issued its decision on February 4 in a consolidated appeal that allows permanent partial disability benefits to be “stacked” where revision prosthetic surgical procedures were necessary. The effect of the ruling is to double permanent partial disability benefits. Three workers had prostheses resulting from compensable industrial injuries: John Blasius had
- [A Quick Fix to the Quickie Election Rules?](https://www.ruderware.com/a-quick-fix-to-the-quickie-election-rules/) - The United States Chamber of Commerce and several trade associations have filed a motion for summary judgment in a federal court in Washington D.C. seeking to overturn the “quickie election” rules recently adopted by the National Labor Relations Board. These rules are scheduled to go into effect on April 14 and are designed to create
- [Retaliation Claims are at the Top](https://www.ruderware.com/retaliation-claims-are-at-the-top/) - A recent report issued by the Equal Employment Opportunity Commission shows that retaliation claims are the largest number of claims that are brought to the EEOC for consideration. Sex discrimination claims rank second and disability discrimination claims rank third, but for the second year, retaliation claims are the most prevalent claims that are brought to
- [U.S. Supreme Court will Answer the Question of  Who Must Give Notice of an Accommodation](https://www.ruderware.com/u-s-supreme-court-will-answer-the-question-of-who-must-give-notice-of-an-accommodation/) - Yesterday, the United States Supreme Court heard oral argument in a religious discrimination case that asks the question whether an employee/applicant needs to request an accommodation of religious beliefs in order for an employer to be required to consider an accommodation. In this case, an applicant for a position with Abercrombie Fitch Stores, Inc. appeared
- [Right-to-Work Legislation and the Union “Free-Rider” Conundrum:  The Rest of the Story](https://www.ruderware.com/right-to-work-legislation-and-the-union-free-rider-conundrum-the-rest-of-the-story/) - This week, the Wisconsin State Senate passed the much maligned “right-to-work” bill—which now moves onto the State Assembly [and is anticipated to be signed into law by Governor Walker]. In reading about the controversial legislation, and talking to friends and colleagues about it too, I’ve repeatedly heard about one of the arguments against the proposed
- [Worker’s Compensation Death Benefits:  17-Year-Old Dairy Farm Worker Killed](https://www.ruderware.com/workers-compensation-death-benefits-17-year-old-dairy-farm-worker-killed/) - This post describes the worker’s compensation aspect of a tragic death—a 17-year-old boy was crushed when he was caught between a gate and a building while herding cows, according to OSHA’s Fatality/Catastrophe Weekly Incident Reports (11/28/2010). The worker, Juan Camacho, had worked at his employer’s dairy farm in Clark County for about two weeks before
- [Quickie Election Rules Likely Veto of Legislation](https://www.ruderware.com/quickie-election-rules-likely-veto-of-legislation/) - On March 19, the U.S. House of Representatives passed a resolution to block the National Labor Relations Board from implementing the “quickie election” (or “ambush election”) rule. This legislation was previously approved by the U.S. Senate and now goes to the President for consideration. It is likely the President will veto this legislation which means
- [Light-Duty for Pregnant Employees – The Story Continues](https://www.ruderware.com/light-duty-for-pregnant-employees-the-story-continues/) - On Wednesday, the United States Supreme Court overturned a decision from the 4th Circuit Court of Appeals that granted summary judgment to United Parcel Service dismissing a claim by an employee for pregnancy discrimination. The U.S. Supreme Court overturned the Court of Appeals decision and kept alive a claim by a pregnant employee that the
- [Interacting with the Public is a Disability?](https://www.ruderware.com/interacting-with-the-public-is-a-disability/) - A recent decision from the 4th Circuit Court of Appeals has opened the door for a lawsuit by an employee claiming that she suffered from a “social anxiety disorder” which impacted her ability to have personal interaction with others. In a decision involving the North Carolina Administrative Office of the Courts, an employee has claimed
- [Federal Court Says Working From Home is Not Automatic Accommodation](https://www.ruderware.com/federal-court-says-working-from-home-is-not-automatic-accommodation/) - A recent decision by the Sixth Circuit Court of Appeals held that the Equal Employment Opportunity Commission failed in its claim that Ford Motor Company violated the Americans With Disabilities Act by failing to accommodate an employee with irritable bowel syndrome when the employee requested to work from home on four days of the work
- [Adjust Job Duties](https://www.ruderware.com/adjust-job-duties/) - A recent decision by the 7th Circuit Court of Appeals has reaffirmed the duty of employers to consider minor adjustments to job duties as a reasonable accommodation under the Americans with Disabilities Act. This decision, while dealing with the ADA, reinforces the position taken by the Equal Right Division in Wisconsin that adjustment of work
- [U.S. Supreme Court Reviews Notice Requirement](https://www.ruderware.com/u-s-supreme-court-reviews-notice-requirement/) - The United States Supreme Court has agreed to review a decision on a case brought by the Equal Employment Opportunity Commission against national clothing retailer Abercrombie & Fitch Stores, Inc. which focuses on the duty of an employee to request an accommodation for religious beliefs. This decision will have a significant impact on employers and
- [If You Are A Federal Contractor/Sub-Contractor Your Workers Got a Boost In Pay: $10.10 New Minimum Wage for Workers on Federal Contracts](https://www.ruderware.com/if-you-are-a-federal-contractor-sub-contractor-your-workers-got-a-boost-in-pay-10-10-new-minimum-wage-for-workers-on-federal-contracts/) - On February 12, 2014, President Obama signed Executive Order 13658, "Establishing a Minimum Wage for Contractors," to raise the minimum wage to $10.10 for all workers on Federal construction and service contracts. The President took this executive action because boosting wages lowers turnover and increases morale, and will lead to higher productivity overall. Raising wages
- [EEOC Brings More Complaints](https://www.ruderware.com/eeoc-brings-more-complaints/) - I have written over the past several months regarding the activism at the Equal Employment Opportunity Commission. The beat goes on. Several recent complaints have been filed by the Equal Employment Opportunity Commission seeking to protect employees from alleged discriminatory conduct by an employer. In the first case, the EEOC filed suit over alleged sex
- [Bring Your "Comfort Animal" to Work - Everyday?](https://www.ruderware.com/bring-your-comfort-animal-to-work-everyday/) - I am familiar with the national movement of "bring your child to work," but now I am wondering if we will have a national movement to bring your "comfort animal" to work. A recent federal court decision in Hawaii held that an employer may have discriminated against an employee based upon his depression and adjustment
- [EEOC Strikes Again](https://www.ruderware.com/eeoc-strikes-again/) - I mentioned in a blog several weeks ago that summer was gone and the EEOC was embarking upon a renewed effort to flex its muscles and pursue claims designed to limit the rights of employers. The EEOC has acted again by bringing a lawsuit against a California company challenging the language in an employee information
- [Decision on "Like" Facebook Protection is Appealed](https://www.ruderware.com/decision-on-like-facebook-protection-is-appealed/) - I recently blogged about a decision from the National Labor Relations Board holding that an action by a worker to "Like" a comment on Facebook about the poor conduct of a company was considered protected speech under the National Labor Relations Act. The NLRB found that the termination of an employee for "liking" a comment
- [Using "Like" on Facebook may be Protected Speech](https://www.ruderware.com/using-like-on-facebook-may-be-protected-speech/) - A recent decision from the National Labor Relations Board (August 25, 2014) held that an employee using the "Like" feature on a Facebook page to show support for comments by another employee about the conduct of the company payroll system constituted protected speech under the National Labor Relations Act. The Board held that the termination
- [English-Only Policies Under Scrutiny](https://www.ruderware.com/english-only-policies-under-scrutiny/) - Some companies have adopted an English-only policy which requires that employees use English as the only language allowed in the workplace. This type of policy is often adopted for safety reasons to ensure that everyone understands what is being said in an emergency situation. Unfortunately, the adoption of an English-only policy can create liability for
- [Aggressive Conduct Toward Subordinate Places Sheriff in Jeopardy of Civil Suit Under Wisconsin Law](https://www.ruderware.com/aggressive-conduct-toward-subordinate-places-sheriff-in-jeopardy-of-civil-suit-under-wisconsin-law/) - Just how threatening and intimidating can a superior or co-employee act toward a subordinate or co-employee without incurring the risk of a civil lawsuit for damages under Wisconsin law? The federal district court in Madison faced that interesting question in a preliminary motion hearing. As a result, the lawsuit against the sheriff of Burnett County
- [Lazy Days of Summer are Gone - EEOC Files Lawsuits](https://www.ruderware.com/lazy-days-of-summer-are-gone-eeoc-files-lawsuits/) - It appears the lazy days of summer have gone away. The Equal Employment Opportunity Commission (EEOC) recently filed two lawsuits showing its aggressive stance to "cleanup" its view of discrimination matters. One lawsuit involved discrimination under the Americans with Disabilities Act for being terminated when deciding not to participate in a wellness program. The other
- [Protecting Your Workplace May Be Getting Easier](https://www.ruderware.com/protecting-your-workplace-may-be-getting-easier/) - On numerous occasions, we have received a phone call from a client that goes something like this: "An employee has reported to human resources that their (family member/friend/acquaintance) has been engaging in harassing behavior that the employee is concerned may continue into the workplace. What can we do to protect the employees (or students), our
- [Attention Deficit Disorder - Disability?](https://www.ruderware.com/attention-deficit-disorder-disability/) - I have always been concerned that attention deficit disorder would become a commonplace claim of a disability by employees, especially employees who are subject to disciplinary action. A recent decision from the 9th Circuit Court of Appeals gives employers some hope that attention deficit disorder (ADHD) will not automatically be considered a disability. In this
- [New Decision - Same Result - Same Worry](https://www.ruderware.com/new-decision-same-result-same-worry/) - Another decision from the National Labor Relations Board has created the same worry for employers. An NLRB judge recently ruled that several portions of a company employee handbook restricted the rights of workers to organize and discuss their conditions of employment and found there was a violation of the Section 7 rights of the employees.
- [Broad Confidentiality Rule - Violation of Employee Rights?](https://www.ruderware.com/broad-confidentiality-rule-violation-of-employee-rights/) - A recent decision from the National Labor Relations Board has again highlighted the lengths to which the NLRB will go to seek out protection of employee rights under Section 7 of the National Labor Relations Act. This Section allows employees to communicate regarding union organizing activities and exchange information amongst employees regarding possible union organizing
- [Micro-Unions:  Is This The Future?](https://www.ruderware.com/micro-unions-is-this-the-future/) - Two recent decisions by the National Labor Relations Board in the retail sector have again raised questions about the new concept of micro-unions. A micro-union is a union representing a small group of employees within a large employer. This phenomena has created a significant stir in the legal community because of the potential for a
- [EEOC Issues Pregnancy Discrimination Guidelines - No Real Change for Wisconsin Employers](https://www.ruderware.com/eeoc-issues-pregnancy-discrimination-guidelines-no-real-change-for-wisconsin-employers/) - In the last two weeks, the Equal Employment Opportunity Commission (EEOC) has issued an Enforcement Guidance document on pregnancy discrimination and related issues. This Guidance is a comprehensive statement by the EEOC on pregnancy discrimination and the duty of employers to provide accommodations to a pregnant employee. One of the most significant statements in the
- [Obesity as a Disability Under the ADA](https://www.ruderware.com/obesity-as-a-disability-under-the-ada/) - Recent court actions continue to support a claim that obesity is a covered disability. America's Car-Mart (Car-Mart) reached a mutual agreement to settle a claim brought by a former employee alleging that Car-Mart discharged him from his General Manager position because of his severe obesity and because his employer regarded him as being substantially limited
- [Contracted Employees:  Will You Become a New Employer?](https://www.ruderware.com/contracted-employees-will-you-become-a-new-employer/) - Many companies use contracted employees to avoid the cost of human resources services and benefits. Under these arrangements, a company will hire another company to provide the employees that will do all or a portion of the production work for the business. This has become a popular way to manage human resources costs and benefits.
- [Most Recent Final ACA Rules Address 90-Day Waiting Period: Getting Your "Orientation"](https://www.ruderware.com/most-recent-final-aca-rules-address-90-day-waiting-period-getting-your-orientation/) - Recently, the Departments of Labor, Health and Human Services, and Treasury, published final rules concerning the so-called "orientation" periods, which implicate the Affordable Care Act's ban on waiting periods exceeding 90 days. The final rules go into effect on August 25, 2014, and are applicable for plan years beginning on or after January 1, 2015.
- [It is Now EZier for Charities to File for Tax Exempt Status](https://www.ruderware.com/it-is-now-ezier-for-charities-to-file-for-tax-exempt-status/) - On July 1, 2014, the IRS introduced the new Form 1023-EZ which is a shorter application form to help smaller charities apply for tax exempt status. The standard Form 1023 is a 26 page form that charities must complete in order to obtain tax exempt, or 501(c)(3), status with the IRS. The standard form can
- [The Role of Confidentiality Agreements in a Corporate Compliance Program](https://www.ruderware.com/the-role-of-confidentiality-agreements-in-a-corporate-compliance-program/) - A recent federal court decision from Pennsylvania illustrates the importance of a confidentiality agreement as part of a compliance program. The Pennsylvania court found that a confidentiality agreement that had been signed by an employee restricted the ability of the whistleblower claimant to use confidential information to support its qui tam claim under the federal
- [No More Marijuana Taxes!](https://www.ruderware.com/no-more-marijuana-taxes/) - I can't help but write a puff piece about the recent lawsuit filed in a Denver District Court earlier this week. In the lawsuit, the attorney is asking the court to block marijuana taxes in Colorado, claiming the state's tax system violates the Fifth Amendment, which protects people from self-incrimination. The attorney argues that when
- [When Was the Last Time You Dusted Off Your Non-Solicitation and Distribution Policy?](https://www.ruderware.com/when-was-the-last-time-you-dusted-off-your-non-solicitation-and-distribution-policy/) - Many employers, in an effort to improve workplace productivity, efficiency and safety, implement so-called "Solicitation and Distribution of Materials" policies. These policies generally prohibit non-work-related communications by employees during work time, as well as distribution of non-work-related materials in work areas [or distribution in non-work areas by employees during work time]. These policies may also
- [Are Employment Application Questions About Convictions and Arrests Taboo?](https://www.ruderware.com/are-employment-application-questions-about-convictions-and-arrests-taboo/) - Recently, several businesses have asked me to carefully scrutinize their employment application forms for compliance with state and federal law. Interestingly, one question that consistently arises is whether employers in Wisconsin are permitted to ask questions about convictions and arrests within employment application forms. I have found that there is a great deal of confusion
- [Taxpayers Have Rights???](https://www.ruderware.com/taxpayers-have-rights/) - Taxpayer Bill of Rights - On Tuesday, the Internal Revenue Service (IRS) unveiled the new and improved "Taxpayers' Bill of Rights." Unbeknownst to most taxpayers, the Internal Revenue Code actually sets forth rights of taxpayers (who knew!). The IRS touts that the new Bill of Rights will make it easier for taxpayers to understand their
- [Stop Talking About Your Compensation - Not](https://www.ruderware.com/stop-talking-about-your-compensation-not/) - Many companies have a policy that prohibits employees from talking about their salary or benefits in order to avoid morale issues in the workplace. It is sometimes hard to enforce a policy like this, but companies believe it is important to make it clear that a discussion of salary that an employee receives is not
- [Is Six Months Enough?](https://www.ruderware.com/is-six-months-enough/) - A recent decision from the Tenth Circuit Court of Appeals has addressed the question whether a six-month leave of absence for a disabled employee is sufficient to satisfy the reasonable accommodation requirement. The Court of Appeals found that Kansas State University satisfied the reasonable accommodation requirements under the Rehabilitation Act when terminating an assistant professor
- [Who needs a Tax Extenders Bill?  It's only June!](https://www.ruderware.com/who-needs-a-tax-extenders-bill-its-only-june/) - Over the past few years, we have all become accustomed to tax deductions, credits, and reduced rates expiring. We have also become accustomed to our elected officials debating until the very last minute about whether to extend sunsetting tax provisions. I am eager to report that 2014 will be no different - a senate bill
- [Watch Out - Protections Against Swearing at Boss](https://www.ruderware.com/watch-out-protections-against-swearing-at-boss/) - The National Labor Relations Board continues to reach out to provide protection to employees. In a recent decision, the Board concluded that an outburst in the workplace by an employee was considered protected speech, because the employee did not explicitly threaten violence and did not act in a violent fashion. The employee did, in a
- [Mixed Motive For Discrimination Decision - Be Careful](https://www.ruderware.com/mixed-motive-for-discrimination-decision-be-careful/) - A recent Wisconsin Court of Appeals decision highlighted the importance of employers being very careful when making employment decisions to ensure that part of the rationale for a decision is not discriminatory in nature. In this decision, Milwaukee County terminated a manager for violation of County policies on use of technology. During the discussion with
- [Could Religious Leaders Be Taxed on Their Housing?](https://www.ruderware.com/could-religious-leaders-be-taxed-on-their-housing/) - On November 22, 2013, the federal district court for the Western District of Wisconsin struck down Internal Revenue Code Section 107(2) which exempts from income tax any compensation that is received by a "minister of the gospel" which is considered a housing allowance. The Freedom From Religion Foundation filed suit against the government on the
- [Off-Duty Conduct - Taking Adverse Employment Action](https://www.ruderware.com/off-duty-conduct-taking-adverse-employment-action/) - There is a lot of controversy today about the right of an employer to take adverse employment action (i.e. firing someone) for off-duty conduct. Employers have more access to things happening outside the workplace and are very concerned about their overall reputation in the community. Unfortunately, there are various laws that protect an employee from
- [Punt Blocked - Former Green Bay Packers Kicker Found Guilty of Defrauding the IRS with Two Las Vegas Businessmen](https://www.ruderware.com/punt-blocked-former-green-bay-packers-kicker-found-guilty-of-defrauding-the-irs-with-two-las-vegas-businessmen/) - A federal jury in Las Vegas found a former NFL punter, Joseph Prokop, and two Las Vegas businessmen guilty of defrauding the IRS and aiding in the preparation of false tax returns. The three men used two Nevada companies named the "National Audit Defense Network" and "Oryan Management and Financial Services" to promote and sell
- [Jointly Providing Health Care Fee Information to Payors](https://www.ruderware.com/jointly-providing-health-care-fee-information-to-payors/) - As health care provider networks move down the path toward clinical integration, we are often asked to provide guidance on how information can be jointly provided to payors. The antitrust laws recognize that collective sharing of some pricing information, even by otherwise competing providers, can be beneficial and does not necessarily violate antitrust laws. However,
- [Texting While Driving - Illegal But Paid](https://www.ruderware.com/texting-while-driving-illegal-but-paid/) - Many municipalities and states have adopted a law that prohibits texting while someone is driving. Individuals are prohibited from texting or even dialing the phone while driving. This prohibition is probably violated much more than it is complied with, but regardless of what the prohibitions may be, employers may still be "on the hook" for
- [CMS Changes Meaningful Use Timeline](https://www.ruderware.com/cms-changes-meaningful-use-timeline/) - The Centers for Medicare and Medicaid Services (CMS) issued a new proposed rule today that changes the timeline for meaningful use electronic health record (EHR) technology. The new proposed rule would be consistent with previous CMS announcement regarding extension of Stage 2 and Stage 3 timelines. The proposed rule recognizes the difficulties that software vendors
- [Access to Company Property During Off-Duty Time - No Restrictions](https://www.ruderware.com/access-to-company-property-during-off-duty-time-no-restrictions/) - An employer would normally think that it could pass a work rule that says an employee does not have access to company property when the employee is off-duty and not working. This makes sense, because there is no reason for the employee to be on company property if they are not there to perform work.
- [Employment Blog Intro](https://www.ruderware.com/employment-blog-intro/) - The world of employment and benefits law changes on a daily basis. New decisions come out defining the responsibilities of an employer or limit the ability of an employer to make business decisions. Lawyers at Ruder Ware are conscious of these daily changes and will use this blogspot to keep you updated about developments in
- [NLRB Tells You What You Can Put in Your Policies](https://www.ruderware.com/nlrb-tells-you-what-you-can-put-in-your-policies/) - Two recent decisions by the National Labor Relations Board again shows the intrusion of the Board into the business of running a company. In these decisions, the NLRB (by a 2-1 vote) held that an employer violated federal labor law by: Establishing a company policy that prohibited employees from disclosing confidential personnel information and documents
- [Time to Rethink Use of Credit Reports](https://www.ruderware.com/time-to-rethink-use-of-credit-reports/) - I read that Vermont was the 8th state to regulate the use of credit reports or credit-related information for doing background checks. It may be time to rethink the use of credit-related information for conducting background checks or making other employment decisions. Eight states have now passed legislation that regulates the use of credit-related information
- [Denial of Facebook Access is a New Employment Law Issue](https://www.ruderware.com/denial-of-facebook-access-is-a-new-employment-law-issue/) - A teacher's aide in Michigan was disciplined for not giving her Facebook password to her boss. The boss wanted to look at her Facebook page because a picture of her coworker had been posted to the employee's Facebook page. The refusal to provide the password formed the basis for disciplinary action against the employee. Personally,
- [Federal Court is Asked to Hold Enforcement of Act 10 Order](https://www.ruderware.com/federal-court-is-asked-to-hold-enforcement-of-act-10-order/) - The Western Federal District Court, in a recent decision, held that several provisions of Wisconsin Act 10 were unconstitutional. The provisions included the section that required public unions to recertify every year by a majority vote of all employees eligible to vote to be in the union. The decision also struck down that provision of
- [Can You Require An Employee To Be At Work?](https://www.ruderware.com/can-you-require-an-employee-to-be-at-work/) - I am often asked whether attendance at work can be considered an essential requirement of a particular job. Logic would suggest the answer to that question, but of course, court decisions would suggest differently. A recent decision by the 9th Circuit Court of Appeals related to an employee who suffered a serious medical condition that
- [Inaccurate Background Checks Lead to $2.6 Million Reality Check for One Company](https://www.ruderware.com/inaccurate-background-checks-lead-to-2-6-million-reality-check-for-one-company/) - Wow, the second largest civil penalty obtained by the Federal Trade Commission against a private company for violations of the Fair Credit Reporting Act caused me to take notice. Recently, the FTC for the first time charged an employment background screening firm with violating the federal Fair Credit Reporting Act (the federal law that governs
- [Conflicts of Interest when Representing a Family Business?](https://www.ruderware.com/conflicts-of-interest-when-representing-a-family-business/) - I recently spoke at the State Bar Business and Real Estate Transactions Institute on the topic of conflicts of interest when representing a family held business. This is a very difficult area because of the potential for conflicts between the individual clients and the business entity. The representation is made even more difficult because the
- [Legal Advice on a YouTube video? It happened.](https://www.ruderware.com/legal-advice-on-a-youtube-video-it-happened/) - Something has happened in my law practice that has never happened before. I have given legal advice to a client based upon a YouTube video. Peter Davis, legal counsel for the Wisconsin Employment Relations Commission, was included in a video post on YouTube. In that video post, he indicated that public employers should calculate base
- [Cleanup In Aisle "Fore:" NLRB Likely To Use Roundy' s Inc. Case to Wipe Away Bush-era Standard for Union Access to Employer E-Mail Systems.](https://www.ruderware.com/cleanup-in-aisle-fore-nlrb-likely-to-use-roundy-s-inc-case-to-wipe-away-bush-era-standard-for-union-access-to-employer-e-mail-systems/) - In 2007, the Bush-era Board (in a 3-2 vote) established a property-right based standard through which employee use of company-owned [including non-union companies] email systems for union solicitation may be restricted. Through the Register Guard decision, 351 NLRB No. 70 (December 16, 2007), the Board made clear that impermissible discrimination in violation of the National
- [EEOC Not Candid about Cameras: Uncertainty About Risks of Video Interviewing Remains](https://www.ruderware.com/eeoc-not-candid-about-cameras-uncertainty-about-risks-of-video-interviewing-remains/) - A recent letter from the Equal Employment Opportunity Commission refused to give any guidance on whether it would be acceptable for a company to use a video interview to select candidates for hire. The EEOC refers to a number of articles and advice given by the Agency on its webpage, but refuses to provide guidance
- [An Accommodation to Religious Accommodation](https://www.ruderware.com/an-accommodation-to-religious-accommodation/) - Today the various federal agencies responsible for providing guidance on the Affordable Care Act issued proposed rules which just might satisfy the objections of religious employers to ACA's contraception mandate. It seems like every day another lawsuit is filed objecting to ACA's requirement that contraceptives be included in the list of preventative health services which
- [Board Stiff: NLRB's Rigid Approach to Confidentiality and Non-Disparagement Language Now Applies to Private Employment Agreements](https://www.ruderware.com/board-stiff-nlrbs-rigid-approach-to-confidentiality-and-non-disparagement-language-now-applies-to-private-employment-agreements/) - I recently published the following article in the Chippewa Valley Society for Human Resource Management newsletter - hope you enjoy! Just when the business community thought the National Labor Relations Board's (Board) aggressive, union-friendly agenda could not get any worse (or more likely, hoped and prayed the Board's agenda would not get any worse, but
- [Reasonable Accommodation - The Most Difficult Employer Decision](https://www.ruderware.com/reasonable-accommodation-the-most-difficult-employer-decision/) - Deciding what is the best and most appropriate reasonable accommodation for an employee with a disability, is the most difficult judgment call that an employer has to make. Deciding how far to go when accommodating an employee with a disability is a matter of great concern to employers, but very little specific guidance is offered
- [Drafting Enforceable Agreements Presentation](https://www.ruderware.com/drafting-enforceable-agreements-presentation/) - I recently presented "Restrictive Covenants in Employment: Drafting Enforceable Agreements" at the State Bar of Wisconsin PINNACLE® 2012 Health, Labor, and Employment Law Institute. A video of the presentation can be seen here on the State Bar of Wisconsin's website. Source: Jan. 16, 2013 issue of WisBar® InsideTrack, published by the State Bar of Wisconsin
- [Who Is Really Running Your Business?](https://www.ruderware.com/who-is-really-running-your-business/) - Recent events at the state and federal level have again put in question who is really running businesses today. The National Labor Relations Board (NLRB) through various opinions and rulings, has said that any business, even if not unionized, may not take disciplinary action against an employee for certain types of statements made on social
- [IRS Invites More Employers to Settle; Promises Process Will Not Open Pandora's Box](https://www.ruderware.com/irs-invites-more-employers-to-settle-promises-process-will-not-open-pandoras-box/) - On February 27, 2013, the IRS announced expanded eligibility for its Voluntary Classification Settlement Program (VCSP)(see this link). As many employers recognize, the Obama administration has made misclassification of employees (misclassified as independent contractors) a priority enforcement objective. The VCSP is a program that permits employers (taxpayers) to voluntarily reclassify their independent contractors as employees
- [How Much Should You Get Paid for Getting Dressed in the Morning?](https://www.ruderware.com/how-much-should-you-get-paid-for-getting-dressed-in-the-morning/) - The United States Supreme Court will be considering whether the time that an employee spends putting on and taking off work clothes is a compensable act which would require payment for time spent in that activity. A case involving employees of U.S. Steel Corp. has been accepted by the Supreme Court based on the issue
- [DOL Plans to Take Final Action on Revised "Persuader Rules:" Employer Community Remains Unconvinced](https://www.ruderware.com/dol-plans-to-take-final-action-on-revised-persuader-rules-employer-community-remains-unconvinced/) - According to the federal Department of Labor (DOL), it plans to publish a final rule in April 2013 revising its so-called "persuader rules" under the Labor-Management Reporting and Disclosure Act. The "persuader rules" have long obligated employers to disclose, in writing, certain activities aimed at thwarting union organization tactics but only under exceptional circumstances where labor-relations
- [Deaf Candidates are Entitled to Interpreter During Interview?](https://www.ruderware.com/deaf-candidates-are-entitled-to-interpreter-during-interview/) - The Equal Opportunity Employment Commission has filed a federal lawsuit against Toys "R"' Us alleging that the Company violated the Americans With Disabilities Act when it did not provide a sign language interpreter to a deaf applicant at a job interview. The EEOC alleges in the federal lawsuit that a Company of this size would
- [Accurate Job Descriptions Key in ADA Case](https://www.ruderware.com/accurate-job-descriptions-key-in-ada-case/) - The Eighth Circuit recently decided a case that stands for the notion that an employer's description of the essential functions of an employee's job, and not the employee's specific personal experience in the job, is critical in determining whether or not an employee is qualified for protection under the ADA. In Knutson v. Schwan's Home
- [Being At Work Is An Essential Job Function](https://www.ruderware.com/being-at-work-is-an-essential-job-function-2/) - One of my colleagues recently wrote about an Eighth Circuit Court of Appeals ruling that determined whether an employee is disabled. That determination was based on the employee's ability to perform the essential functions of the job. Rather than considering the actual duties being performed by the employee, the Court looked to the job description
- [Tasty Tax Morsel - The IRS Wants A Bite!](https://www.ruderware.com/tasty-tax-morsel-the-irs-wants-a-bite/) - My colleague, Bryan Symes, posted the other day about including the value of employer provided meals when calculating overtime compensation. Employers often provide delicious edibles to promote healthy eating, improve morale, and foster collaboration over lunch. Employers, however, provide those meals, snacks, and beverages to employees without chewing over the tax implications. Meals provided by
- [Subrogation Under ERISA](https://www.ruderware.com/subrogation-under-erisa/) - Mary Ellen Schill and I were talking about the e-alert that we posted April 19 on the right of reimbursement for self-insured group health plans under ERISA in light of the US Airways v. McCutcheon case decided by the U.S. Supreme Court on April 16. A couple of points caught our attention. The scope of
- [Employers are NOT Required to Notify of Union Rights](https://www.ruderware.com/employers-are-not-required-to-notify-of-union-rights/) - A federal district court decision has struck down an administrative rule proposed by the National Labor Relations Board that would require all private sector employers to notify their employees of the right to join a union. The recent decision held that this rule was not lawful and constituted an unreasonable exercise of administrative rule-making powers
- [Supreme Court to Decide Validity of NLRB Appointments](https://www.ruderware.com/supreme-court-to-decide-validity-of-nlrb-appointments/) - President Obama has asked the United States Supreme Court to reverse a lower court decision and hold that the President's appointment of three members to the National Labor Relations Board (NLRB) was constitutional and proper. These appointments took place in January, 2012 at a time when the Congress was in a recess between sessions of
- [Aggressive Investigation Strategies - EEOC](https://www.ruderware.com/aggressive-investigation-strategies-eeoc/) - The Equal Employment Opportunity Commission enforces federal laws relating to the employment relationship, particularly in the area of discrimination. The EEOC recently issued a new Strategic Enforcement Plan which gives employers a clear indication of what will be the focus of investigations by the EEOC. The EEOC said they have limited funds so they will
- [Employee Personal Devices and Work-Related Risks: Trying to COPE](https://www.ruderware.com/employee-personal-devices-and-work-related-risks-trying-to-cope/) - BYOD (short for Bring Your Own Device) policies are all the rage these days. This is understandable given the ostensible BYOD benefits bounced around as conventional wisdom including, but not limited to: (1) organizational cost savings [BYOD proponents claim it's cheaper for companies if employees purchase their own smart phones]; (2) fostering an environment of
- [Accommodation for Disabled Applicant?](https://www.ruderware.com/accommodation-for-disabled-applicant/) - We are seeing more and more requests from an applicant to have some type of accommodation for the individual to be considered for a vacant position. The Equal Employment Opportunity Commission recently issued an informal letter to a public employer outlining the duties of an employer to make an accommodation for an applicant that suffers
- [Disabled Employee Must be Considered for Vacant Position](https://www.ruderware.com/disabled-employee-must-be-considered-for-vacant-position/) - Recent action by the United States Supreme Court has clarified the duty of accommodation that an employer must make under the Americans with Disabilities Act. The action of the U.S. Supreme Court was to deny review of a 7th Circuit Court of Appeals decision involving United Airlines. The 7th Circuit Court of Appeals decision held
- [Is Coffee My Friend or My Foe?](https://www.ruderware.com/is-coffee-my-friend-or-my-foe/) - As a labor negotiator, I rely upon coffee to help me through the long days and long evenings that often occur when negotiating a new labor agreement. I have come to hold coffee in highest esteem as my best friend. I recently read that coffee may deter the chemicals that are responsible for memory loss
- [Walk-Off Home Run Beats Employer in the Bottom of the Ninth](https://www.ruderware.com/walk-off-home-run-beats-employer-in-the-bottom-of-the-ninth/) - All sports fans know that in baseball, it is a critical advantage to be the home team. This is because the home team bats last in the ninth inning and has the last crack at hitting the game winning home run. A recent case in New York (Allen v. Chanel, Inc.) illustrated why it is
- [Is the NLRB Alive? Supreme Court Will Decide](https://www.ruderware.com/is-the-nlrb-alive-supreme-court-will-decide/) - On Monday, the United State Supreme Court granted certiorari (meaning they have agreed to hear a case) on whether the appointments by President Obama in January 2012 to the National Labor Relations Board (NLRB) are valid appointments or improper application of the "between" session presidential appointment process. President Obama appointed two members to the NLRB
- [Treasury Department Postpones ACA Employer Mandate To 2015](https://www.ruderware.com/treasury-department-postpones-aca-employer-mandate-to-2015/) - The Treasury Department announced late Tuesday afternoon that it was delaying until 2015 the employer "shared responsibility" mandate, the Affordable Care Act mandate for large employers, until 2015. This means that employers with more than 50 full time equivalents will NOT be subject to penalties in 2014 for failing to offer coverage, or failing to
- [Must You Accommodate the "Bored" Worker?](https://www.ruderware.com/must-you-accommodate-the-bored-worker/) - I wrote several weeks ago about the changes made to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) and the suggestion that caffeine withdrawal was now a disability that required some level of accommodation from an employer. Another change is the recognition of Autism Spectrum Disorder (ASD) as a new disability. This diagnosis includes
- [One-Year Delay for Pay or Play Does Not Affect October 1 Opening of the Marketplace (Maybe)!](https://www.ruderware.com/one-year-delay-for-pay-or-play-does-not-affect-october-1-opening-of-the-marketplace-maybe/) - The Obama Administration's announcement of the one year delay for the employer shared responsibility requirements (the "pay or play" mandate) did not directly impact the October 1 opening of the health insurance exchanges (now known as the Marketplace). Last month I had the opportunity to sit on a panel at a public forum here in
- [Waiting For The Affordable Care Act Marketplace To Open](https://www.ruderware.com/waiting-for-the-affordable-care-act-marketplace-to-open/) - Late last month I returned to the scene of an earlier crime (October 2012) and once again met with employer-members of the Eau Claire Area Chamber of Commerce to talk about the Affordable Care Act and the October 1 opening of the Marketplace (formerly known as the Exchange). I think it is safe to say
- [Partially Deaf Worker May Require Accommodation](https://www.ruderware.com/partially-deaf-worker-may-require-accommodation/) - I wrote several blogs about potential areas of new disability claims relating to the use of caffeine and a new mental health disorder that may affect non-productive employees. A recent federal court case held that a partially deaf retail store pharmacy technician was entitled to file a disability claim when her employer placed the employee
- [Management Comments can Create a "Smoking Gun" for Discrimination Claims](https://www.ruderware.com/management-comments-can-create-a-smoking-gun-for-discrimination-claims/) - A recent decision by the U.S. Court of Appeals for the Sixth Circuit gives a prime example of how comments by an employer-representative can support a claim of discrimination. A sales manager in his late fifties showed a potential basis for a claim of age discrimination because of the comments made by a younger supervisor.
- [Wisconsin Insurance Commissioner Announces Insurers Participating in Marketplace](https://www.ruderware.com/wisconsin-insurance-commissioner-announces-insurers-participating-in-marketplace/) - On August 6 the Wisconsin Office of Commissioner of Insurance released the names of the insurers who have applied to participate in Wisconsin's federally facilitated Exchange (the Wisconsin Marketplace). Thirteen insurers have applied to participate in the individual Marketplace (marketing qualified health plans to individuals only), while nine insurers have agreed to participate in the
- [Federal Court Decision Supports Strict Call-In Procedures](https://www.ruderware.com/federal-court-decision-supports-strict-call-in-procedures/) - Many employers maintain no-fault attendance policies requiring advanced notice of absences and a voluntary quit provision when an employee fails to report to work for two days without providing notice. These policies assist companies in meeting client deadlines and properly monitoring employee performance. The Sixth Circuit Court of Appeals recently ruled that an employer may
- [Duty to Accommodate Pre-Existing Conditions of an Employee?](https://www.ruderware.com/duty-to-accommodate-pre-existing-conditions-of-an-employee/) - There has always been a question whether an employer is required to provide accommodations to an employee who has suffered an injury that impacts the employee's ability to work when the injury occurred before the employee was hired. These types of injuries are called pre-existing injuries or pre-existing conditions and many employers believe they do
- [What's in Store for the Future - National Labor Relations Board](https://www.ruderware.com/whats-in-store-for-the-future-national-labor-relations-board/) - On August 22, I spoke to the Employment Law Institute sponsored by the State Bar of Wisconsin on the topic of, "National Labor Relations Board: What Will the Future Bring?" This topic focused on the recent congressional approval of new members to the NLRB which will eliminate legal challenges going forward to decisions made by the
- [IRS Announces Recognition of Legally Married Same-Sex Couples](https://www.ruderware.com/irs-announces-recognition-of-legally-married-same-sex-couples/) - Earlier today, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) announced that all legally married same-sex couples, regardless of where they live, will be recognized for federal tax purposes, including income, estate, and gift taxes. The Supreme Court of the United States' decision on June 26, 2013 declaring the federal Defense
- [Federal Court Upholds NLRB Approval of Mini-Bargaining Unit](https://www.ruderware.com/federal-court-upholds-nlrb-approval-of-mini-bargaining-unit/) - A recent decision by the 6th Circuit Court of Appeals (the Federal Court covering the states of Kentucky, Michigan, Ohio and Tennessee) held that the NLRB decision allowing for a "mini-union" was a valid and proper exercise of Board authority. In this case, the NLRB approved a bargaining unit that was comprised of a small
- [Obesity as a Protected Category?](https://www.ruderware.com/obesity-as-a-protected-category/) - I have written blogs in the past about obesity not being a protected category under the Americans with Disabilities Act and the Wisconsin Fair Employment Act. Over the weekend, the American Medical Association announced that obesity should now be considered a disease. It is anticipated that insurance companies will now recognize obesity as a covered
- [Government Paralysis - Potential Liability Still Exists](https://www.ruderware.com/government-paralysis-potential-liability-still-exists/) - The news today talks about "government paralysis" and the likelihood that government will not re-focus for several weeks until everything is decided regarding the continuing resolution debate and the debt limit debate. A caution to employers however, that the government paralysis does not mean that you are protected from potential liability for violation of discrimination
- [Treat Employees the Same - Avoid Discrimination Claim](https://www.ruderware.com/treat-employees-the-same-avoid-discrimination-claim/) - A recent decision from the Seventh Circuit Court of Appeals (governing Wisconsin) accents the importance of an employer treating employees the same especially in the event of disciplinary action issued to an employee. In this decision, the employer terminated a Hispanic employee but only reprimanded a non-Hispanic employee for conduct in violation of company policies
- [FMLA Leave May Be Involuntary - But Risky Proposition](https://www.ruderware.com/fmla-leave-may-be-involuntary-but-risky-proposition/) - A few days ago a prospective client flippantly asked me if it could force one of its employees to take FMLA leave. The prospective client was surprised to learn that the answer may be yes [under the right circumstances, of course assuming the employee is eligible for FMLA leave and the reason for the absence
- ["I always feel like somebody's watching me."](https://www.ruderware.com/i-always-feel-like-somebodys-watching-me/) - Recently a client's Human Resources Manager complained to me that there was "nothing" the company could do to prevent an employee from "faking a migraine" when she felt like taking off in the middle of the day. This particular employee was certified for intermittent leave under the Family Medical Leave Act, but the same question
- [Is it Only a Matter of Time Before LGBT Individuals Have Federal Employment Protection??](https://www.ruderware.com/is-it-only-a-matter-of-time-before-lgbt-individuals-have-federal-employment-protection/) - Remember Jack Tripper? Pretending to be gay to stay in the coveted apartment with Chrissy and Janet? Oh, the ruse Jack played for years with multiple landlords who never quite caught on to Jack's true identity. In the employment setting, the opposite is true. Employees are more likely to hide their gay/lesbian/bisexual/transgender identity and pretend
- [Caution - Duty To Accommodate May Be Expanded](https://www.ruderware.com/caution-duty-to-accommodate-may-be-expanded/) - A recent decision from the 5th Circuit Court of Appeals has opened the door to consideration of a duty to accommodate under the Americans With Disabilities Act that goes beyond the need to accommodate an employee with assistance to perform the essential functions of the employee's job. In this decision, the 5th Circuit Court of
- [Being At Work Is An Essential Job Function](https://www.ruderware.com/being-at-work-is-an-essential-job-function/) - A colleague wrote recently that the Court of Appeals for the Eighth Circuit ruled that when determining whether an employee is disabled or not because the employee cannot perform the essential functions of the job, the key document to be considered by the Court is the job description prepared by an employer to describe the
- [Flu Shots - Required or Prohibited](https://www.ruderware.com/flu-shots-required-or-prohibited/) - Many states have adopted laws that require mandatory influenza (flu) vaccinations for certain health care professions. A recent hearing on Wisconsin Assembly Bill 247 would take the opposite direction. This proposed legislation would prohibit employers (including health care employers) from taking adverse employment action against an employee who refuses to receive a seasonal flu vaccination.
- [Indefinite Leave As Reasonable Accommodation?](https://www.ruderware.com/indefinite-leave-as-reasonable-accommodation/) - Deciding what to do when an employee says she cannot return to work because of a medical condition, even after exhausting all FMLA leave, is one of the most difficult questions faced by an employer, especially in Wisconsin. I have written before about the need for a Wisconsin employer to consider the possibility of additional
- [I Swear It Can Be Harassment: Workplace Profanity](https://www.ruderware.com/i-swear-it-can-be-harassment-workplace-profanity/) - A recent federal court lawsuit out of the State of Oregon serves as a great reminder that workplace profanity can be used as evidence to support a so-called "hostile work environment" harassment claim under certain circumstances. The case is Griffin v. City of Portland. In Griffin, the plaintiff/employee, who characterized herself as a "devout Christian,"
- [Are Quickie Elections Coming in 2014?](https://www.ruderware.com/are-quickie-elections-coming-in-2014/) - A recent action by the National Labor Relations Board (NLRB) has signaled that a new rule on "quickie" elections will be up for debate (and likely passage) in 2014. Several days ago, the NLRB voluntarily dismissed the appeal of a federal District Court decision which held that the Board's expedited representation election process was invalid
- [Arbitrate Your Employment Disputes?](https://www.ruderware.com/arbitrate-your-employment-disputes/) - A recent decision from the 5th Circuit Court of Appeals overturned a ruling from the NLRB and held that an agreement between an employer and employee that provided for arbitration of any disputes (including class-action claims) was valid and did not violate the employee s right to pursue collective action to complain about an issue
- [Happy New Year (?)](https://www.ruderware.com/happy-new-year/) - This is the time of year that we say "thank you" and "best wishes" to all. On behalf of Ruder Ware, I want to thank all of our clients for the confidence they have shown in our representation. I also want to thank all of the human resource professionals who have spent the year working
- [Traveling to Work - New Employer Liability](https://www.ruderware.com/traveling-to-work-new-employer-liability/) - Employers understand they may be liable for employee injuries that arise while an employee is reporting to work, such as an automobile accident on the way to work or an injury when walking into the company premises from the parking lot. These potential areas of liability arise from the worker's compensation statute in the state
- [Asking Questions of a Disabled Applicant](https://www.ruderware.com/asking-questions-of-a-disabled-applicant/) - One of the most challenging situations faced by an employer is deciding whether or not to question an applicant about their condition when it is obvious the applicant suffers from some type of disabling condition (i.e. applicant arrives in a wheelchair or uses crutches). Employers are afraid to ask questions that could be used to
- [Minnesota Joins Other States in Protecting Applicant Information](https://www.ruderware.com/minnesota-joins-other-states-in-protecting-applicant-information/) - As of January 1, 2014, employers in Minnesota may not ask an employee for information about their criminal background in the employment application process. This is known as "Ban-the-Box" law which has been passed in seven states, and similar laws are pending in 26 other states. The law prohibits employers from having a question on
- [OIG Proposes New Civil Monetary Penalty Rules](https://www.ruderware.com/oig-proposes-new-civil-monetary-penalty-rules/) - On May 12, 2014, the Office of Inspector General (OIG) published a proposed rule that would amend the civil monetary penalty (CMP) rules of the OIG to incorporate new CMP authorities, clarify existing authorities, and reorganize regulations on civil money penalties, assessments, and exclusions. The proposed regulations are intended by the OIG to update regulations
- [Messenger Model Contracting - A Structure of the Past](https://www.ruderware.com/messenger-model-contracting-a-structure-of-the-past/) - There are many organizations around the country that use a messenger model as a managed care contracting mechanism. Under the messenger model, an intermediary is used to shuttle offers from managed care organizations to individual providers who sign on to the network. Messenger model networks should not be confused with clinically integrated systems. Clinical integration
- [Self Disclosure and Repayment:  Employment of Excluded Party](https://www.ruderware.com/self-disclosure-and-repayment-employment-of-excluded-party/) - One area it is relatively common to find compliance infractions involves the employment of individuals by a health care provider who may be listed on the list of parties who are excluded from federal health care programs. Most providers have integrated routine background checks and excluded party searches into their hiring program. Occasionally, an excluded
- [Light Duty Only for Work-Related Injuries -- Pregnancy Discrimination?](https://www.ruderware.com/light-duty-only-for-work-related-injuries-pregnancy-discrimination/) - Many employers have adopted a light duty policy that only applies for an employee that suffers an on-the-job injury. The theory is to allow light duty for work-related injuries in order to encourage an injured employee to return to regular duty. Such a policy of only giving light duty to work-related injured employees has often
- [Interactive Process is a Must](https://www.ruderware.com/interactive-process-is-a-must/) - A recent decision from the Seventh Circuit Court of Appeals (which covers Wisconsin) again emphasized the absolute necessity that an employer engage in an interactive process with an employee claiming a disability before making any decision regarding accommodations or continued employment by the employee. In reviewing a lower court's decision to grant summary judgment in
- [What Now?  Is a Temporary Impairment Now Considered a Disability?](https://www.ruderware.com/what-now-is-a-temporary-impairment-now-considered-a-disability/) - Employers have always been told that an employee that suffers a temporary impairment or injury does not qualify as a disabled employee under the Americans with Disabilities Act. For example, an employee falling out of a deer stand and breaking his leg would not be considered disabled for purposes of an accommodation requirement under the
- [Treasury Department Delays Employer Mandate for Small Employers; Lower Threshold for Avoiding Penalties](https://www.ruderware.com/treasury-department-delays-employer-mandate-for-small-employers-lower-threshold-for-avoiding-penalties/) - This afternoon the Treasury Department announced that employers with 50 or more full-time equivalent employees (FTEs), but less than 100 FTEs, will not have to comply with the employer mandate of the Affordable Care Act until 2016. The determination of whether an employer meets the small employer requirements for this purpose would be based on
- [25 Days or Less](https://www.ruderware.com/25-days-or-less/) - The notion of 25 days or less is the new watch word for the National Labor Relations Board and the proposed rules on "quickie elections." The NLRB has promulgated new rules that are subject to public comment which would expedite the union election process to be less than 25 days from the filing of a
- [Vote Now and be Excluded Later](https://www.ruderware.com/vote-now-and-be-excluded-later/) - Our recent blog talked about a proposed rule from the NLRB to establish new procedures for union elections. Known as the "quickie election" rule, it has been proposed by the NLRB for comment although there are strong indications that the rule will be adopted as proposed. One of the most significant aspects of the proposed
- [Turn Over the Voter List - You Have No Choice](https://www.ruderware.com/turn-over-the-voter-list-you-have-no-choice/) - We have written about the proposed "quickie election" rule being considered by the National Labor Relations Board which is designed to expedite a union election proceeding. Another element of the proposed Rule requires the employer to turn over a list of all individuals (names) that would be considered eligible to vote in the union election
- [Pom-poms and Circumstances: Professional Baseball Players' and Cheerleaders' March to the Courthouse - Provide Good Wage and Hour Reminder](https://www.ruderware.com/pom-poms-and-circumstances-professional-baseball-players-and-cheerleaders-march-to-the-courthouse-provide-good-wage-and-hour-reminder/) - Recently, the professional sports world has experienced a slew of wage and hour lawsuits, through which the stars on and off the field (well, maybe not off the field completely, but definitely on the sidelines) have claimed their larger-than-life employers failed to pay them the applicable minimum wages and overtime, as required under federal and
- [The Ultimate Bait and Switch? Female Job Applicant Who Claims She Was Forced to Perform Sexual Favors as Part of "Application Process" has no Title VII Claim Because the Job she was "Applying for" Did Not Exist.](https://www.ruderware.com/the-ultimate-bait-and-switch-female-job-applicant-who-claims-she-was-forced-to-perform-sexual-favors-as-part-of-application-process-has-no-title-vii-claim-because-the-job-she-was-applying-for-did/) - The story begins when Phil Vanaria, an employee of Cook County's Oak Forest Hospital learns from a friend that Krystal Wilson, an out-of-work massage therapist, was offering to perform massages at her home studio. Vanaria contacted Wilson regarding her services, and suggested there may be some positions open at the Hospital for which she would
- [Is a Policy of 12 Months and You're Out, Out?](https://www.ruderware.com/is-a-policy-of-12-months-and-youre-out-out/) - The United Parcel Service, Inc.'s (UPS) motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) challenging the company's leave policy was denied last week by the U.S. District Court in Illinois. EEOC v. United Parcel Service, Inc., N.D. Ill, No. 09C5291, February 11, 2014. For over a decade UPS has maintained
- ["Quickie Election" has First Hearing](https://www.ruderware.com/quickie-election-has-first-hearing/) - We have written about the proposed NLRB rules that would allow for a "quickie election" process. The first hearing on these rules was held by a House committee even though this is an NLRB rule and not proposed legislation. The committee wanted to air some of the concerns that employers have expressed about this proposed
- [A New Game - Who is Exempt and Who Receives Overtime Pay?](https://www.ruderware.com/a-new-game-who-is-exempt-and-who-receives-overtime-pay/) - As you may have seen in several news reports, President Obama is today directing the Department of Labor to re-write the regulations that identify who is exempt from overtime pay requirements under the Fair Labor Standards Act. The Fair Labor Standards Act does not apply to executive, administrative and professional employees. There are certain minimum
- [First Quarter Touchdown for Student Athletes](https://www.ruderware.com/first-quarter-touchdown-for-student-athletes/) - Football players under scholarship at Northwestern University can unionize based upon a decision from the Regional Director of the National Labor Relations Board. This is a touchdown in the first quarter for the student athletes as this is the first stage in a litigation that will likely run for several years. The Regional Director held
- ["Quickie Election" Rule Under Attack](https://www.ruderware.com/quickie-election-rule-under-attack/) - The National Labor Relations Board will be holding public hearings on April 10 and April 11 regarding the proposed "quickie election" rule that would expedite the election process and reduce the ability of an employer to campaign against a union representation election. Several prior blogs have addressed some of the elements of the proposed rule,
- [Age Discrimination Cases Can be Easy to Prove](https://www.ruderware.com/age-discrimination-cases-can-be-easy-to-prove/) - Several recent stories have talked about huge layoffs because of a loss of federal contracts and a decline in available work. Companies are looking at large layoffs to reduce costs and survive the cutbacks in revenue from the loss of contracts. A reduction in the workforce can open the door for age discrimination claims if
- [No More Record Keeping for Professionals](https://www.ruderware.com/no-more-record-keeping-for-professionals/) - Wisconsin has always been a little different because it required employers to keep a record of the hours worked by a professional employee who was exempt from the overtime pay requirements of the Fair Labor Standards Act. This requirement also applied to other exempt employees such as administrative or executive employees that were considered exempt
- [Perfectly Clear Successor - Be Careful](https://www.ruderware.com/perfectly-clear-successor-be-careful/) - Two recent events have refocused a concern about becoming a successor owner of a company in a setting where the company is being acquired/purchased. Situations arise on a regular basis where a company will purchase another business with the intention of operating the business as it has been previously operated and simply becoming the new
- [Door Open to Working at Home](https://www.ruderware.com/door-open-to-working-at-home/) - A recent decision from the Sixth Circuit Court of Appeals in Cincinnati has opened the door to the argument that an employer must provide a reasonable accommodation of allowing an employee to work from home instead of being at the office. In this decision, the Court of Appeals held that an employer cannot automatically require
- [Are Employer-Mandated Anger-Management Counseling Sessions Considered Compensable Time?](https://www.ruderware.com/are-employer-mandated-anger-management-counseling-sessions-considered-compensable-time/) - Are employer-mandated anger-management counseling sessions considered compensable "hours worked" for purposes of the federal Fair Labor Standards Act? What if the employee attends anger-management counseling outside of his or her normal working hours? These questions came up recently during a roundtable meeting of an HR group of which I'm fortunate to be a part. Several
- [Denying Unemployment Benefits is Starting to Work](https://www.ruderware.com/denying-unemployment-benefits-is-starting-to-work/) - The definition of misconduct under the Wisconsin Unemployment Compensation Law was changed as of the first of the year. We are now starting to see decisions under this new standard that limit employees from receiving unemployment benefits when being terminated from employment due to inappropriate conduct. For many years, an employer was not able to
- [Employers Should Take Required FMLA Notices Seriously - But All Hope is Not Lost if Mistakes are Made](https://www.ruderware.com/employers-should-take-required-fmla-notices-seriously-but-all-hope-is-not-lost-if-mistakes-are-made/) - When an employee requests a leave of absence that may be for an FMLA-qualifying reason, his or her employer is required to provide notice to the employee of eligibility for leave under the FMLA (as most employers are aware, the Department of Labor has created a handy-dandy form to accomplish this purpose WH 381). The
- [Ruder Ware Launches Banking and Financial Matters blog](https://www.ruderware.com/ruder-ware-launches-banking-and-financial-matters-blog/) - Ruder Ware is launching a new blog, Ruder Ware Banking & Financial Matters, which will have posts prepared by members of Ruder Ware's Banking & Financial Institutions Focus Team. Our attorneys handle a wide variety of matters for banks and other financial institution clients, and we plan to publish legal updates focused on the issues
- [Wisconsin Extends Net Operating Loss Carryforwards to 20 Years and Allows Additional Credits Against Alternative Minimum Tax](https://www.ruderware.com/wisconsin-extends-net-operating-loss-carryforwards-to-20-years-and-allows-additional-credits-against-alternative-minimum-tax/) - Recently enacted Wisconsin legislation contained a number of significant changes to our state s corporation franchise and income tax laws that may affect your business s tax liability. For instance, among other important changes, net business loss carryforwards under the corporation franchise and income taxes were extended from 15 years to 20 years, applicable to
- [Final Regulations on the 3.8% Net Investment Tax](https://www.ruderware.com/final-regulations-on-the-3-8-net-investment-tax/) - The IRS issued final regulations on the 3.8% Net Investment Income Tax on November 26, 2013. The 3.8% Net Investment Income Tax was enacted as part of the Health Care and Education Reconciliation Act of 2010 and the Patient Protection and Affordable Care Act. The Net Investment Tax affects individuals, estates and trusts, beginning January

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- [Copyright/Disclaimer](https://www.ruderware.com/copyright-disclaimer/) - Welcome to the Internet site of Ruder Ware, L.L.S.C. The purpose of this site is to provide information of a general nature regarding legal matters and to facilitate communication with clients and potential clients. We hope you find the information presented to be useful. We welcome your comments and suggestions. COPYRIGHT NOTICE This web site
- [Medicare and Medicaid Reimbursement Issues](https://www.ruderware.com/medicare-and-medicaid-reimbursement-issues/) - We are knowledgeable on various aspects of Medicare reimbursement and their impact on health care providers and transactions. We can assist clients with Medicare and Medicaid compliance issues such as provider-based status, supervision requirements in various patient care settings, provider enrollment issues, outpatient prospective payment issues, administrative appeals of program denials, recovery audit contractor reviews,
- [Worldwide Services](https://www.ruderware.com/about-us/worldwide-services/) - Founded as a nonprofit organization in 1990, Meritas was formed to provide its members with ready access to legal services in jurisdictions around the world. Through this affiliation, Ruder Ware has priority access to highly skilled attorneys in numerous global markets. Meritas connects law firms in unfamiliar jurisdictions. Meritas member firms are prescreened and subject
- [Elder Law Newsletter Subscribe](https://www.ruderware.com/about-us/elder-law-newsletter-subscribe/) - Please enter your details below and click Submit. First Name*Last Name*Email* CompanyCAPTCHABy submitting this form, you are granting Ruder Ware permission to email you. You may unsubscribe via the link found at the bottom of every email. (See our Email Privacy Policy for details.) Emails are serviced by Constant Contact.
- [In Memory of Professor David Ruder](https://www.ruderware.com/in-memory-of-professor-david-ruder/) - Our firm is deeply saddened by the passing of our friend, mentor, and advocate, Professor David S. Ruder. Professor Ruder was the son of our late founder, George L. Ruder. Many of our attorneys have sought after and relied upon the advice of Professor Ruder. In 2017, we had the honor of hosting Professor Ruder
- [Turning 100 Videos](https://www.ruderware.com/turning-100-videos/) - Video archive of Ruder Ware Turning 100
- [ANTITRUST LAWS IN HEALTH CARE TRANSACTIONS](https://www.ruderware.com/antitrust-laws-in-health-care-transactions/) - Antitrust laws have a substantial impact on health care business transactions-this is especially true when it comes to provider integration efforts. Antitrust laws govern the extent of clinical and financial integration necessary to prevent an organization from price-fixing. We are well versed in the application of the antitrust laws to health care organizations. We have
- [Compliance Planning, Operation, and Defense](https://www.ruderware.com/compliance-planning-operation-and-defense/) - Health care fraud is perhaps the fastest growing area of health care law. This area is likely to expand even more in the future as the government looks for ways to finance health care costs through savings created by increased fraud enforcement. Providers are facing increased compliance obligations. Recently enacted health care reform legislation requires
- [LONG-TERM CARE](https://www.ruderware.com/long-term-care/) - Long-term care is a fast growing area of the health care industry primarily due to the aging baby boomer generation. At the same time, the long-term care industry is being subjected to increasingly complex regulatory requirements and more focused scrutiny by regulators. Ruder Ware attorneys can represent providers in all segments of the long-term care
- [LEGISLATIVE AND REGULATORY MATTERS](https://www.ruderware.com/legislative-and-regulatory-matters/) - We work with our clients to address pending legislation or regulations that affect their operations. We have assisted in preparing comments in response to proposed health care regulations. We have also been involved in assisting clients to inform legislators of possible unintended consequences of their proposed actions. We have also been involved proactively in drafting
- [INFORMATION TECHNOLOGY IN HEALTH CARE](https://www.ruderware.com/information-technology-in-health-care/) - The relationship between information technology and health care law is fast growing. We have a depth of understanding in the interaction between these areas of the law. We provide legal and business advice to both health care providers and information technology providers. We help providers navigate the fast-changing area of patient privacy and the requirements
- [PHYSICIAN AND PHYSICIAN GROUP REPRESENTATION](https://www.ruderware.com/physician-and-physician-group-representation/) - Physicians and physician groups face a multitude of business issues because of the intense regulatory requirements. Our skilled business transactions attorneys understand health care and can guide our clients through a myriad of complex legal issues. We routinely assist physicians and physician groups with: General corporate and business matters Physician compensation Provider-based contracting Stark Law
- [SELF-REFERRAL AND ANTI-KICKBACK ISSUES](https://www.ruderware.com/self-referral-and-anti-kickback-issues/) - Our health care attorneys are well versed in the various iterations of the Physician Self-Referral (Stark) law,the Anti-Kickback Statute, and Safe Harbor Regulations. These laws play a large role in the structure of financial relationships between health care providers. We have followed changes in these laws since the mid-1980s when the first decisions were handed
- [Health Care Contract Negotiation and Preparation](https://www.ruderware.com/health-care-contract-negotiation-and-preparation/) - Contracts in the health care industry require up-to-the-minute knowledge of regulatory changes. We have represented a broad range of health care providers in the preparation, review, and negotiation of a variety of contracts. Some examples of legal areas that affect health care contracting include Physician Self-Referral (Stark) Law, anti-kickback laws, antitrust laws and Medicare reimbursement
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- [Archived Seminars](https://www.ruderware.com/archived-seminars/) - Ruder Ware attorneys are frequently sought-after presenters, often traveling throughout the state to present on a wide range of topics. The below listing contains detail on topics previously presented by Ruder Ware attorneys. If you are interested in having a Ruder Ware attorney present on one of the previously presented topics, or a different topic,
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- [About Us](https://www.ruderware.com/about-us/) - We partner with our clients to achieve their best result. How do we do that? We see the big picture, not just the details. We think team and collaboration are more important than individual accolades on any given day. We work diligently to earn trust. We are responsive by nature. We provide sound, responsible counsel.
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## Focus Teams

- [Family Office & Fiduciary Services](https://www.ruderware.com/focus_teams/family-office-fiduciary-services/)
- [Agriculture](https://www.ruderware.com/focus_teams/agriculture/) - As agriculture evolves, the nature of the industry becomes more complex and regulated. At Ruder Ware, we have followed the evolution and acted as business advisors and legal counsel for generations of producers and for businesses providing products and services for the agriculture industry. Our Ag Focus Team pulls together attorneys from all areas of
- [Manufacturing & Distribution](https://www.ruderware.com/focus_teams/manufacturing/) - Our manufacturing lawyers represent many of the area’s largest manufacturers and distributors, providing clients with decisive, cost-effective counsel.
- [Elder Law](https://www.ruderware.com/focus_teams/elder-law/)
- [Health Care](https://www.ruderware.com/focus_teams/health-care/) - Ruder Ware has a long history of representing health care clients. The firm recognizes that the highly regulated and complex nature of the industry demands the attention of a team of attorneys who, as a group, monitor constantly evolving laws and regulations and their impact on our health care clients. At Ruder Ware, we offer Healthcare business transactions & corporate law; compliance planning, operation & defense; contract negotiation and preparation; self-referral and anti-kickback issues; medicare & medical reimbursement; antitrust laws
- [Banking & Financial Institutions](https://www.ruderware.com/focus_teams/banking/) - Ruder Ware's Banking & Financial Institutions Focus Team provides legal counsel to financial institutions as lenders and to clients as borrowers. Specifically, our attorneys represent commercial lenders and borrowers in single- and multi-lender credit facilities involving traditional bank credit arrangements, letters of credit, leveraged acquisitions, and recapitalization financings. Our attorneys prepare and negotiate a variety

## Practice Areas

- [Workplace Human Resources Compliance Training](https://www.ruderware.com/practice_areas/employment-benefits/workplace-human-resources-compliance-training/) - Educating managers & employees on sexual harassment or discrimination, workplace safety/violence, HIPAA, disability accommodation/FMLA compliance, OSHA, testing & background checks
- [Warranty/Product Litigation](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/warranty-product-litigation/) - Counsel to include: breach of warranty claims; design & manufacturing defects; false advertising & mislabeling; failure to warn; deceptive sales & financing practices; indemnification claims; contractual supply chain protections; design of product literature & warnings, representation before regulatory agencies
- [Taxation](https://www.ruderware.com/practice_areas/business-transactions/taxation/) - As business attorneys, we understand the intricacies of running a successful business. Our attorneys with advanced degrees in taxation and certifications in public accounting focus their practice on how clients can achieve their goals without optimal tax consequences. With attention to detail and a tuned-in awareness of recent developments, we work with clients on federal,
- [Tax Exempt Organizations](https://www.ruderware.com/practice_areas/trusts-estates/tax-exempt-organizations/) - Our nonprofit attorneys understand the important work that tax exempt organizations provide, helping to ease the burden of compliance.
- [Tax Controversies & Litigation](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/tax-controversies-litigation/) - Counsel to include: income tax issues; corporate income and franchise taxes; voluntary disclosure agreements; colletion matters including abatement requests, liens, and reviews
- [Special Needs Planning](https://www.ruderware.com/practice_areas/trusts-estates/special-needs-planning/) - Ruder Ware helps Wisconsin families with special needs trust planning, guardianship, and benefit protection for individuals with disabilities.
- [Small Business/Business Start-up](https://www.ruderware.com/practice_areas/business-transactions/small-business-business-start-up/) - Guiding entrepreneurs with Intellectual Property, General Counsel, Financing, Real Estate, Employment, Litigation
- [Real Estate & Construction Litigation](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/real-estate-construction-litigation/) - Condemnation actions, land use disputes, foreclosures, bond claims, contract preparation, contract disputes, insurance matters, regulatory guidance
- [Real Estate & Construction](https://www.ruderware.com/practice_areas/business-transactions/real-estate-construction/) - The real estate development attorneys at Ruder Ware assist clients with real estate, downtown development, and construction transactions.
- [Probate & Trust Administration](https://www.ruderware.com/practice_areas/trusts-estates/probate-trust-administration/) - Our Wisconsin probate lawyer can help with any issues that arise after a loss of a loved one and make sure their wishes are fulfilled.
- [Mergers & Acquisitions](https://www.ruderware.com/practice_areas/business-transactions/mergers-acquisitions/) - Ruder Ware's M&A lawyers provide informed counsel to both buyers and sellers involved with all types of business sale and acquisition transactions. Representing a broad cross section of industries, including both private and publicly held companies, our attorneys have managed transactions for businesses and organizations of all sizes and types. Our attorneys work closely with
- [Medical Assistance & Long-term Care Planning](https://www.ruderware.com/practice_areas/trusts-estates/medical-assistance-long-term-care-planning/) - Pre-planning to include: protecting assets, medicaid/medical assistance eligibility; crisis planning to include: next steps after moving to a nursing home, calculating assets & qualifications
- [Mediation](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/mediation/) - Skilled mediators discuss goals, values, and identify what each party would like as an end result.
- [Intellectual Property](https://www.ruderware.com/practice_areas/business-transactions/intellectual-property/) - Ruder Ware attorneys provide a wide range of intellectual property counseling services, including applying for, clearing, and registering patents, trademarks, service marks, and copyrights. We also advise our clients regarding trade secret protection. As globalization increasingly becomes part of our clients' distribution and marketing strategies, Ruder Ware is able to connect with a global network
- [Immigration & Workforce Mobility](https://www.ruderware.com/practice_areas/employment-benefits/immigration-workforce-mobility/) - Ensure compliance with employment regulations and navigate complex labor markets with our comprehensive immigration services. Learn more.
- [Human Resources Counseling](https://www.ruderware.com/practice_areas/employment-benefits/human-resourcing-counseling/) - Counsel on Wage and Hour, FMLA, ADA, OSHA, Workplace Harassment, Severance Agreements, Handbooks, Drug & Alcohol
- [Health Care Litigation](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/health-care-litigation-practice/) - Risk management, proactive comliance, litigation avoidance strategies; litigation, administrative proceedings, arbitration
- [Handbook Policy Development & Audits](https://www.ruderware.com/practice_areas/employment-benefits/handbook-policy-development-audits/) - Audit program to provide proactive HR guidance; hiring, employee retention, employment at-will, racial and sexual harassment
- [Government & Public Affairs](https://www.ruderware.com/practice_areas/business-transactions/goverment-public-affairs/)
- [Estate, Trust & Fiduciary Litigation](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/estate-fiduciary-litigation/) - Our trust and estate lawyers can help with litigation that arises if their is a dispute against an estate plan, will or trust during the probate process.
- [Estate Planning](https://www.ruderware.com/practice_areas/trusts-estates/estate-planning/) - Our Wisconsin estate planning attorneys listen carefully and provide strategies designed to preserve, enhance, and transfer our clients’ assets.
- [Employment Litigation](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/employment-litigation/) - Working directly with business owners, managers, and human resource professionals, our attorneys represent employers in state and federal courts in Wisconsin and in administrative hearings throughout Wisconsin and the rest of the country. As business attorneys and active members in organizations focused on human resource management, we understand the issues faced by employers dealing with
- [Employment Contracts & Independent Contractor Agreements](https://www.ruderware.com/practice_areas/employment-benefits/employment-contracts-independent-contractor-agreements/) - Negotiate, prepare, and if needed, enforce a variety of written agreements designed to provide guidance to employees
- [Employee Benefits & Executive Compensation](https://www.ruderware.com/practice_areas/employment-benefits/employee-benefits-executive-compensation/) - Our Employee benefits attorneys assist businesses of all sizes in complying with the requirements of the ERISA and the Internal Revenue Code.
- [Dispute Resolution](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/alternative-dispute-resolution/) - In 1993 the Wisconsin Supreme Court adopted a rule (Wis. Stat. 802.12) authorizing circuit courts to use specified means of alternative dispute resolution (ADR) in appropriate cases. For decades, Ruder Ware litigators have creatively sought solutions to matters ranging from straightforward to complex. As seasoned trial lawyers, our litigators understand litigation. As business advocates and Extensive appellate representation within the manufacturing, construction, banking, health care, insurance, fiduciary and professional services, transportation, real estate, and ag industries.
- [Data Privacy & Cybersecurity](https://www.ruderware.com/practice_areas/business-transactions/data-privacy-cybersecurity/)
- [Corporate Finance & Securities](https://www.ruderware.com/practice_areas/business-transactions/corporate-finance-securities/) - Ruder Ware is one of the few Wisconsin firms located outside of Milwaukee or Madison that assists clients in complying with federal and state securities laws. We advise a number of public companies and their directors and officers regarding securities law matters, and we assist these clients in complying with periodic reporting requirements; designing equity-based The corporate finance lawyers at Ruder Ware help clients regarding state and federal securities law as well as venture capital transactions.
- [Commercial Contracts](https://www.ruderware.com/practice_areas/business-transactions/commercial-contracts/) - Ruder Ware attorneys have a broad range of experience negotiating commercial contracts for business clients across a wide variety of industries, including paper and equipment manufacturing, transportation, petroleum distribution, and communications. We combine our knowledge of the legal aspects of commercial transactions with our business expertise to provide creative, practical, and responsive advice to the
- [Business Succession Planning](https://www.ruderware.com/practice_areas/trusts-estates/business-succession-planning/) - Business succession planning is essential. A business succession plan involves issues of ownership, management, and tax savings to create a smooth transition.
- [Business Risk Analysis & Risk Management](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/business-risk-analysis-risk-management/) - Working closely with businesses, Ruder Ware litigators understand the cost benefits of providing a proactive risk assessment of current operations to identify issues before they become matters requiring litigation. Experienced trial lawyers in state and federal courts, we know firsthand the amount of time and money a trial demands from a business. It might seem
- [Business Ownership Disputes](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/business-ownership-disputes/) - A multi faceted approach to business divorce negotiation, mediation, arbitration, or litigation.
- [Business Organizations](https://www.ruderware.com/practice_areas/business-transactions/business-organizations/) - Ruder Ware assists clients who are starting a business with selecting the proper form of organization (e.g., traditional corporations or partnerships, limited liability companies, and other forms of business organization) for the entity's anticipated activities, taking into account both state and federal tax considerations. Once the organization form is selected, often done in conjunction with
- [Business Litigation/Commercial Contract Disputes](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/business-litigation/) - Ruder Ware litigators represent clients in state and federal courts as well as alternative dispute resolution and appellate proceedings throughout Wisconsin and across the country. Working closely with clients to understand their needs, industry, and business objectives, our problem solvers handle issues ranging from straightforward to complex, with a goal of a cost-effective resolution. Should
- [Banking & Financial Services Litigation](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/banking-and-financial-services-litigation/) - Our attorneys have experience in financial litigation in state and federal courts and counsel clients on disputes regarding banking operations
- [Asset Protection Planning](https://www.ruderware.com/practice_areas/trusts-estates/asset-protection-planning/) - Our asset protection attorneys advise clients on how to increase income, grow business, manage investments, and protect assets from potential claims.
- [Appeals](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/appeals/) - Our appeals attorneys can help with your appeal in many different courts without Wisconsin. Contact us now to discuss your case.
- [Antitrust & Trade Regulation](https://www.ruderware.com/practice_areas/business-transactions/antitrust-trade-regulation/) - Today's businesses face a wide variety of laws and regulations, adopted by both federal and state governments, that restrict business practices viewed as promoting monopolies or otherwise hindering interstate commerce. Businesses are also subject to a range of laws that provide warranty protections to consumers and other purchasers of products. Ruder Ware attorneys advise clients
- [Agriculture Litigation](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/agriculture-litigation/) - Counsel for producers, processors, equipment manufacturers, and distributors to include disputes re regulatory enforcement, construction, real estate, boundary, pesticide and herbicide drift, insurance, employment, workplace safety, sharehoder or business
- [Employment & Benefits](https://www.ruderware.com/practice_areas/employment-benefits/) - Ruder Ware's Employment & Benefits practice group works in tandem with private and public employers providing counsel on all aspects of human resource management. The breadth of services offered, unique for a law firm headquartered in Wausau, Wisconsin, includes counsel on highly sensitive issues such as workplace harassment, employee privacy, employee compensation, drug and alcohol
- [Trusts & Estates](https://www.ruderware.com/practice_areas/trusts-estates/) - For over 80 years, attorneys in the Trusts and Estates practice group at Ruder Ware have counseled individuals, corporate executives, small business owners, dairy farmers, and philanthropists on how to prepare for the future. Whether a client's situation is straightforward or complex, our attorneys are able to implement creative and flexible strategies that fulfill a
- [Litigation](https://www.ruderware.com/practice_areas/litigation-dispute-resolution/) - Ruder Ware litigation attorneys have substantial trial and appeal experience in state and federal courts, as well as administrative proceedings, throughout the country. With decades of problem-solving experience, our litigation attorneys offer solutions to companies across numerous industries to resolve complex legal problems. Seasoned in pretrial preparation and discovery, our attorneys promote alternative dispute resolution
- [Business Transactions](https://www.ruderware.com/practice_areas/business-transactions/) - Ruder Ware’s Business Transactions team helps businesses, owners, and managers with formation, growth, restructuring, and succession planning through practical legal guidance
- [Bankruptcy & Creditors' Rights](https://www.ruderware.com/practice_areas/business-transactions/bankruptcy-creditors-rights/) - Ruder Ware attorneys have substantial experience representing creditors' committees, financial institutions, and other creditors in bankruptcy and insolvency proceedings, as well as in matters involving complex commercial workouts and foreclosures, replevins, and homestead foreclosures. We also have a wide range of experience advising clients on transactions involving distressed businesses, and we have regularly represented financial

## Firm News

- [Attorney Amy Ebeling Elected to Board of Directors  of Meritas](https://www.ruderware.com/firm_news/attorney-amy-ebeling-elected-to-board-of-directors-of-meritas/) - Ruder Ware is pleased to announce that Attorney Amy Ebeling has been elected to the board of directors of Meritas, a global alliance of independent law firms that serves the legal needs of companies across major jurisdictions and global markets. Ebeling was elected to the position from the more than 9,200 attorneys in the Meritas
- [You're Invited: Ruder Ware Employment & Benefits Forum](https://www.ruderware.com/firm_news/youre-invited-ruder-ware-employment-benefits-forum/) - This May, the Employment & Benefits Team will host a traveling forum with a session in Green Bay. The topic, Wage & Hour Compliance Reminders, will address key legal considerations and common compliance challenges facing employers. Designed to be interactive and informal, the forum also provides an opportunity for HR professionals to learn from and
- [Attorney Amy Ebeling Named Wisconsin Law Journal Women in the Law Honoree](https://www.ruderware.com/firm_news/attorney-amy-ebeling-named-wisconsin-law-journal-women-in-the-law-honoree/) - Ruder Ware is pleased to announce Attorney Amy Ebeling has been selected as a Women in the Law Honoree by the Wisconsin Law Journal. Now in its 19th year, the annual recognition honors outstanding women attorneys from across Wisconsin for their professional achievements, leadership, and contributions to the legal community. Ebeling is among 30 attorneys
- [Attorney Shanna Fink Elected to the Fellows of the American Bar Foundation](https://www.ruderware.com/firm_news/attorney-shanna-fink-elected-to-the-fellows-of-the-american-bar-foundation/) - Ruder Ware is pleased to announce that Attorney Shanna Fink, has been elected a Fellow of the American Bar Foundation (ABF). Membership is limited to just one percent of lawyers licensed to practice in each jurisdiction. Members are nominated by their peers and selected by the ABF Board. The ABF Fellows is a global honorary
- [Kristi Parker Earns CTFA](https://www.ruderware.com/firm_news/kristi-parker-earns-ctfa/) - We're proud to announce our Fiduciary Services Administrator, Kristi Parker, recently earned her Certified Trust and Fiduciary Advisor (CTFA) designation from the American Bankers Association. This accomplishment highlights Kristi’s role within Ruder Ware’s Fiduciary Services team, which provides independent, objective support for trustees, executors, and families navigating estate and trust matters.
- [Felicia Krueger Promoted to COO](https://www.ruderware.com/firm_news/felicia-krueger-promoted-to-coo/) - Join us in congratulating Felicia Krueger on her promotion to COO. For more than ten years, Felicia has guided our accounting team with a focus on practical solutions and knowledge sharing, driving continuous improvement across the firm. She succeeds Jamie Schaefer, who recently retired from the COO role. Learn more about Felicia.
- [Welcome Attorney Morgan Boyd](https://www.ruderware.com/firm_news/welcome-attorney-morgan-boyd/) - Join us in welcoming Attorney Morgan Boyd to Ruder Ware’s Trusts & Estates Team. She brings broad legal experience and a thoughtful approach to helping clients plan for life’s transitions.
- [Welcome R. Fletcher Koch](https://www.ruderware.com/firm_news/welcome-r-fletcher-koch/) - We're excited to welcome Attorney Fletcher Koch to Ruder Ware's Litigation & Dispute Resolution Team. Fletcher excels at negotiating favorable outcomes by mastering the facts, identifying each party’s strengths and weaknesses, drafting persuasive briefs, and effectively advocating for our clients. Join us in celebrating his addition to the team!
- [Wisconsin Rapids-Based Attorneys Join Ruder Ware](https://www.ruderware.com/firm_news/wisconsin-rapids-based-attorneys-join-ruder-ware/) - Ruder Ware is pleased to announce the addition of Wisconsin Rapids-based Attorneys J.P. La Chapelle and Eric Preu to its team. La Chapelle, whose family has deep ties to the area, has practiced in Wisconsin Rapids for more than a decade. “Joining Ruder Ware will allow us to offer a broader range of legal services
- [Welcome Attorney Sarah Reed](https://www.ruderware.com/firm_news/welcome-attorney-sarah-reed/) - Sarah experienced a deteriorating family dynamic first-hand after her grandmother was diagnosed with Alzheimer’s Disease. She was inspired to become an estate planning attorney because she wanted to equip families with solutions so they wouldn’t have to live through the same experiences her family had.
- [Welcome Attorney Sam Moheban](https://www.ruderware.com/firm_news/welcome-attorney-sam-moheban/) - At Ruder Ware, Sam's practice focuses on litigation while he expands the firm's business immigration offerings, including assisting employers with employment verification compliance and their sponsorship of foreign nationals.
- [Kathi Kilgore Joins Ruder Ware](https://www.ruderware.com/firm_news/kathi-kilgore-joins-ruder-ware/) - Acquisition Swandby/Kilgore Public Affairs Government Affairs
- [Welcome Attorney Bryce Ebben](https://www.ruderware.com/firm_news/welcome-attorney-bryce-ebben/) - Join us in welcoming Attorney Bryce Ebben. He brings a distinctive perspective to Ruder Ware’s Business Transactions Team, shaped by his background in biology and certification as an Associate Ecologist. Learn more about Bryce.
- [Welcome Attorney McKenna Coffeen](https://www.ruderware.com/firm_news/welcome-attorney-mckenna-coffeen/) - We are pleased to welcome Attorney McKenna Coffeen. Growing up immersed in agriculture, McKenna dedicated herself early on to elevating the industry. Learn more about McKenna.
- [Attorney Shanna Fink Joins ACTEC as a Fellow](https://www.ruderware.com/firm_news/attorney-shanna-fink-joins-actec-as-a-fellow/) - After a rigorous vetting process, Attorney Shanna Fink was elected to join the American College of Trust and Estate Counsel (ACTEC) as a fellow. Shanna’s contributions to estate planning are extensive, from leading educational seminars and publishing articles to serving on key committees, including her current role on the State Bar of Wisconsin's Real Property
- [Attorney Amy Ebeling Joins Meritas' U.S. Leadership Committee](https://www.ruderware.com/firm_news/attorney-amy-ebeling-joins-meritas-u-s-leadership-committee/) - Ruder Ware is pleased to announce that Attorney Amy Ebeling has been appointed to the U.S. Leadership Committee for Meritas, the leading alliance of independent law firms that serves the legal needs of companies doing business across markets worldwide. Ebeling will serve a three-year term, building relationships throughout the organization on behalf of the U.S.
- [Congratulations, Ryan Gallagher, Ruder Ware Innovator](https://www.ruderware.com/firm_news/congratulations-ryan-gallagher-ruder-ware-innovator/) - Congratulations to Ryan Gallagher, President & CEO of Rocket Industrial, on receiving the Ruder Ware Innovator Award, in memory of G. Lane Ware. This honor celebrates Lane's legacy, a champion of entrepreneurship and innovation. Ryan embodies that spirit—leading Rocket Industrial’s shift to a purpose-driven model, launching initiatives like Project100K and The Million Pound Promise, and
- [Ruder Ware Named Best Law Firm](https://www.ruderware.com/firm_news/10852/) - Thank you, Wausau City Pages readers, for naming Ruder Ware the best law firm in town! We’re honored to serve the people and businesses that make our region thrive—from entrepreneurs and employers to families planning for the future. Since 1920, we’ve supported the Wausau area and beyond with a depth of legal services unique to a
- [Welcome Attorney Morgan Sweeney](https://www.ruderware.com/firm_news/welcome-attorney-morgan-sweeney/) - Join us in welcoming Morgan. At Ruder Ware, she is dedicated to helping businesses thrive by ensuring compliance and promoting healthy employer-employee dynamics.
- [Attorney Mark Munson Presents at Annual Meeting of National Academy of Elder Law Attorneys](https://www.ruderware.com/firm_news/attorney-mark-munson-presents-at-annual-meeting-of-national-academy-of-elder-law-attorneys/) - Mark Munson, Senior Associate at Ruder Ware, recently presented at the National Academy of Elder Law Attorneys (NAELA) 2010 annual meeting. Mr. Munson was invited to co-present with Virginia-based attorney Yahne Miorini of Miorini Law PLLC. Their presentation, titled, "Tax Planning for Non-Citizens," explored the special estate planning techniques that apply when donors, recipients, or
- [Attorney Mark Munson Receives Certification in Elder Law](https://www.ruderware.com/firm_news/attorney-mark-munson-receives-certification-in-elder-law/) - The National Elder Law Foundation recently certified Mark Munson as a Certified Elder Law Attorney (CELA) - one of ten in the state of Wisconsin. The certification program, the only one approved by the American Bar Association for elder law, has been developed to identify lawyers who have the enhanced knowledge, skills, and experience to
- [Welcome Attorney Jake Schraeder](https://www.ruderware.com/firm_news/welcome-attorney-jake-schraeder/) - While some see roadblocks, Jake sees solutions and resolution strategies – this ultimately inspired him to become an attorney.
- [Attorney Matthew D. Rowe Elected to Meritas Board of Directors](https://www.ruderware.com/firm_news/attorney-matthew-d-rowe-elected-to-meritas-board-of-directors/) - Ruder Ware is pleased to announce the appointment of Attorney Matthew D. Rowe to the Board of Directors for Meritas, a global alliance of independent business law firms. Mr. Rowe was elected to the position at the alliance s recent annual meeting. In his role as board member, Mr. Rowe will be responsible for reviewing
- [Twelve Ruder Ware Attorneys Receive U.S. News & World Report's Best Lawyers Designation](https://www.ruderware.com/firm_news/twelve-ruder-ware-attorneys-receive-u-s-news-world-reports-best-lawyers-designation/) - March 2013 - Ruder Ware is pleased to announce the following attorneys were recently selected by their peers for inclusion in The Best Lawyers in America(R) 2013 (Copyright 2012 by Woodward/White, Inc. of Aiken SC): David G. Anderson: Real Estate Law Mark J. Bradley: Trusts & Estates Linda M. Danielson: Trusts & Estates Dean R.
- [Four Ruder Ware Attorneys Selected for Wisconsin Super Lawyers](https://www.ruderware.com/firm_news/four-ruder-ware-attorneys-selected-for-wisconsin-super-lawyers/) - Attorneys Mark Bradley, Randi Osberg, Christopher Seelen, and Mark Munson have been selected as Wisconsin Super Lawyers. Only five percent of the lawyers in the state are named by Super Lawyers. Selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal division
- [Five Ruder Ware Attorneys Selected for Wisconsin Super Lawyers](https://www.ruderware.com/firm_news/five-ruder-ware-attorneys-selected-for-wisconsin-super-lawyers-2/) - Attorneys Mark Bradley, Dean Dietrich, Doug Klingberg, Randi Osberg, and Chris Seelen have been selected as Wisconsin Super Lawyers. Only five percent of the lawyers in the state are named by Super Lawyers. Selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters,
- [Attorney Christopher M. Seelen Appointed as Chapter 7 Bankruptcy Trustee for the Western District of Wisconsin](https://www.ruderware.com/firm_news/attorney-christopher-m-seelen-appointed-as-chapter-7-bankruptcy-trustee-for-the-western-district-of-wisconsin/) - Ruder Ware is pleased to announce Christopher Seelen has been appointed to the panel of Chapter 7 bankruptcy trustees for the Western District of Wisconsin. Mr. Seelen practices at the firm s Eau Claire office. As a Chapter 7 bankruptcy trustee, Mr. Seelen is designated to be the presiding officer at first meetings of creditors
- [Attorney Matthew D. Rowe to  Succeed Stewart L. Etten as President](https://www.ruderware.com/firm_news/attorney-matthew-d-rowe-to-succeed-stewart-l-etten-as-president/) - Ruder Ware announced today that, consistent with the firm’s succession planning efforts over the past several years, Stewart L. Etten will be stepping down as president of the firm effective April 1, 2021. Mr. Etten will continue as a full-time attorney and shareholder of the firm, with his practice focused on business transactional matters, including
- [Attorney Paul Mirr Joins Ruder Ware](https://www.ruderware.com/firm_news/attorney-paul-mirr-joins-ruder-ware/) - Ruder Ware is pleased to announce the addition of Paul Mirr to their Eau Claire attorney team. An Eau Claire native, Paul previously worked for a company once listed on the Inc. 500's list of the country's fastest growing companies. This experience allows Paul to truly understand the needs, desires, and challenges facing small business
- [Attorney Stewart L. Etten Elected President of Ruder Ware](https://www.ruderware.com/firm_news/attorney-stewart-l-etten-elected-president-of-ruder-ware/) - Ruder Ware is pleased to announce the election of Stewart Etten as its president. Etten becomes the fifth president in the firm's 93-year history succeeding Mark Bradley who will continue to serve on the firm's Board of Directors and practice law. Etten is a member of the firm's Business Transactions Practice Group and serves on
- [Anita Seering Selected for Prestigious Paralegal of the Year Award](https://www.ruderware.com/firm_news/anita-seering-selected-for-prestigious-paralegal-of-the-year-award/) - Ruder Ware is pleased to congratulate Anita Seering on receiving the "Paralegal of the Year" Award from the Paralegal Association of Wisconsin (PAW). At present, there are approximately 3000 paralegals in the state of Wisconsin with over 200 of these paralegals members of PAW. The "Paralegal of the Year" award is the most prestigious award
- [Attorney John Fisher, II Presents at National Health Care Compliance Institute in Washington, D.C.](https://www.ruderware.com/firm_news/attorney-john-fisher-ii-presents-at-national-health-care-compliance-institute-in-washington-d-c/) - Ruder Ware health care and compliance attorney John Fisher, II was a featured speaker at the Health Care Compliance Association's 2013 Compliance Institute. The Institute was attended by nearly 3,000 compliance officers, attorneys, and vendors from across the country. Mr. Fisher spoke on the topic "Compliance Issues in Mergers and Acquisitions." John holds Certification in
- [Attorney Jane Lokken Receives "Woman of Achievement" Award From The Eau Claire Area Chamber of Commerce](https://www.ruderware.com/firm_news/attorney-jane-lokken-receives-woman-of-achievement-award-from-the-eau-claire-area-chamber-of-commerce/) - Ruder Ware is pleased to congratulate Jane Lokken on receiving the Woman of Achievement Award from the Eau Claire Area Chamber of Commerce. This award celebrates the potential of all women as valued members and leaders of their community, honoring an individual who strives toward the highest level of professional accomplishment and excels in her
- [Ruder Ware Launches Blog, "The Blue Ink"](https://www.ruderware.com/firm_news/ruder-ware-launches-blog-the-blue-ink/) - In the words of one of our bloggers, "Our attorneys are dedicated to being more than just trusted legal advisors to our clients - we pride ourselves on being considered true business allies." Ruder Ware's aim of launching this blog is to be accessible to clients, prospective clients, and friends of the firm by providing
- [Attorney Shanna Yonke Joins Ruder Ware](https://www.ruderware.com/firm_news/attorney-shanna-yonke-joins-ruder-ware/) - Ruder Ware is pleased to announce the addition of Shanna Yonke to their attorney team; she will be based in the Wausau office as a member of the Trusts & Estates Practice Group. A Wausau native, Shanna advises individuals and business owners in all aspects of personal estate and business planning. Working with individuals, Shanna
- [Attorney Lon Roberts Appointed Chairman of the State of Wisconsin Investment Board (SWIB)](https://www.ruderware.com/firm_news/attorney-lon-roberts-appointed-chairman-of-the-state-of-wisconsin-investment-board-swib/) - On September 14, 2012, Lon Roberts was appointed by Governor Walker to serve as Chairman of SWIB. SWIB manages approximately $89 billion in retirement assets for the Wisconsin Retirement System and its 550,000 participants. The appointment will continue until September 14, 2014. As Chairman, Roberts will be the person responsible for the strategic direction and
- [Attorney John Fisher, II Earns his Certified Compliance Ethics Professional Designation](https://www.ruderware.com/firm_news/attorney-john-fisher-ii-earns-his-certified-compliance-ethics-professional-designation/) - John Fisher, II, a health care attorney with Ruder Ware in Wausau, Wisconsin, has obtained the designation of CCEP, Certified Compliance Ethics Professional. The certification is provided by The Society of Corporate Compliance and Ethics (SCCE), a national organization based in Minneapolis. SCCE defines the CHC designation as follows: CCEP Professional: The CCEP is a
- [Five Ruder Ware Attorneys Selected for Wisconsin Super Lawyers](https://www.ruderware.com/firm_news/five-ruder-ware-attorneys-selected-for-wisconsin-super-lawyers-3/) - Attorneys Mark Bradley, Dean Dietrich, Randi Osberg, Chris Seelen, and Mark Munson have been selected as Wisconsin Super Lawyers. Only five percent of the lawyers in the state are named by Super Lawyers. Selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters,
- [Attorney John Fisher Receives Certification in Health Care Compliance](https://www.ruderware.com/firm_news/attorney-john-fisher-receives-certification-in-health-care-compliance/) - Attorney John Fisher, a health care attorney with Ruder Ware in Wausau, Wisconsin, has obtained certification in health care compliance. Mr. Fisher will now carry the designation of CHC (Certified Healthcare Compliance). The certification is provided by the Health Care Compliance Association ("HCCA"), a national organization based in Minneapolis. Mr. Fisher is the fourth attorney
- [Attorney Kevin J.T. Terry Joins Ruder Ware](https://www.ruderware.com/firm_news/attorney-kevin-j-t-terry-joins-ruder-ware/) - Ruder Ware is pleased to announce the addition of Kevin Terry to their attorney team; he will be based in the Wausau office as a member of the Employment, Benefits & Labor Relations Practice Group and the Local Government & Municipalities and School Districts & Educational Institutions Focus Teams. At Ruder Ware, Kevin Terry will
- [Ruder Ware Promotes Attorneys Sara Ackermann and Melissa Kampmann to Shareholder Status](https://www.ruderware.com/firm_news/ruder-ware-promotes-attorneys-sara-ackermann-and-melissa-kampmann-to-shareholder-status/) - Ruder Ware recently promoted Attorneys Sara Ackermann and Melissa Kampmann to shareholder. To attain shareholder status, individuals must have proven their dedication to client service, dedication to the profession and the clients we serve, and active involvement in the communities we practice in. About Sara Ackermann Ms. Ackermann is a magna cum laude graduate of
- [Attorney Bryan T. Symes Joins Ruder Ware](https://www.ruderware.com/firm_news/attorney-bryan-t-symes-joins-ruder-ware/) - Ruder Ware is pleased to announce the addition of Bryan Symes to their attorney team; he will be based in the Eau Claire office as a member of the Employment, Labor & Benefits and Litigation & Dispute Resolution Practice Groups. Bryan represents management-side clients in the areas of employment and labor law and provides counseling
- [Attorney Christopher Seelen Receives Certification in Creditors' Rights Law](https://www.ruderware.com/firm_news/attorney-christopher-seelen-receives-certification-in-creditors-rights-law/) - Ruder Ware is pleased to announce that Eau Claire-based attorney Christopher Seelen has earned his national certification in creditors' rights law from the American Board of Certification. Mr. Seelen is only the 6th attorney in Wisconsin to achieve certification in creditors' rights and the only attorney outside the greater Milwaukee area. Mr. Seelen is a
- [Ruder Ware is Designated as a Green Business by the Eau Claire Chamber](https://www.ruderware.com/firm_news/ruder-ware-is-designated-as-a-green-business-by-the-eau-claire-chamber/) - The Eau Claire Area Chamber of Commerce recently designated Ruder Ware as a "Green Business." Currently, the Chamber recognizes 62 businesses in the area with this distinction. Ruder Ware submitted an application to the Chamber's Green Business Initiative Committee which detailed our current "green practices" in seven categories (Energy Conservation, Purchasing, Recycling, Social Capital, Transportation,
- [United Way of Marathon County Selects Attorney Dean Dietrich as Advocate of the Year](https://www.ruderware.com/firm_news/united-way-of-marathon-county-selects-attorney-dean-dietrich-as-advocate-of-the-year/) - The United Way of Marathon County presented Dean Dietrich with their first ever "Advocate of the Year" award at a recent recognition luncheon. The award honors an individual who speaks out, builds awareness of issues, and steps up to do something productive for our community. Dean was recognized for his years of service, leadership, and
- [Attorney G. Lane Ware Receives American Bar Foundation's Wisconsin Outstanding Service Award](https://www.ruderware.com/firm_news/attorney-g-lane-ware-receives-american-bar-foundations-wisconsin-outstanding-service-award/) - Ruder Ware is pleased to announce G. Lane Ware was selected as the recipient of the Wisconsin Outstanding Service Award by The Fellows of the American Bar Foundation. This award is in recognition of professional service, adhering to the highest principles and traditions of the legal profession and to the service of the public. Over
- [Attorney Dean Dietrich Receives John L. Cook Memorial Award](https://www.ruderware.com/firm_news/attorney-dean-dietrich-receives-john-l-cook-memorial-award/) - Ruder Ware is pleased to announce the selection of Dean Dietrich as the recipient of the prestigious John L. Cook Memorial Award, awarded by the Wausau Region Chamber of Commerce. The John L. Cook Memorial Award was established to honor the memory of John Cook, a member of the first class of Leadership Wausau/Marathon County,
- [Ruder Ware Hosts Higher Education Leaders](https://www.ruderware.com/firm_news/ruder-ware-hosts-higher-education-leaders/) - In an ongoing effort to bring higher education leaders together and work toward a common goal, Mark Bradley hosted a luncheon meeting on September 8, 2010 to introduce Bernie Patterson, the new Chancellor of UW-Stevens Point, to the leaders of other central and northern Wisconsin higher education institutions. Mr. Bradley has served on the Board
- [Attorney Mark J. Bradley Elected President of Ruder Ware](https://www.ruderware.com/firm_news/attorney-mark-j-bradley-elected-president-of-ruder-ware/) - Ruder Ware is pleased to announce the election of Mark Bradley as its president. Bradley becomes the fourth president in the firm's 90-year history succeeding Lon E. Roberts who served as president for eleven years. Roberts will remain active in his law practice and the firm's ownership. In making the announcement, Roberts said the firm's
- [Local Organization Honors Attorney Mark Bradley With the Badger of the Year Award](https://www.ruderware.com/firm_news/local-organization-honors-attorney-mark-bradley-with-the-badger-of-the-year-award/) - Ruder Ware, L.L.S.C. congratulates Mark Bradley on receiving the Badger of the Year Award from the UW-Alumni, Wausau Chapter. This award started in 2004 and is given to an individual that has made a positive impact on their community, both locally and statewide. At Ruder Ware, Mr. Bradley is both a shareholder and board member.
- [Attorney Melissa Kampmann Receives CFP License](https://www.ruderware.com/firm_news/attorney-melissa-kampmann-receives-cfp-license/) - Ruder Ware, L.L.S.C. congratulates Attorney Melissa Kampmann on receiving her Certified Financial Planner (CFP) certification. The CFP(R) certification is a recognized standard of excellence for personal financial planning. According to the Certified Financial Planner Board of Standards Inc. "attaining CFP(R) certification is a highly respected professional achievement for those who work within the financial services
- [Governor Doyle Reappoints Attorney Mark Bradley to UW System Board](https://www.ruderware.com/firm_news/governor-doyle-reappoints-attorney-mark-bradley-to-uw-system-board/) - Ruder Ware, L.L.S.C. is pleased to announce the reappointment of Mark Bradley to the University of Wisconsin System Board of Regents for a term to expire May 1, 2017. In announcing the appointment, Governor Jim Doyle stated, "Mark Bradley has served on the Board of Regents with distinction, and I am pleased to reappoint him
- [Four Ruder Ware Attorneys Selected to Join Fellows of the Wisconsin Law Foundation](https://www.ruderware.com/firm_news/four-ruder-ware-attorneys-selected-to-join-fellows-of-the-wisconsin-law-foundation/) - The Wisconsin Law Foundation recently selected Ruder Ware Attorneys Lon Roberts, David Anderson, Joseph Mirr, and William Tehan to join the Fellows. The Wisconsin State Bar describes the Fellows as, "an honorary program, which recognizes members of the profession in Wisconsin who are known by their peers for high achievements in their profession and outstanding
- [Attorney Melissa Kampmann Receives Up and Coming Lawyer Award](https://www.ruderware.com/firm_news/attorney-melissa-kampmann-receives-up-and-coming-lawyer-award/) - The Wisconsin Law Journal recently selected Melissa Kampmann as one of 20 "Up and Coming" lawyers in the state of Wisconsin. The award recognizes those attorneys who are on the fast track to making a significant impact on the legal profession. Per WLJ, "They show determination - in legal work, in community betterment, and in
- [Attorney Dean Dietrich Honored at Legal Action Reception](https://www.ruderware.com/firm_news/attorney-dean-dietrich-honored-at-legal-action-reception/) - Dean Dietrich was recently honored with a special award of appreciation at the 2009 Volunteer Lawyers Project Awards Reception hosted by Legal Action of Wisconsin. The annual reception honors distinguished pro bono achievement by Wisconsin attorneys. Mr. Dietrich spent countless pro bono hours negotiating with the Wisconsin Bankers Association and appearing before the Wisconsin Supreme
- [Attorney Jeremy Welch Promoted to Shareholder Status](https://www.ruderware.com/firm_news/attorney-jeremy-welch-promoted-to-shareholder-status/) - Ruder Ware recently promoted Jeremy Welch to shareholder. Mr. Welch concentrates his practice in business and commercial law, including commercial financing, mergers and acquisitions, creditors' rights, and general business law. Matthew Rowe, chair of Ruder Ware's Business Transactions practice group states, "Jeremy's commitment to the firm and dedication to our clients is deserving of his
- [Attorney Mark Munson Presents at the Annual Meeting of National Academy of Elder Law Attorneys](https://www.ruderware.com/firm_news/attorney-mark-munson-presents-at-the-annual-meeting-of-national-academy-of-elder-law-attorneys/) - Mark D. Munson, Senior Associate at Ruder Ware, recently presented at the National Academy of Elder Law Attorneys (NAELA) 2009 annual meeting. Munson, who concentrates his practice in the areas of elder law, asset preservation and protection, trust and will drafting, and medical assistance planning, was invited to co-present with Chicago-based attorney Theresa Varnet of
- [John Laehn Elected President of the Wausau Region Chamber of Commerce](https://www.ruderware.com/firm_news/john-laehn-elected-president-of-the-wausau-region-chamber-of-commerce/) - The Wausau Region Chamber of Commerce recently elected John Laehn president of the 1200-member organization effective September 4, 2008. Laehn, chief operating officer for Ruder Ware, assumes the chamber presidency from Hugh Jones, former president of M&I Bank. In reflecting on the task ahead, Laehn said, "The chamber's volunteer leadership team rotates on an annual
- [Attorney Mark Munson Joins Ruder Ware](https://www.ruderware.com/firm_news/attorney-mark-munson-joins-ruder-ware/) - Ruder Ware, L.L.S.C. is pleased to announce the addition of Mark Munson to the firm's Trusts & Estates practice group. "With the addition of Mark, our department is fully diversified in all areas of planning for an individual's and a family's legacy. Mark's nine-year legal career has focused solely on all aspects of estate planning;
- [Attorney Steve Lipowski Promoted to Shareholder](https://www.ruderware.com/firm_news/attorney-steve-lipowski-promoted-to-shareholder/) - Ruder Ware recently promoted Steve Lipowski to shareholder. Steve advises businesses large and small in a number of complex business transactions involving real estate, intellectual property and trademark issues, mergers and acquisitions, and commercial and corporate law. Business Transactions practice group chair, Matt Rowe, states, "Through Steve's eight-year tenure as an associate with our firm,
- [Two Ruder Ware Attorneys Selected as Best Lawyers in America for Labor & Employment Law](https://www.ruderware.com/firm_news/two-ruder-ware-attorneys-selected-as-best-lawyers-in-america-for-labor-employment-law/) - Attorneys Ron Rutlin and Dean Dietrich were recently selected as The Best Lawyers in America(R) in the area of Labor and Employment Law. Dietrich and Rutlin are the only attorneys selected from Central and North Central Wisconsin in this area of law. Rutlin, chair of the firm's Employment, Labor & Benefits practice group, has been
- [Attorney G. Lane Ware Selected as  Leader in Law"](https://www.ruderware.com/firm_news/attorney-g-lane-ware-selected-as-leader-in-law/) - G. Lane Ware was recently honored amongst fellow legal professionals on May 16, 2008 at the Italian Community Center by the Wisconsin Law Journal for the "Leaders in the Law" award. This recognition is awarded to those legal professionals with outstanding contributions to both their community and their profession. Ware currently serves as Chairman of
- [State Bar of Wisconsin Features Attorney G. Lane Ware In Volunteer Opportunities Ad Campaign.](https://www.ruderware.com/firm_news/state-bar-of-wisconsin-features-attorney-g-lane-ware-in-volunteer-opportunities-ad-campaign/) - State Bar of Wisconsin features G. Lane Ware in Volunteer Opportunities Ad Campaign.
- [Attorney Dean Dietrich Elected as Secretary for the League of Wisconsin Municipalities Attorney Section](https://www.ruderware.com/firm_news/attorney-dean-dietrich-elected-as-secretary-for-the-league-of-wisconsin-municipalities-attorney-section/) - Dean Dietrich, has been selected to serve the League of Wisconsin Municipalities' Attorney Section as Secretary. The section officers' responsibilities include helping League staff plan and run the upcoming Municipal Attorneys Institute. Dietrich is a widely respected speaker on Employment & Labor Law and Local Government Law topics throughout Wisconsin.
- [Attorney Dean Dietrich Honored as one of the 2006 Leaders in the Law](https://www.ruderware.com/firm_news/attorney-dean-dietrich-honored-as-one-of-the-2006-leaders-in-the-law/) - Congratulations to Dean Dietrich, legal ethics activist, who was honored as one of the 2006 Leaders in the Law on March 29, 2006 in Milwaukee by the Wisconsin Law Journal. Dean was recognized for his important contributions to Wisconsin's legal community and important contributions to the community at large.
- [Ruder Ware Welcomes Attorney Emilu Starck](https://www.ruderware.com/firm_news/ruder-ware-welcomes-attorney-emilu-starck/) - Ruder Ware is pleased to announce the addition of Emilu Starck to our Wausau attorney team. A magna cum laude graduate of the University of St. Thomas Law School, Emilu advises clients on a wide variety of business transactional matters, including the organization of business entities; financing, sale and acquisition transactions; and related matters. Her
- [Attorney Regina Butler Joins Ruder Ware](https://www.ruderware.com/firm_news/attorney-regina-butler-joins-ruder-ware/) - Ruder Ware is pleased to announce the addition of Regina Butler to our Eau Claire attorney team. An Eau Claire native and graduate of the University of Wisconsin Law School, Regina has represented the country's largest financial institutions and investors. This experience allows Regina to help individuals and business owners develop comprehensive plans to accomplish
- [Attorney John H. Fisher, II Joins Ruder Ware as Health Care Law Counsel](https://www.ruderware.com/firm_news/attorney-john-h-fisher-ii-joins-ruder-ware-as-health-care-law-counsel/) - Ruder Ware is pleased to announce the addition of John H. Fisher, II to their attorney team. He will be based in the Wausau office as a member of the Health Care Focus Team. John Fisher is an experienced health care attorney who has practiced extensively in the health care industry providing counsel to a
- [Meritas Recertifies Ruder Ware](https://www.ruderware.com/firm_news/meritas-recertifies-ruder-ware/) - Ruder Ware, L.L.S.C. recently received recertification notification from Meritas, a global alliance of business law firms delivering localized legal service. At present, nearly 200 geographic exclusive member firms are accepted on an invitation-only basis. "Meritas stipulates a periodic recertification process as a membership requirement to ensure that member firms continue their compliance to the high-standards
- [Ruder Ware Earns Recertification in Meritas, a Global Alliance of Business Law Firms](https://www.ruderware.com/firm_news/ruder-ware-earns-recertification-in-meritas-a-global-alliance-of-business-law-firms-2/) - Ruder Ware, a law firm with headquarters in Wausau and Eau Claire, recently was awarded recertification in Meritas, a global alliance of business law firms. Ruder Ware is required to successfully complete recertification every three years. Meritas is the only law firm alliance with an established and comprehensive means of monitoring and enhancing the quality
- [Attorney Kevin J. Terry Elected to Wisconsin School Attorneys Association](https://www.ruderware.com/firm_news/attorney-kevin-j-terry-elected-to-wisconsin-school-attorneys-association/) - October 13, 2014 - Ruder Ware is pleased to announce the appointment of Attorney Kevin J.T. Terry to the Board of Directors for the Wisconsin School Attorneys Association (WSAA) effective October 3, 2014. He will serve a four-year term. Kevin has concentrated his practice on working with employers in both the public and private sectors.
- [Attorney Aric Burch Joins Ruder Ware](https://www.ruderware.com/firm_news/attorney-aric-burch-joins-ruder-ware/) - Ruder Ware is pleased to announce the addition of Aric Burch to our Wausau attorney team. Aric advises individuals and business owners in all aspects of personal estate and business planning. As part of his practice, Aric facilitates the formation, operation, and growth of closely held businesses. As an estate planner, Aric is a skillful
- [Attorney G. Lane Ware Honored as a Champion of Business by  Junior Achievement](https://www.ruderware.com/firm_news/attorney-g-lane-ware-honored-as-a-champion-of-business-by-junior-achievement/) - Ruder Ware is pleased to announce the selection of G. Lane Ware as a Champions of Business honoree by Junior Achievement of Northcentral Wisconsin. Honorees represent successful business leaders who helped make the Wausau area and North Central Wisconsin economy grow. Ware joins fellow honorees Daniel Plumer and Robert C. Greenheck. From Junior Achievement's press
- [Attorney John Leary Earns Minnesota Bar License](https://www.ruderware.com/firm_news/attorney-john-leary-earns-minnesota-bar-license/) - Ruder Ware is pleased to announce that Attorney John Leary recently earned his Minnesota Bar license. Being licensed in both Wisconsin and Minnesota will enable Leary to assist banks and financial institutions based in Wisconsin with their Minnesota matters. Leary works with clients in the areas of finance and creditors' rights, business counseling, transactions, and
- [Dean Dietrich Receives Speaker of the Year Award from United Way of Marathon County](https://www.ruderware.com/firm_news/dean-dietrich-receives-speaker-of-the-year-award-from-united-way-of-marathon-county/) - Attorney Dean Dietrich was recently awarded the Speaker of the Year Award from the United Way of Marathon County. Visit our Community Blog to see what the organization had to say about Dean and the award.
- [Jamie Schaefer Elected President of Community Foundation](https://www.ruderware.com/firm_news/jamie-schaefer-elected-president-of-community-foundation/) - The Community Foundation of North Central Wisconsin (CFONCW) is governed by a 15-member board elected to strategically invest the gifts of their donors, direct disbursements of the Foundation’s assets, and plan for the community’s long-term good. Ruder Ware’s COO, Jamie Schaefer, was recently elected to serve as president of the board. CFONCW is a nonprofit
- [Angela Gonzalez Selected for Prestigious Paralegal of the Year Award](https://www.ruderware.com/firm_news/angela-gonzalez-selected-for-prestigious-paralegal-of-the-year-award/) - Ruder Ware is pleased to congratulate Angela Gonzalez on receiving the “Paralegal of the Year” Award from the Paralegal Association of Wisconsin (PAW). At present, there are approximately 3000 paralegals in the state of Wisconsin with over 200 of these paralegals members of PAW. The “Paralegal of the Year” award is the most prestigious award
- [Attorney Shaughnessy Murphy Joins Ruder Ware](https://www.ruderware.com/firm_news/attorney-shaughnessy-murphy-joins-ruder-ware/) - Shaughnessy advises clients on a wide variety of business transactional matters, including the organization of business entities; financing, sale and acquisition transactions; and related matters. He also assists clients who are involved in general business litigation matters. Prior to joining Ruder Ware, Shaughnessy served as a key senior leadership aide in the U.S. House of
- [Ruder Ware Innovator Award](https://www.ruderware.com/firm_news/ruder-ware-innovator-award/) - Wausau Region Chamber of Commerce creates award honoring G. Lane Ware. "A distinguished attorney, G. Lane Ware was the consummate professional with a sincere drive to make the Wausau community a better place for life and for business. He was tireless in his drive and support of entrepreneurship and innovation. You’d often hear him quip,
- [Five Ruder Ware Attorneys Selected for Wisconsin Super Lawyers](https://www.ruderware.com/firm_news/five-ruder-ware-attorneys-selected-for-wisconsin-super-lawyers/) - Attorneys Mark Bradley, Melissa Kampmann, Mark Munson, Randi Osberg, and Bryan Symes have been selected as Wisconsin Super Lawyers. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service
- [Dean Dietrich Selected as ATHENA Leadership Award Recipient](https://www.ruderware.com/firm_news/dean-dietrich-selected-as-athena-leadership-award-recipient/) - We are pleased to announce Dean Dietrich was selected as the Wausau Chamber’s 2015 ATHENA Leadership Award recipient. The ATHENA Leadership Award® is presented to a woman ---or man--- who is honored for professional excellence, community service, and for actively assisting women in their attainment of professional excellence and leadership skills. The Chamber explains on
- [Ruder Ware Pledges Support to Confluence](https://www.ruderware.com/firm_news/ruder-ware-pledges-support-to-confluence/) - Ruder Ware Law Firm and its attorneys have come together to pledge a collective gift of $150,000 to the Confluence Arts Center. The gift incorporates individual commitments from several attorneys in the firm, as well as a discount in the legal services Ruder Ware has provided the Confluence Project since its inception in 2011. In
- [Ruder Ware Earns Recertification in Meritas, a Global Alliance of Business Law Firms](https://www.ruderware.com/firm_news/ruder-ware-earns-recertification-in-meritas-a-global-alliance-of-business-law-firms/) - Ruder Ware recently was awarded recertification in Meritas, a global alliance of business law firms. Ruder Ware is required to successfully complete recertification every three years. Meritas is the only law firm alliance with an established and comprehensive means of monitoring and enhancing the quality of its member firms—a process that saves clients time in
- [G. Lane Ware Leadership Academy Inaugural Class Soon to Begin](https://www.ruderware.com/firm_news/g-lane-ware-leadership-academy-inaugural-class-soon-to-begin/) - The G. Lane Ware Leadership Academy, a new State Bar of Wisconsin program, aims to give lawyers resources, strategies, and skills to become effective leaders in the profession and community. The 2016-17 Leadership Academy takes place in three sessions, held at the State Bar Center in Madison, in November, February, and April. Topics to be
- [Attorney Melissa Kampmann Joins The American College  of Trust and Estate Counsel As Fellow](https://www.ruderware.com/firm_news/attorney-melissa-kampmann-joins-the-american-college-of-trust-and-estate-counsel-as-fellow/) - Ruder Ware is pleased to announce that Melissa Kampmann has become a Fellow with The American College of Trust and Estate Counsel. The American College of Trust and Estate Counsel is a nonprofit association of lawyers and law professors skilled and experienced in the preparation of wills and trusts; estate planning; and probate procedure and
- [Dean Dietrich Receives 2017 George Tipler Award](https://www.ruderware.com/firm_news/dean-dietrich-receives-2017-george-tipler-award/) - Ruder Ware is pleased to announce Attorney Dean Dietrich has received the prestigious George Tipler Award bestowed by the Wisconsin School Attorney Association (WSAA). The award honors the efforts of former Wisconsin Association of School Board’s Executive Director George Tipler, who initiated the founding of the WSAA and was a long-serving advocate for the boys
- [Attorney David Fenlon Joins Ruder Ware's Green Bay Office](https://www.ruderware.com/firm_news/attorney-david-fenlon-joins-ruder-wares-green-bay-office/) - 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;
- [Attorneys Ronald Metzler, Christopher Pahl, and Chad Levanetz Join Ruder Ware; Firm Opens Green Bay Office](https://www.ruderware.com/firm_news/attorneys-ronald-metzler-christopher-pahl-and-chad-levanetz-join-ruder-ware-firm-opens-green-bay-office/) - Attorneys Ronald Metzler, Christopher Pahl, and Chad Levanetz Join Ruder Ware; Firm Opens Green Bay Office Ruder Ware is pleased to announce the opening of its Green Bay office and that Attorneys Ronald Metzler, Christopher Pahl, and Chad Levanetz will be joining the firm. The new office will be located at 222 Cherry Street, Green
- [Attorney John Fisher Recognized as a Top Author for the  2018 JDSupra Readers’ Choice Awards](https://www.ruderware.com/firm_news/attorney-john-fisher-recognized-as-a-top-author-for-the-2018-jdsupra-readers-choice-awards/) - Ruder Ware is pleased to announce Attorney John Fisher has been recognized as a Top Author for the 2018 JDSupra (JDS) Readers’ Choice Awards for both Healthcare and Compliance. In the "Healthcare" category, Fisher ranked fifth; in the "Compliance" category, Fisher ranked seventh. Fisher was one of 240 writers selected amongst 50,000 authors who contributed
- [Tyler Richardson Selected for Prestigious Paralegal of the Year](https://www.ruderware.com/firm_news/tyler-richardson-selected-for-prestigious-paralegal-of-the-year/) - Ruder Ware is pleased to congratulate Tyler Richardson on receiving the “Paralegal of the Year” Award from the Paralegal Association of Wisconsin (PAW). Tyler is the third Ruder Ware paralegal to receive the honor – Anita Seering was honored in 2013 and Angela Gonzalez in 2015. The “Paralegal of the Year” award is the most

## Legal Updates

- [Understanding the Functional Screen Test](https://www.ruderware.com/legal_updates/understanding-the-functional-screen-test/) - When applying for Wisconsin Medicaid long-term care programs, financial eligibility is only part of the process. Individuals must also demonstrate that they meet the required level of care through what is known as the functional screen test. The functional screen is a standardized assessment used in Wisconsin to determine whether an individual qualifies for Medicaid-funded
- [On the Move: IRS Increases Standard Mileage Rates Mid-Year](https://www.ruderware.com/legal_updates/on-the-move-irs-increases-standard-mileage-rates-mid-year/) - Due to the sustained increase in the price of fuel, the Internal Revenue Service (the “IRS”) has increased the optional standard mileage rates mid-year for computing the deductible cost of operating an automobile for business, medical, and moving expenses. Effective July 1, 2026, the optional standard mileage rates are 76 cents per mile for business
- [How Much Does Long-Term Care Cost and How Do I Pay for It?](https://www.ruderware.com/legal_updates/how-much-does-long-term-care-cost-and-how-do-i-pay-for-it/) - One of the most common concerns families face when discussing long-term care is cost. Whether care is provided at home, in an assisted living facility, or in a nursing home, long-term care expenses can become significant very quickly. In Wisconsin, nursing home care can cost thousands of dollars each month, and even part-time in-home assistance
- [What is Long Term Care?](https://www.ruderware.com/legal_updates/what-is-long-term-care/) - When a loved one begins to need help with daily activities, families often face difficult decisions about care. Long-term care is not limited to nursing homes—it includes a wide range of services that help individuals manage daily living when age, illness, disability, or cognitive decline makes independent living difficult. Long-term care may include help with
- [2016 Qualified Plan Cost of Living Increases,  2016 Social Security Taxable Wage Base](https://www.ruderware.com/legal_updates/2016-qualified-plan-cost-of-living-increases-2016-social-security-taxable-wage-base/) - The Internal Revenue Service has announced the cost-of-living adjustments for the various qualified retirement plan limits. All of the limits shown below remain unchanged from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2015: $18,000 2016: $18,000 $200,000 compensation limit 2015: $265,000 2016: $265,000 $160,000 defined benefit limit 2015: $210,000
- [2027 HSA Limits Are Announced](https://www.ruderware.com/legal_updates/2027-hsa-limits-are-announced/) - On May 29, 2026, the IRS announced the Health Savings Account limits for 2027. With respect to contribution limits, and reflecting the inflationary environment, the limits are higher than the ones for 2026 and the required deductible and out-of-pocket maximums have increased as well. As a reminder, these inflation adjusted amounts are effective for calendar
- [Proposed EEOC Rule Signals Shift in Reporting Requirements](https://www.ruderware.com/legal_updates/proposed-eeoc-rule-signals-shift-in-reporting-requirements/) - On May 14, the Equal Employment Opportunity Commission (“EEOC”) submitted a proposal to the Office of Information and Regulatory Affairs (“OIRA”) seeking to rescind EEO-1 reporting requirements for all eligible employers, along with EEO-2, EEO-3, EEO-4, and EEO-5 data collection, and reporting requirements under Title VII of the Civil Rights Act of 1964, the Americans
- [IRS Releases New Mileage Rates for 2026](https://www.ruderware.com/legal_updates/irs-releases-new-mileage-rates-for-2026/) - The Internal Revenue Service issued the 2026 optional standard mileage rates today for computing the deductible cost of operating an automobile for business, charitable, medical, or moving purposes. The most notable change is the per mile increase for business use mileage. Effective January 1, 2026, the optional standard mileage rates for the use of a
- [USCIS Announces Registration Dates for Fiscal Year 2027 H-1B Cap Lottery](https://www.ruderware.com/legal_updates/uscis-announces-registration-dates-for-fiscal-year-2027-h-1b-cap-lottery/) - U.S. Citizenship and Immigration Services (USCIS) has announced that the registration period for the fiscal year 2027 H-1B cap lottery will open at 12:00 p.m. Eastern Time on March 4 and will close at 12:00 p.m. Eastern Time on March 19. The registration fee for this year is $215 per registration. New Weighted Selection Process
- [Non-Compete Agreements Must Be Limited To Be Enforceable](https://www.ruderware.com/legal_updates/non-compete-agreements-must-be-limited-to-be-enforceable/) - A noncompete provision prohibits an individual from competing against the individual's employer or former employer during his or her employment and after the employment relationship has ended. Wisconsin has adopted a law which addresses the legality of noncompete provisions. Section 103.465 of the Wisconsin Statutes states that a provision prohibiting an individual from competing with
- [Who Should Be Trustee?](https://www.ruderware.com/legal_updates/who-should-be-trustee/) - Many people think of trusts as stodgy legal documents used primarily for leaving money to heirs. But the truth is that trusts are much more than that. Trusts can be used for a broad variety of purposes, from charitable gifting to reducing your taxes. A trust is simply a formal agreement that assigns ownership of
- [New Burden Placed on Employers to Disprove Discrimination](https://www.ruderware.com/legal_updates/new-burden-placed-on-employers-to-disprove-discrimination/) - Last year, the United States Supreme Court increased the burden on employers to disprove claims of discrimination. In a case known as the Reeves decision, the Supreme Court, for the first time, allowed a jury to find that discrimination had occurred based on "inferences" of discrimination rather than on direct evidence of discrimination. In other
- [Managing Environmental Impairment](https://www.ruderware.com/legal_updates/managing-environmental-impairment/) - Environmental issues permeate commercial and industrial real estate development and acquisition of businesses. In addition to traditional contractual mechanisms to allocate the risk of environmental liability, there are a variety of statutory protections to encourage Brownfield redevelopment. This outline will describe mechanisms available to the stakeholders in commercial and industrial development. I. LOCAL GOVERNMENTAL UNIT
- [Jobs and Growth Tax Relief Reconciliation Act of 2003](https://www.ruderware.com/legal_updates/jobs-and-growth-tax-relief-reconciliation-act-of-2003/) - On May 28, 2003, President Bush signed the Jobs and Growth Tax Relief Reconciliation Act of 2003 (the "Act"). The Act provides a tax cut package of $350 billion and contains no provisions for raising revenue. Outlined below are several key provisions for investors and businesses. Reduction in Ordinary Income Tax Rates for Individuals. The
- [Important WFEA Development -  Wisconsin Supreme Court Decides Hutchinson Technology Case](https://www.ruderware.com/legal_updates/important-wfea-development-wisconsin-supreme-court-decides-hutchinson-technology-case/) - On June 30, 2004, the Wisconsin Supreme Court upheld a decision issued by the Labor and Industry Review Commission, holding an employer violated the Wisconsin Fair Employment Act (WFEA) by failing to reasonably accommodate a disabled employee or showing that doing so would impose a hardship on the employer. Hutchinson Technology, Inc. v. Labor and
- [State of Wisconsin Will Not Follow New Federal "White Collar" Rules Issued by the Department of Labor](https://www.ruderware.com/legal_updates/state-of-wisconsin-will-not-follow-new-federal-white-collar-rules-issued-by-the-department-of-labor/) - In late April of 2004, the U.S. Department of Labor (DOL) issued final revisions to its new regulations pertaining to the "white collar" overtime pay exemptions under the Fair Labor Standard Act (FLSA). The white collar exemptions apply to executive, administrative, professional, computer and outside sales employees. The new regulations redefine the criteria used to
- [Sundance Rehabilitation Corporation v. EEOC](https://www.ruderware.com/legal_updates/sundance-rehabilitation-corporation-v-eeoc/) - The above decision was issued by the United States District Court, Northern District of Ohio, Eastern Division on July 26, 2004. The decision pertains to the enforceability of a general release of all claims that includes a provision that states that the individual will not file a claim with an administrative agency, such as the
- [Mergers and Acquisitions Affected By Amended Thresholds Under Hart-Scott-Rodino Act Effective March 2, 2005](https://www.ruderware.com/legal_updates/mergers-and-acquisitions-affected-by-amended-thresholds-under-hart-scott-rodino-act-effective-march-2-2005/) - A recent rulemaking announced by the Federal Trade Commission has amended the various filing thresholds for parties engaged in merger and acquisition activity subject to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR"), effective as of March 2, 2005. These filing thresholds are being amended as required by statute based upon increases in the United
- [Employers Do Not Have Duty to Predict Future  Economic Conditions of Company](https://www.ruderware.com/legal_updates/employers-do-not-have-duty-to-predict-future-economic-conditions-of-company/) - When is an employer guilty of misrepresentation when recruiting employees? In Bellon v. Ripon College, Christina Bellon sued her former employer, Ripon College, for misrepresentation to induce employment. At the District Court level, Ripon College prevailed. The Court of Appeals ruled in favor of Ripon College, and held that an employer is not required to
- [Arbitrators May Have Ability to Award Punitive  Damages Unless Limited by Arbitration Agreement](https://www.ruderware.com/legal_updates/arbitrators-may-have-ability-to-award-punitive-damages-unless-limited-by-arbitration-agreement/) - In Winkelman v. Kraft Foods, Inc., John Winkelman sued to terminate a contract he signed with the Defendant Kraft Foods, Inc. As a condition of entering the contract, a representative from Kraft indicated to Winkelman if milk prices fluctuated, Winkelman would be able terminate the contract by giving Kraft a one-month notice. The contract between
- [Poorly Drafted Nonsolicitation Agreement Ruled Unenforceable](https://www.ruderware.com/legal_updates/poorly-drafted-nonsolicitation-agreement-ruled-unenforceable/) - A recent Wisconsin Court of Appeals decision involved the interpretation of a nonsolicitation clause contained in an employment agreement between an employer and four former employees. In The Hayes Benefit Group of Wisconsin, LLC v. Palmer and Cay of Wisconsin, the District Court held that the nonsolicitation language contained in the agreement was overly broad
- [Court of Appeals Provides Guidance on Protecting  Company Trade Secret/Confidential Information](https://www.ruderware.com/legal_updates/court-of-appeals-provides-guidance-on-protecting-company-trade-secret-confidential-information/) - In Burbank Grease Services, LLC v. Larry Sokolowski, the Defendant, Larry Sokolowski, was a former sales executive of Plaintiff Burbank Grease Services, LLC. Burbank is in the business of collecting and processing used restaurant fry grease, trap grease, and industrial grease. Sokolowski quit his job and kept various pieces of customer information, including customer lists,
- [Employer Must Give 60 Days Notice  Where Layoff is Reasonably Foreseeable](https://www.ruderware.com/legal_updates/employer-must-give-60-days-notice-where-layoff-is-reasonably-foreseeable/) - The WARN Act requires that an employer give 60 days notice to employees before laying them off. An exception to this rule is where the business faces "unforeseen business circumstances." A business circumstance may be reasonably unforeseeable if it was caused by some sudden, drastic, and unexpected action, or by conditions outside of the employer's
- [Employer Violates NLRA by Attempting to  Defeat Union Election by Promise of Improved Benefits](https://www.ruderware.com/legal_updates/employer-violates-nlra-by-attempting-to-defeat-union-election-by-promise-of-improved-benefits/) - In NLRB and Graphic Communication Union v. Curwood, Inc., the employer, Curwood, was alleged to have violated the NLRA when it attempted to counter a union campaign by promising improvements in its pension benefits to employees in the voting unit. As a result of the promised increased benefits, the Union lost their election. It then
- [New Department of Labor Military Leave Posting Requirement](https://www.ruderware.com/legal_updates/new-department-of-labor-military-leave-posting-requirement/) - On March 10,2005 the Department of Labor issued a new regulation that requires employers to post a notice describing an employee's rights, benefits and obligations under the Uniformed Services Employment and Re-employment Rights Act or "USERRA." USSERRA is the federal law that provides employment and re-employment rights to employees who leave their jobs, voluntarily or
- [U.S. Supreme Court Makes It Easier For Employees  To Bring Age Discrimination Claims](https://www.ruderware.com/legal_updates/u-s-supreme-court-makes-it-easier-for-employees-to-bring-age-discrimination-claims/) - Consider the following scenario: due to a recent decline in sales, your company is forced to layoff several of its employees. Two of the older employees affected by the layoff, John Jones and Jane Smith, threaten to sue your company for discrimination in violation of the Age Discrimination in Employment Act ("ADEA"). Both employees are
- [The U.S. Supreme Court Permits Claims Under  Title IX for Retaliation Against Employee Based  On Complaints of Sex Discrimination](https://www.ruderware.com/legal_updates/the-u-s-supreme-court-permits-claims-under-title-ix-for-retaliation-against-employee-based-on-complaints-of-sex-discrimination/) - In a 5-4 decision, the U.S. Supreme Court recently held in Jackson v. Birmingham Board of Education that Title IX's private right of action encompasses claims of retaliation against an individual that complained about sex discrimination. Roderick Jackson ("Jackson"), a teacher and girls basketball coach in the Birmingham, Alabama Public Schools, complained to his supervisors
- [Seventh Circuit Finds Sexual Comments  Are "Inappropriate" But Not "Harassment"](https://www.ruderware.com/legal_updates/seventh-circuit-finds-sexual-comments-are-inappropriate-but-not-harassment/) - Rhonda Moser sued her employer for sexual harassment. In her claim, she alleged a male co-worker "harassed" her, and she cited several specific examples of his behavior. Specifically, she alleged that her co-worker: talked "down to her;" made reference to her "tits;" told other male co-workers to "watch out because Ms. Moser likes good-looking men;"
- [Government Employee's First Amendment Right to Free  Speech Involving Their Employment Must Give Rise  to a "Public Concern" in Order to be Protected](https://www.ruderware.com/legal_updates/government-employees-first-amendment-right-to-free-speech-involving-their-employment-must-give-rise-to-a-public-concern-in-order-to-be-protected/) - The First Amendment of the United States Constitution provides that "Congress shall make no law ... abridging the freedom of speech." Inherent in the right of free speech is the right to criticize the government for the actions that effect its citizens. But what if you work for the government? Is public criticism of a
- [Important IRS Guidance Allows a Second Chance for  Flexible Spending Account Participants Before Application  of "Use It or Lose It" to Unspent Funds](https://www.ruderware.com/legal_updates/important-irs-guidance-allows-a-second-chance-for-flexible-spending-account-participants-before-application-of-use-it-or-lose-it-to-unspent-funds/) - On May 18, 2005, the IRS issued a notice which provides significant relief from the "use it or lose it" rule which applies to amounts set aside in flexible spending accounts. Prior to this new guidance, only expenses incurred during the plan year could be reimbursed from dependent care and medical reimbursement flexible spending accounts
- [Wisconsin Labor and Industry Review Commission Rejects Faragher/Ellerth Defense](https://www.ruderware.com/legal_updates/wisconsin-labor-and-industry-review-commission-rejects-faragher-ellerth-defense/) - In a recent decision, the Wisconsin Labor and Industry Review Commission (LIRC) expressly rejected the Faragher/Ellerth defense that the Supreme Court articulated for employers in its infamous 1998 decisions. In Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), the United States Supreme
- [Seventh Circuit Affirms $175,000.00 Award for  Emotional Distress in Title VII Claim Despite Employee's Lack of Medical Evidence](https://www.ruderware.com/legal_updates/seventh-circuit-affirms-175000-00-award-for-emotional-distress-in-title-vii-claim-despite-employees-lack-of-medical-evidence/) - On September 7, 2005, the United States Court of Appeals for the Seventh Circuit affirmed a district court decision that had awarded $175,000 to a Hispanic woman who claimed she was wrongfully denied a promotion by the City of Chicago. Deloughery v. City of Chicago, No. 02 C 2722 (7th Cir. Sept. 7, 2005). Delores
- [Finally - OFCCP Issues Final Rule on  Internet Applicants for Federal Contractors!](https://www.ruderware.com/legal_updates/finally-ofccp-issues-final-rule-on-internet-applicants-for-federal-contractors/) - The Office of Federal Contract Compliance Programs ("OFCCP") has issued its final regulations regarding recordkeeping requirements for Internet applicants. Federal Register, Vol. 70, No. 194 (Oct. 7, 2005). The following is an outline of the new regulations. If you have questions or concerns about how these new regulations affect your current recordkeeping practices, please contact
- [Szleszinski v. LIRC, 2005 Wisc. App. 832](https://www.ruderware.com/legal_updates/szleszinski-v-lirc-2005-wisc-app-832/) - In a recent case, the Wisconsin Court of Appeals found that an employer violated the Wisconsin Fair Employment Act ("WFEA") when it terminated an employee without sufficient evidence to support the "valid safety" defense. The plaintiff, Leon Szleszinski, was a truck driver who had been previously diagnosed with Wilson's disease. Wilson's disease is a disorder
- [Supreme Court Rules In "Donning and Doffing" Cases](https://www.ruderware.com/legal_updates/supreme-court-rules-in-donning-and-doffing-cases/) - On November 8, 2005, the United States Supreme Court unanimously held that the time employees spend walking to and from the production floor after putting on ("donning") unique protective clothing [1] and gear and before taking off ("doffing") such gear, as well as time spent waiting to take off such gear, is compensable under the
- [Are you in Compliance With the  Affirmative Action Plan Requirements?](https://www.ruderware.com/legal_updates/are-you-in-compliance-with-the-affirmative-action-plan-requirements/) - By federal law, certain employers are required to develop and maintain an affirmative action plan (AAP). The central premise underlying an AAP is that an employer's workforce should reflect the gender, racial, and ethnic profile of the labor pools from which the employer recruits and selects. An AAP targets problem areas in the employer's workforce,
- [Employer's Policies May Have Violated FMLA](https://www.ruderware.com/legal_updates/employers-policies-may-have-violated-fmla/) - I. One Hour Advance Notice Policy. Many employers have adopted policies stating employees must provide a certain amount of advance notice if they will not be reporting for work. For example, an employer may require an employee to call-in and provide the employer with at least one hour of notice that the employee will
- [USERRA Regulation Update](https://www.ruderware.com/legal_updates/userra-regulation-update/) - The Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. 4301-4333 was enacted by Congress to protect the rights of persons who leave employment positions to undertake military services. The Department of Labor recently issued final regulations interpreting USERRA that went into effect on January 18, 2006. 20 CFR Part 1002.210. The
- [Wal-Mart Wisconsin Employees Fail in Effort to  Certify Class Action for Unpaid Meal and Rest Breaks](https://www.ruderware.com/legal_updates/wal-mart-wisconsin-employees-fail-in-effort-to-certify-class-action-for-unpaid-meal-and-rest-breaks/) - Recently, the Wisconsin Court of Appeals decided that Wisconsin will not be a state where Wal-Mart employees can litigate whether they were properly paid for meal and rest breaks. Hermanson, et al v. Wal-Mart Stores, Inc., 2001 CV8080 (Feb 21, 2006.) The complaint sought class action certification for tens of thousands of current and
- [2005 Wisconsin Act 86 -- Changes to Unemployment Compensation Law](https://www.ruderware.com/legal_updates/2005-wisconsin-act-86-changes-to-unemployment-compensation-law/) - A new state law, 2005 Wisconsin Act 86, made various changes to the unemployment insurance provision of the state statutes. The changes became effective January 1, 2006. The new law increased the weekly benefit rates for eligible individuals. A second rate increase will take effect on January 1, 2007. The weekly rates had not been
- [Recent Court Decision Regarding Calculating Overtime Pay](https://www.ruderware.com/legal_updates/recent-court-decision-regarding-calculating-overtime-pay/) - The Fair Labor Standards Act (FLSA) requires employers to pay overtime pay to non-exempt employees who work more than a specified number of hours during the work week. The FLSA does not limit the number of hours that an employee may work, either daily or weekly. It simply requires that overtime pay must be paid
- [Wage and Hour Trends](https://www.ruderware.com/legal_updates/wage-and-hour-trends/) - I. Wage/Hour Claims. The number of minimum wage and overtime pay lawsuits filed under the Fair Labor Standards Act (FLSA) has increased sharply in recent years. After consistently being between 1,000 and 2,000 a year during the 1990s, the number of lawsuits has risen steadily since 2000. By 2004, the annual number of filings has
- [Federal Family and Medical Leave Act Issues](https://www.ruderware.com/legal_updates/federal-family-and-medical-leave-act-issues/) - I. Meaning of "Care" for FMLA Purposes. In Tellis v. Alaska Airlines, Inc., 414 F.3d 1045 (9th Cir. 2005), the Ninth Circuit Court of Appeals recently considered what kind of "care" is required to qualify an employee for leave to care for a family member under the federal Family and Medical Leave Act (FMLA).
- [What You Need to Know About Notice and Opportunity to Repair Legislation](https://www.ruderware.com/legal_updates/what-you-need-to-know-about-notice-and-opportunity-to-repair-legislation/) - Homeowners file a complaint against you alleging that defects exist in their new home. The complaint is the first notice you have received from the disgruntled homeowners. You notify your insurance company, get the complaint to your attorney, and the time-consuming and expensive litigation process begins. Well, not so fast. In many states - perhaps
- [Court Requires Employer to Take  Affirmative Action Regarding Pornography in Workplace](https://www.ruderware.com/legal_updates/court-requires-employer-to-take-affirmative-action-regarding-pornography-in-workplace/) - In Doe v. XYC Corporation, 887 A.2d 1156 (2005), a coworker notified management officials that an employee had been visiting pornographic sites. However, no action was taken. Some time later, several coworkers complained the same employee was again viewing pornography on his computer. Again, no action was taken. The following year, another coworker complained about
- [Wage and Hour Issues](https://www.ruderware.com/legal_updates/wage-and-hour-issues/) - We thought the following legal developments regarding wage and hour issues would be of interest. I. Sehie v. City of Aurora, Case No. 04-2308 (U.S. Dis. Ct. of N. Dis. of Ill.): In this case, the U.S. District Court for the Northern District of Illinois concluded that the time an employee spends attending
- [Family and Medical Leave Act Matters - Eligibility for Leave](https://www.ruderware.com/legal_updates/family-and-medical-leave-act-matters-eligibility-for-leave/) - We thought the following matters pertaining to the federal Family and Medical Leave Act would be of interest to you. I. Minard v. ITC Deltacom Communications, Inc., Case No. 04-30230 (5th Cir. Ct. App. 4/18/2006): In this matter, an employee was to undergo surgery. The employer informed the employee she was eligible for
- [Livestock Siting Rules - ATCP 51](https://www.ruderware.com/legal_updates/livestock-siting-rules-atcp-51/) - Background Livestock operations are poised to expand now that Wis. Admin. Code ATCP 51 will take effect after a long and highly visible rule-making process. Livestock operators have faced contentious and expensive local zoning and judicial review proceedings with unpredictable results that varied from locality to locality. Rep. David Ward, R-Jefferson, whose own family farm
- [Proposed Rule Requires Employers Take Action  Upon Receipt of "No-Match" Letter](https://www.ruderware.com/legal_updates/proposed-rule-requires-employers-take-action-upon-receipt-of-no-match-letter/) - The Department of Homeland Security ("DHS") wants to eliminate unauthorized workers. To further its goal, on June 14, 2006 the DHS published proposed rules regarding what an employer must do when it receives a "no-match letter." What is a "no-match letter?" Annually, employers send the Social Security Administration ("SSA") millions of W-2 Forms in which
- [Supreme Court Finds Employees Have Greater Protection Under Title VII's Anti-Retaliation Provision](https://www.ruderware.com/legal_updates/supreme-court-finds-employees-have-greater-protection-under-title-viis-anti-retaliation-provision/) - On June 22, 2006, the United States Supreme Court held that Title VII's anti-retaliation provision is not limited to actions affecting employment terms and conditions, but can cover a much broader range of employer acts. Burlington Northern & Santa Fe Railway Co. v. White, No. 05-259 (2006). The Facts of the Case: Sheila White was
- [Employers Must Temporarily Tolerate Disability- Related Absences While Employee Seeks Medical Evaluation](https://www.ruderware.com/legal_updates/employers-must-temporarily-tolerate-disability-related-absences-while-employee-seeks-medical-evaluation/) - In a recent decision, the Wisconsin Court of Appeals held that "temporarily tolerating" an employee's absences is required as a reasonable accommodation under the Wisconsin Fair Employment Act. Stoughton Trailers v. Labor and Industry Review Commission and Geen, (Wis. Ct. App. July 27, 2006). Unfortunately, the court's decision is troubling news for Wisconsin employers already
- [Wisconsin Employment Posters](https://www.ruderware.com/legal_updates/wisconsin-employment-posters/) - At the end of August 2006, the State of Wisconsin, Department of Workforce Development, Equal Rights Division, issued updated employment law posters with current contact information for the Equal Rights Division. The Division has recommended that Wisconsin employers post the updated posters with the new information in their work place. You may have been contacted
- [Wisconsin Court of Appeals Finds Disappointed  Bidders May Not Recover Lost Profits as Damages](https://www.ruderware.com/legal_updates/wisconsin-court-of-appeals-finds-disappointed-bidders-may-not-recover-lost-profits-as-damages/) - On February 28, 2006, the Wisconsin Court of Appeals held that lost profit damages are not an available remedy to a disappointed bidder for a municipal road construction project. The court determined that a disappointed bidder may recoup lost profits by properly enjoining a municipality from awarding a contract to another bidder and either recovering
- [NLRB Issues Guidelines for Determining Who is a "Supervisor"](https://www.ruderware.com/legal_updates/nlrb-issues-guidelines-for-determining-who-is-a-supervisor/) - The issue of what duties and responsibilities an individual must perform in order to be considered a "supervisor" as defined by the National Labor Relations Act (the "Act") has been in a state of flux for several years. In 2001, the U.S. Supreme Court criticized the Board's interpretation of the section of the National Labor
- [WI Court of Appeals Overturns LIRC:  Employee's Off-Duty Use of Alcohol That  Violated Last Chance Agreement Constitutes "Misconduct"](https://www.ruderware.com/legal_updates/wi-court-of-appeals-overturns-lirc-employees-off-duty-use-of-alcohol-that-violated-last-chance-agreement-constitutes-misconduct/) - On September 26, 2006, the Wisconsin Court of Appeals overturned the Labor and Industry Review Commission in deciding that an employee's violation of a last chance agreement was sufficient to warrant a denial of unemployment benefits. Patrick Cudahy, Inc., v. Daryl Cross, 2005AP2074 (Wis. Ct. App. Sept. 26, 2006.) Facts of the Case: Daryl Cross
- [Charitable Giving Provisions for Individuals  in the Pension Protection Act of 2006](https://www.ruderware.com/legal_updates/charitable-giving-provisions-for-individuals-in-the-pension-protection-act-of-2006/) - The Pension Protection Act of 2006 contains important provisions designed to encourage charitable contributions by individuals. At the same time, Congress was concerned about reining in what it perceives as abuses of the charitable contribution deduction, so the Pension Act contains a number of restrictions on your ability to obtain a deduction for donations of
- [FMLA Leave May Be Held Against Employee](https://www.ruderware.com/legal_updates/fmla-leave-may-be-held-against-employee/) - A Judge in the U.S. District Court for the Eastern District of Virginia recently held that leave taken under the federal Family and Medical Leave Act may be held against an employee in determining whether the employee can perform his essential function of attendance for purposes of an Americans with Disabilities Act claim. Payne v.
- [Opportunity to Comment on Federal FMLA](https://www.ruderware.com/legal_updates/opportunity-to-comment-on-federal-fmla/) - The U.S. Department of Labor was expected to issue revised rules under the Federal Family and Medical Leave Act (FMLA) . However, in lieu of doing so, the DOL recently published a request for information on FMLA in the Federal Register. The notice provides a (60) day comment period ending on February 2, 2007. Employers
- [DOL Says: Information Technology (IT)  Support Specialist Should Be Non-exempt](https://www.ruderware.com/legal_updates/dol-says-information-technology-it-support-specialist-should-be-non-exempt/) - On October 26, 2006, the U.S. Department of Labor issued an opinion letter regarding whether an Information (IT) Support Specialist qualified for exemption under the Fair Labor Standards Act. It found the position did not qualify. The Duties of the Position: The employer had described the duties of the position as follows: 55%
- [HIPAA Privacy Notice Reminder](https://www.ruderware.com/legal_updates/hipaa-privacy-notice-reminder/) - The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") requires certain group health plans to provide enrollees with a notice of privacy practices. The HIPAA Privacy Rule requires health plans remind individuals about this privacy notice no less frequently than every three years. A new notice may be sent to all enrollees, but HIPAA
- [The Twelve Months That an Employee Must Be  Employed to Qualify for Federal FMLA Need Not Be Consecutive](https://www.ruderware.com/legal_updates/the-twelve-months-that-an-employee-must-be-employed-to-qualify-for-federal-fmla-need-not-be-consecutive/) - For purposes of the federal Family and Medical Leave Act (FMLA), an employee must have been employed by his or her employer for at least 12 months and worked at least 1,250 hours in the last 12-month period to be eligible for FMLA leave. A federal Department of Labor (DOL) regulation (29 C.F.R. 825.110 (a)(1)
- [Employee Only Needs to Inform Employer of  Probable Need for FMLA](https://www.ruderware.com/legal_updates/employee-only-needs-to-inform-employer-of-probable-need-for-fmla/) - The Seventh Circuit Court of Appeals, whose jurisdiction encompasses Wisconsin, recently issued a decision under the Family and Medical Leave Act of importance for employers. In Burnett v. LFW, Inc., Case No. 06-1013 (12/26/06), a janitor filed a claim against his former employer, the Habitat Company, alleging the employer had violated the federal Family and
- [Federal Minimum Wage to Increase to $7.25 by 2009](https://www.ruderware.com/legal_updates/federal-minimum-wage-to-increase-to-7-25-by-2009/) - Known as the "Fair Minimum Wage Act of 2007," a new law will amend the Fair Labor Standards Act (FLSA) to raise the federal minimum wage to $5.85 an hour 60 days after enactment, to $6.55 an hour one year later, and then to $7.25 an hour in 2009. This will result in a 41%
- [Termination During Healing Period Requires Renewed TTD Payment Under Worker's Compensation Law](https://www.ruderware.com/legal_updates/termination-during-healing-period-requires-renewed-ttd-payment-under-workers-compensation-law/) - The Wisconsin Court of Appeals has ruled in favor of an employee's claim for renewed workers' compensation temporary total disability benefits ("TTD") after he was fired for having violated a very important safety rule. The employee, Dennis Race, was an electrician for Emmpack Foods. Race suffered an on-the-job injury to his left hand. Race returned
- [School Districts Should Prepare For IRS  Contact Regarding Tax-Sheltered Annuity Plans](https://www.ruderware.com/legal_updates/school-districts-should-prepare-for-irs-contact-regarding-tax-sheltered-annuity-plans/) - The IRS recently announced an expansion of the 403(b) Universal Availability project originally launched in June 2006 which involves sending questionnaires to public school districts throughout the U.S. in an effort to ensure compliance with the universal availability requirement for tax-sheltered annuities. If your school district has a tax-sheltered annuity (403(b) plan), it may receive
- [Family Military Leave](https://www.ruderware.com/legal_updates/family-military-leave/) - A bill has been introduced in the Wisconsin legislature, Senate Bill 173, which amends Wisconsin's Family and Medical Leave Act (FMLA) to include Family Military Leave. The Bill entitles an employee who is member of the United States Armed Forces, the National Guard of this state or any other state, or the state defense force
- [Employers Dealt Another Blow by Wisconsin Supreme Court](https://www.ruderware.com/legal_updates/employers-dealt-another-blow-by-wisconsin-supreme-court/) - The Wisconsin Supreme Court recently issued a decision that will have a dramatic impact upon an employer's obligation to provide reasonable accommodations for disabled employees. We are providing a detailed analysis of this decision because it will be of vital importance to employers. The facts must be given in detail if there is to
- [Court Authorizes EEOC to Create Exemption Under ADEA](https://www.ruderware.com/legal_updates/court-authorizes-eeoc-to-create-exemption-under-adea/) - The Third Circuit Court of Appeals recently issued an opinion that supports the ability of employers to reduce or eliminate the health benefits payable to retirees who qualify for Medicare. The road leading to this decision began with the Third Circuit's decision in Erie County Retirees Ass'n v. County of Erie. In that case, the
- [Senate Bill 165 - Wisconsin Fair Employment Act](https://www.ruderware.com/legal_updates/senate-bill-165-wisconsin-fair-employment-act/) - The Wisconsin State Senate Labor Committee is hearing Senate Bill 165 on Tuesday, August 28, 2007, at 11:00 a.m. in Room 411 South of the State Capitol Building. Senate Bill 165 creates unlimited compensatory and punitive damages for WFEA Claims. The bill permits the Wisconsin Department of Workforce Development (DWD) or a person who
- [Department of Homeland Security Issues Final  Regulation Regarding "Safe Harbor" Procedures  for Employers Who Receive "No-Match" Letters"](https://www.ruderware.com/legal_updates/department-of-homeland-security-issues-final-regulation-regarding-safe-harbor-procedures-for-employers-who-receive-no-match-letters/) - On August 15, 2007, the Federal Register published the Department of Homeland Security's final regulation outlining the safe harbor procedures for employers who receive no-match letters (i.e., name of employee/job applicant does not match listed social security number). The rule is effective September 14, 2007. The rule imposes certain safe harbor procedures for employers to
- [New EEO-1 Deadline Fast Approaching](https://www.ruderware.com/legal_updates/new-eeo-1-deadline-fast-approaching/) - The federal EEO-1 report requires employers with 100 or more workers, federal contractors with 50 or more workers and $50,000 or more in federal business, and some financial organizations (e.g., banks), regardless of size, to annually report the racial and ethnic composition of their workforce. The data is used to assess diversity in the American
- [Update - Final Regulation Regarding "Safe Harbor" Procedures for Employers Who Receive "No-Match" Letter](https://www.ruderware.com/legal_updates/update-final-regulation-regarding-safe-harbor-procedures-for-employers-who-receive-no-match-letter/) - "No-match" letters are sent to employers by the Social Security Administration when social security numbers submitted for workers do not match the data in the government's files. The reason may be that workers are undocumented and using fake or "borrowed" social security numbers. However, a misspelled name, an unreported change of surname due to a
- [Limited 409A Relief!  IRS Delays Plan Document Compliance Deadline One Year](https://www.ruderware.com/legal_updates/limited-409a-relief-irs-delays-plan-document-compliance-deadline-one-year/) - Late yesterday the IRS issued Notice 2007-78 in response to employer requests for an extension of the deadline to bring nonqualified deferred compensation plans into compliance with the final regulations under Code Section 409A (issued April 10, 2007). The final regulations are effective January 1, 2008, and plan documents until yesterday must have been made
- [EEOC Challenges Terms of Severance Agreements](https://www.ruderware.com/legal_updates/eeoc-challenges-terms-of-severance-agreements/) - It's a little known fact: employees are terminated every day. Many employers present employees that are about to be terminated with a severance agreement. The severance agreement will usually provide the employee with compensation beyond what the employee would normally be entitled to in return for a release of all claims. By the release of
- [Are You Prepared for E-mail Discovery?](https://www.ruderware.com/legal_updates/are-you-prepared-for-e-mail-discovery/) - During the discovery period of litigation, one side digs for information from its opponent by asking written questions, submitting requests for documents, and conducting face-to-face interviews (i.e., depositions). Attorneys are bound by ethics and the law to turn over the requested information, even if it is incriminating or harmful to their case. In modern litigation,
- [Permanent and Total Disability Award -  The Importance of Light Duty Work](https://www.ruderware.com/legal_updates/permanent-and-total-disability-award-the-importance-of-light-duty-work/) - A recent decision reached by the Wisconsin Court of Appeals has highlighted the serious risk of permanent and total disability of worker's compensation awards to older workers and the importance of light duty work. Thomas J. Gutoski, a high school graduate, spent his entire employment life working for one employer, Kohler Company. Over the years
- [USCIS Issues new I-9 Form](https://www.ruderware.com/legal_updates/uscis-issues-new-i-9-form/) - On November 7, 2007, the U.S. Citizenship and Immigration Service (USCIS) issued a revised Form I-9 and revised Handbook for Employers regarding completion of this form. Under the Immigration Reform and Control Act of 1986 (IRCA), U.S. employers are required to document on Form I-9 that all citizen and non-citizen employees hired after November 6,
- [FMLA Military Leave](https://www.ruderware.com/legal_updates/fmla-military-leave/) - We previously advised you of a proposed federal bill that would have provided 26 weeks of job protected leave to certain caregivers for family members who were injured while on active military duty. This bill was attached to a larger bill that would have reauthorized an expanded children's health insurance program. President Bush vetoed the
- [OSHA Implements New Rules Regarding  Payment of Personal Protective Equipment for Employees](https://www.ruderware.com/legal_updates/osha-implements-new-rules-regarding-payment-of-personal-protective-equipment-for-employees/) - Production and maintenance employees often need to wear protective equipment, including personal protective equipment, to be protected from injury, illness, and death caused by exposure to workplace hazards. Personal protective equipment includes many different types of protective equipment that an employee uses or wears, such as fall arrest systems, safety-toe shoes, and protective gloves. In
- [The Case of the Stray Dog](https://www.ruderware.com/legal_updates/the-case-of-the-stray-dog/) - In a recent case, Stevenson v. Hyre Electric Co., No. 06-3501 (7th Cir. Oct. 16, 2007), the Seventh Circuit Court of Appeals (whose jurisdiction encompasses Wisconsin) ruled that an employer may have had "constructive notice" of an employee's need for leave under the federal Family and Medical Leave Act (FMLA) and should have extended an
- [Reminder: Date Set for Use of New Form I-9](https://www.ruderware.com/legal_updates/reminder-date-set-for-use-of-new-form-i-9/) - The U.S. Citizenship and Immigration Services (USCIS) announced that employers must transition to the revised Form I-9 no later than December 26, 2007. All employers are required to complete a Form I-9 for each employee hired in the United States. Employers who fail to use the revised form after December 26 will be subject to
- [Breaking News:  EEOC Issues New Retiree Health Insurance Rule](https://www.ruderware.com/legal_updates/breaking-news-eeoc-issues-new-retiree-health-insurance-rule/) - The Equal Opportunity Commission (EEOC or Commission) enforces the Age Discrimination in Employment Act (ADEA), which prohibits age discrimination in all aspects of employment. The Commission has approved a rule that allows employers to coordinate health benefits they offer to retirees with Medicare (or comparable state health benefits) without violating the ADEA. The rule was
- [FMLA Military Leave Entitlements -  President Bush Vetoes Measure](https://www.ruderware.com/legal_updates/fmla-military-leave-entitlements-president-bush-vetoes-measure/) - Yesterday, we forwarded an e-mail alert regarding expansion of the federal Family and Medical Leave Act (FMLA) to include leaves for family members who have military service members in active service. The measure would have required employers to give 26 weeks of unpaid leave to employees who are caring for wounded family members and 12
- [Granting Unanticipated Absences from Work Does Not Constitute a Reasonable Accommodation Under the ADA](https://www.ruderware.com/legal_updates/granting-unanticipated-absences-from-work-does-not-constitute-a-reasonable-accommodation-under-the-ada/) - The American with Disabilities Act (ADA) prohibits employment discrimination against qualified individuals with disabilities. Under the ADA, a qualified individual with a disability is one who, either with or without a reasonable accommodation, can perform the essential functions of the job desired or held. In Rask v. Fresenius Medical Care of North America, Decision
- [New FMLA Forms Issued by the Department of Labor](https://www.ruderware.com/legal_updates/new-fmla-forms-issued-by-the-department-of-labor/) - The Department of Labor (DOL) recently issued an updated Certification of Health Care Provider form (Form WH-380) and an updated Employer Response to Employee Request for Family or Medical Leave form (Form WH-381) with a current OMB Control Number (in upper right hand corner), which now expires on September 30, 2010. Both forms are optional
- [Recent Non-Compete Court Decisions](https://www.ruderware.com/legal_updates/recent-non-compete-court-decisions/) - There have been a number of recent court decisions addressing the enforceability of non-compete provisions. We are providing a summary of those decisions below. We thought you would find them of interest. I. Benchmark Medical Holdings, Inc. v. Wisconsin Prosthetics & Orthotics, Inc., Appeal No. 2007AP805 (11/21/07). In this matter, Wisconsin Prosthetics &
- [OSHA 300-A Posting Deadline](https://www.ruderware.com/legal_updates/osha-300-a-posting-deadline/) - Beginning February 1 of each year, covered employers with 10 or more employees must post the OSHA-required Form 300A, which summarizes an employer's reportable injuries and illnesses for the prior year. The Form 300-A posting period is February 1 - April 30. An employer subject to this requirement must post the OSHA Form 300-A even
- [Breaking News! President Bush Signs Law Extending  Leave to Families of Military Service Members](https://www.ruderware.com/legal_updates/breaking-news-president-bush-signs-law-extending-leave-to-families-of-military-service-members/) - It is now law! On Monday, January 28, 2008, President Bush signed the National Defense Authorization Act into law. Section 585 of this Act adds two new qualified events under the federal Family and Medical Leave Act (FMLA) that extend the FMLA leaves to include employees caring for injured service members and family members who
- [Proposed FMLA Regulations Clarify Covered Conditions, Certification](https://www.ruderware.com/legal_updates/proposed-fmla-regulations-clarify-covered-conditions-certification/) - The U.S. Department of Labor finally published the long-awaited proposed revisions to the federal FMLA regulations in the Federal Register on February 11, 2008. The proposed regulations are not yet law. The regulations are intended to improve communication between employees, employers, and healthcare providers. Among other things, the proposed revisions address: Medical
- [Senate Bill 165/Assembly Bill 310 - Cause of Action in Court and Punitive Damages for Wisconsin Fair Employment Act Cases](https://www.ruderware.com/legal_updates/senate-bill-165-assembly-bill-310-cause-of-action-in-court-and-punitive-damages-for-wisconsin-fair-employment-act-cases/) - We wish to alert you to the following pending Wisconsin legislation. I. BACKGROUND. A federal law, Title VII of the U.S. Code (Title VII), permits discrimination claims to be brought in federal court. Under Title VII, punitive damages can be awarded against an employer in some circumstances. Small Wisconsin employers (under 15 employees) are not
- [SB 404 and AB712 - Penalties for Wisconsin  Businesses Employing Illegal Aliens](https://www.ruderware.com/legal_updates/sb-404-and-ab712-penalties-for-wisconsin-businesses-employing-illegal-aliens/) - Senate Bill 404 and Assembly Bill 712 were recently introduced in the Wisconsin Legislature. They are not yet law but proposed laws. They target Wisconsin employers employing illegal aliens. The proposed legislation addresses "no match" letter issues (i.e., notification that an employee's name does not match with the social security number given). The proposed legislation
- [Seventh Circuit Reviews ADA Association  Discrimination and ERISA Retaliation](https://www.ruderware.com/legal_updates/seventh-circuit-reviews-ada-association-discrimination-and-erisa-retaliation/) - The United States Seventh Circuit Court of Appeals, which includes Wisconsin, recently addressed a case in which an employee whose spouse had high medical costs claimed, among other things, that she was terminated because of these costs. Dewitt v. Proctor 2008 U.S. App. LEXIS 4157 (7th Cir. 2008). The employer claimed that the employee was
- [President Bush Signs Act Broadening  ADA Protections for Employees and Job Applicants](https://www.ruderware.com/legal_updates/president-bush-signs-act-broadening-ada-protections-for-employees-and-job-applicants/) - Congress previously gave approval to a major civil rights bill expanding protections for people with disabilities under the Americans with Disabilities Act (ADA). The bill proposed sweeping amendments to the ADA in a number of aspects to overturn several recent U.S. Supreme Court decisions. President Bush signed the proposed ADA amendments into law on September
- [Reminder - New W-4 and I-9 Forms for 2009](https://www.ruderware.com/legal_updates/reminder-new-w-4-and-i-9-forms-for-2009/) - As a reminder, the federal government has updated the required W-4 form for 2009. All employers are required to have the most recent version of the W-4 available for employees. In addition, the Department of Homeland Security recently update the mandatory I-9 form. The updated form must completed for all new employees. Certain businesses are
- [2009 Qualified Plan Cost of Living Increases,  2009 Social Security Taxable Wage Base](https://www.ruderware.com/legal_updates/2009-qualified-plan-cost-of-living-increases-2009-social-security-taxable-wage-base/) - The Internal Revenue Service has announced the cost-of-living adjustments for the various qualified retirement plan limits. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2008 - $15,500 2009 - $16,500 $200,000 compensation limit 2008 - $230,000 2009 - $245,000 $160,000 defined benefit limit 2008 - $185,000 2009 - $195,000 $40,000 defined contribution
- [The Employee Free Choice Act (EFCA) -  Will You Be Prepared?](https://www.ruderware.com/legal_updates/the-employee-free-choice-act-efca-will-you-be-prepared/) - Now that we know Barack Obama will be our next president, there is a very good chance that some version of the Employee Free Choice Act of 2007 will become law early next year. This legislation will radically change the way unions organize workers in the United States. Even more important is that the legislation
- [Breaking News!  Department of Labor Finalizes Revisions to Regulations Implementing Federal Family and Medical Leave Act](https://www.ruderware.com/legal_updates/breaking-news-department-of-labor-finalizes-revisions-to-regulations-implementing-federal-family-and-medical-leave-act/) - The Department of Labor has been in the process of revising the regulations implementing the federal Family and Medical Leave Act of 1993. The Department of Labor will be formally issuing the final revised regulations on Monday, November 17, 2008, by publishing them in the Federal Register. We have obtained a copy of the revised
- [If You Would Like to Know Whether Your Bank Deposits  are Protected by FDIC Insurance, Read This E-Alert](https://www.ruderware.com/legal_updates/if-you-would-like-to-know-whether-your-bank-deposits-are-protected-by-fdic-insurance-read-this-e-alert/) - In light of the financial troubles in the U.S. market, many individuals are concerned about the security of assets they have deposited at financial institutions. The FDIC - short for the Federal Deposit Insurance Corporation - is an independent agency of the United States government that protects you against the loss of deposits if an
- [Potential Labor/Employment Law Changes  in the New Political Environment](https://www.ruderware.com/legal_updates/potential-labor-employment-law-changes-in-the-new-political-environment/) - At both the state and federal level, the recent election resulted in both the executive and legislative branches being controlled by the Democrats. As a result, many are predicting a major change in the nations labor and employment laws. As a result, several pieces of legislation that were unable to gain traction in the past
- [It's Midnight on New Years Eve, Do You Know  Where Your Deferred Compensation Agreements Are?](https://www.ruderware.com/legal_updates/its-midnight-on-new-years-eve-do-you-know-where-your-deferred-compensation-agreements-are/) - Really, we mean it this time! The deadline for amending deferred compensation agreements to comply with Section 409A of the Internal Revenue Code is December 31, 2008, and there is no indication that the IRS will grant another extension. So, add reviewing deferred compensation, employment, and severance agreements to your list of things to do
- [IRS Gives Welcome Relief to 403(b) Plan Sponsors!](https://www.ruderware.com/legal_updates/irs-gives-welcome-relief-to-403b-plan-sponsors/) - Yesterday afternoon the IRS issued a notice delaying the date Code Section 403(b) plans must have a written plan document. Prior to this notice, Code Section 403(b) plan sponsors had to have a written plan document in place by January 1, 2009, fully compliant with the final Code Section 403(b) regulations issued in July 2007.
- [The New FMLA Rules: Are You Ready?](https://www.ruderware.com/legal_updates/the-new-fmla-rules-are-you-ready/) - The United States Department of Labor (DOL) has released the final revised, and long awaited, regulations implementing the federal Family and Medical Leave Act (FMLA). The revised regulations are over 750 pages in length and adopt most of the positions the DOL outlined in the proposed revisions to the regulations issued in February 2008. A
- [New Case Illustrates Importance Of Proper Trust Drafting](https://www.ruderware.com/legal_updates/new-case-illustrates-importance-of-proper-trust-drafting/) - The Wisconsin Court of Appeals recently determined that the assets within an irrevocable trust (a type of trust that cannot be revoked or amended by the person who creates it) were available to the trust-maker and had to be used for nursing home and related long-term care expenses. The case underscores the importance of having
- [Suspension of Required Minimum Distributions  for IRA Owners and Qualified Plan Participants](https://www.ruderware.com/legal_updates/suspension-of-required-minimum-distributions-for-ira-owners-and-qualified-plan-participants/) - In an effort to minimize tax and financial burdens associated with IRAs and certain retirement plans (1) in current market conditions, Congress recently passed, and on December 23, the President signed into law, the Worker, Retiree, and Employer Recovery Act of 2008 (the Act). Two components of the Act, which are summarized below, provide IRA
- [Wisconsin Implements New Medical Assistance Rules](https://www.ruderware.com/legal_updates/wisconsin-implements-new-medical-assistance-rules/) - Medicaid is a joint federal and state program, known as Medical Assistance in Wisconsin, which provides health care coverage to financially eligible individuals. It is the only program that pays for long-term nursing home care. Federal legislation, effective February 8, 2006, and adopted by Wisconsin, effective February 1, 2008, changed many important aspects of Medical
- [Breaking News: Senate Approves Pay Discrimination Bill!](https://www.ruderware.com/legal_updates/breaking-news-senate-approves-pay-discrimination-bill/) - The Senate approved a bill today, Thursday, January 22, that will make it easier for workers to sue their employers and former employers for pay discrimination. It will likely be the first legislation that President Barack Obama signs into law. The bill overturns a 2007 Supreme Court decision that many believe resulted in workplace injustice.
- [President Obama Signs the Lilly Ledbetter Fair Pay Act](https://www.ruderware.com/legal_updates/president-obama-signs-the-lilly-ledbetter-fair-pay-act/) - On January 29, 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act. The Act is the first bill signed into law by President Obama since taking office. Under the new law, it is now easier for workers to sue their current and former employers for pay discrimination. The Ledbetter Fair Pay Act
- [Urgent - Date for Using Revised Form I-9 Extended](https://www.ruderware.com/legal_updates/urgent-date-for-using-revised-form-i-9-extended/) - Employers must complete a Form I-9 (i.e., immigration) for all newly hired employees. We previously provided you with information in regard to the new I-9 form and the date it would be effective, today, February 2, 2009. The U.S. Citizenship and Immigration Services (USCIS) has announced that it has delayed, by 60 days, until April
- [Senate Bill 20 - Increase of Fair Employment  Act Compensatory and Punitive Damages](https://www.ruderware.com/legal_updates/senate-bill-20-increase-of-fair-employment-act-compensatory-and-punitive-damages/) - We wish to alert you to a pending Wisconsin Senate Bill which could have a devastating impact on employers if it becomes law. The Wisconsin Fair Employment Act (WFEA) protects employees and job applicants from discrimination on certain protected grounds, such as age, sex, race, disability, marital status, arrest or conviction record, etc. Under the
- [2009 Senate Bill 46](https://www.ruderware.com/legal_updates/2009-senate-bill-46/) - 2009 Senate Bill 46 was submitted in the Wisconsin State Senate on February 5, 2009. If adopted, the Bill will affect grievance arbitration and complying with fair-share agreements in collective bargaining agreements during contract hiatus. Under the current Municipal Employment Relations Act (MERA), an employer must maintain the status quo during contract negotiations (i.e., commonly
- [Employee's Termination for Failing to Report  for Work Not a Violation of Federal FMLA](https://www.ruderware.com/legal_updates/employees-termination-for-failing-to-report-for-work-not-a-violation-of-federal-fmla/) - In a recent case, Phillips v. Mathews, 547 F.3d 905 (8th Cir. 2008), the Eighth Circuit Court of Appeals ruled that an employer did not violate the federal Family and Medical Leave Act (FMLA) when it terminated an employee after she failed to show up for work, even though the employer had sufficient notice that
- [Judge Halts Milwaukee's Paid Sick-Day Ordinance](https://www.ruderware.com/legal_updates/judge-halts-milwaukees-paid-sick-day-ordinance/) - On February 6, just four days before Milwaukee's sick-pay ordinance was scheduled to go into effect, a Milwaukee County circuit court judge granted a temporary injunction sought by the Metropolitan Milwaukee Association of Commerce. This means the ordinance is stayed pending a hearing on a permanent injunction now scheduled for May 11, 2009. Under the
- [COBRA Provisions in the American Recovery and  Reinvestment Act of 2009 (ARRA)](https://www.ruderware.com/legal_updates/cobra-provisions-in-the-american-recovery-and-reinvestment-act-of-2009-arra/) - Attorney Mary Ellen Schill spoke in Eau Claire on February 26 on the new COBRA rules found in the American Recovery and Reinvestment Act of 2009 (the stimulus law signed by President Obama on February 17, 2009). Since these new rules affect ALL employers sponsoring group health plans (regardless of size, and both public and
- [COBRA Provisions Q&A and IRS Form 941](https://www.ruderware.com/legal_updates/cobra-provisions-qa-and-irs-form-941/) - Yesterday, we issued a client e-alert regarding the COBRA provisions in the American Recovery and Reinvestment Act of 2009 ("ARRA"). The IRS was busy yesterday as well, issuing Q&As about those COBRA provisions, as well as a revised IRS Form 941. The updated Form 941 is the means by which employers are able to claim
- [New Top-Level Domain Names to be Allowed](https://www.ruderware.com/legal_updates/new-top-level-domain-names-to-be-allowed/) - The Internet Corporation for Assigned Names and Numbers ("ICANN"), the governing body responsible for issuing rules and regulations for Internet domain names, plans to sell an unlimited number of new top-level domain names beginning in late 2009. Top-level domain names are those letters to the right of the last "dot" in a website address, such
- [Increase in WRS Rates Expected](https://www.ruderware.com/legal_updates/increase-in-wrs-rates-expected/) - At the end of 2008, it is estimated that the Wisconsin Retirement System (WRS) lost $18.6 billion as a result of the turndown in the economy. This estimate reflects a -26.2% return in 2008. In light of these losses, the Secretary of the Wisconsin Department of Employee Trust Funds board, Mr. David Stella, reported that
- [Mergers and Acquisitions Affected by Amended  Thresholds and Increased Penalties Under  Hart-Scott-Rodino Act as of February 12, 2009](https://www.ruderware.com/legal_updates/mergers-and-acquisitions-affected-by-amended-thresholds-and-increased-penalties-under-hart-scott-rodino-act-as-of-february-12-2009/) - A recent rulemaking announced by the Federal Trade Commission has amended the various filing thresholds for parties engaged in merger and acquisition activity subject to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR"), effective as of February 12, 2009. Also, monetary penalties for failure to comply with HSR have increased to $16,000 per day. Background:
- [Employee Benefits Security Administration  Issues Model COBRA Notices](https://www.ruderware.com/legal_updates/employee-benefits-security-administration-issues-model-cobra-notices/) - Today, the Employee Benefits Security Administration (EBSA) issued the model COBRA notices which were required by the American Recovery and Reinvestment Act of 2009 (ARRA). We issued a legal update on February 25th that summarized the impact of ARRA on an employer's COBRA obligations (both state and federal). For your reference, follow this link to
- [Reminder: New FMLA Regulations In Effect!](https://www.ruderware.com/legal_updates/reminder-new-fmla-regulations-in-effect/) - The Department of Labor's (DOL) revisions to the federal Family and Medical Leave Act (FMLA) regulations became effective January 16, 2009. The revisions are extensive. Significant changes were made that impact an employer's responsibilities under the law. In addition to adopting regulations that implement the new military call-to-duty and military caregiver FMLA leaves, the important
- [IRS Hints at What an "Involuntary Termination"  Means for Purposes of ARRA](https://www.ruderware.com/legal_updates/irs-hints-at-what-an-involuntary-termination-means-for-purposes-of-arra/) - At a March 24 webinar conducted by the IRS and the Department of Labor on the new COBRA provisions in the American Recovery and Reinvestment Act of 2009 ("ARRA"), IRS representatives gave insight into the IRS position on what is an "involuntary termination" for purposes of the COBRA subsidy. Group health plan sponsors should be
- [Breaking News! Joint Finance Votes to Eliminate QEO](https://www.ruderware.com/legal_updates/breaking-news-joint-finance-votes-to-eliminate-qeo/) - On Thursday, April, 16th, 2009, the Joint Finance Committee of legislature voted to eliminate the QEO Legislation as part of its review of the state budget. While specifics are still being worked out, it is clear that the initiative to eliminate the Qualified Economic Offer (QEO) is alive and well. The companion legislation that eliminates
- [Now is One of the Best Times to Maximize Your Estate Plan](https://www.ruderware.com/legal_updates/now-is-one-of-the-best-times-to-maximize-your-estate-plan/) - If your assets, including life insurance proceeds and retirement assets, are close to or worth more than $3,500,000, you have very attractive estate planning opportunities because of the rare convergence of the following three events: Depressed asset values; Historically low interest rates; and The potential for a limited time frame to continue receiving valuation discounts
- [EEOC Says Employers Cannot Require Participation  In Health Risk Assessment](https://www.ruderware.com/legal_updates/eeoc-says-employers-cannot-require-participation-in-health-risk-assessment/) - In a recent informal opinion letter, the Equal Employment Opportunity Commission ("EEOC") held that an employer violated the Americans with Disabilities Act ("ADA") when it required employees to undertake a health risk assessment ("HRA") as a condition of participating in the employer s group health plan. Facts: The employer had implemented an HRA which included
- [2010 Health Savings Account Cost of Living Increases](https://www.ruderware.com/legal_updates/2010-health-savings-account-cost-of-living-increases/) - The Internal Revenue Service has announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions - Self-only HDHP 2009 - $3,000 2010 - $3,050 Limit on HSA Contributions - Family HDHP 2009 - $5,950 2010 - $6,150
- [New Law Allows Employees to Seek Compensatory and Punitive Damages in Wisconsin Discrimination Cases](https://www.ruderware.com/legal_updates/new-law-allows-employees-to-seek-compensatory-and-punitive-damages-in-wisconsin-discrimination-cases/) - On Monday, June 8, 2009, Governor Doyle signed 2009 Wisconsin Act 20 ("the Act"), which amends the Wisconsin Fair Employment Act ("WFEA") by permitting employees in employment discrimination, unfair genetic testing, and unfair honesty testing cases to seek and be awarded compensatory and punitive damages. Before this law, employees in Wisconsin were only entitled to
- [New Wisconsin Law Prohibits Discrimination Against Employees For Failure to Attend Religious or Political Meetings](https://www.ruderware.com/legal_updates/new-wisconsin-law-prohibits-discrimination-against-employees-for-failure-to-attend-religious-or-political-meetings/) - As of May 26, 2010, Wisconsin law prohibits employers from discriminating against employees who do not wish to attend religious or political meetings, or take part in any communication regarding religious or political matters. If an employee refuses to attend a religious or political meeting or participate in communications on such matters at the request
- [Status of Legislative Discussions Regarding  Elimination of Qualified Economic Offer Language](https://www.ruderware.com/legal_updates/status-of-legislative-discussions-regarding-elimination-of-qualified-economic-offer-language/) - We are providing an update regarding the discussions over potential changes to state law impacting collective bargaining for school districts. As you know, the State Senate and State Assembly are meeting this week to consider compromises to the state Budget Bills adopted by each entity to see if they can reach an amicable compromise
- [At It Again - FMLA Revised](https://www.ruderware.com/legal_updates/at-it-again-fmla-revised/) - Most employers in Wisconsin recently revised their Family and Medical Leave Act (FMLA) policy and forms to comply with the revised federal regulations that became effective on January 16, 2009. This was the first revision to the federal regulations since they were issued by the Department of Labor back in 1996. Therefore, employers felt they
- [Certain Wisconsin Transportation Subsidiaries  No Longer Qualify for Sales and Use Tax Exemption](https://www.ruderware.com/legal_updates/certain-wisconsin-transportation-subsidiaries-no-longer-qualify-for-sales-and-use-tax-exemption/) - On June 29, 2009, Governor Doyle signed Wisconsin's Biennial Budget Bill for 2009-2011 (the "Budget Bill"). The Budget Bill had several provisions impacting businesses, including one related to the sales and use tax exemption for transportation companies. Prior to the enactment of the Budget Bill, transportation companies were exempt from Wisconsin sales and use tax
- [Red Flags Rule](https://www.ruderware.com/legal_updates/red-flags-rule/) - On August 1, 2009, a new FTC rule (known as the "Red Flags Rule") will go into effect which will require many businesses and organizations to implement safeguards to protect their consumers against identity theft. Under the Red Flags Rule, businesses and organizations are required to spot and act on certain activities or "red flags"
- [Enforcement of Red Flags Rule by FTC Postponed](https://www.ruderware.com/legal_updates/enforcement-of-red-flags-rule-by-ftc-postponed/) - On July 29, 2009, the Federal Trade Commission announced that it was postponing until November 1, 2009 its enforcement of the "Red Flags Rule" (the "Rule"), which may be found at 16 C.F.R. 681. Originally, enforcement of the Rule was scheduled to begin on August 1, 2009. Under the Rule, certain businesses and organizations are
- [2010 Qualified Plan Cost of Living Increases,  2010 Social Security Taxable Wage Base](https://www.ruderware.com/legal_updates/2010-qualified-plan-cost-of-living-increases-2010-social-security-taxable-wage-base/) - 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 2009, because the relevant cost-of-living index for 2009 is less than the cost-of-living index for 2008, the basis for the cost of living increases. Qualified Plan Limit Cost-of-Living
- [President Obama Expands Military Leave Provisions Under FMLA - H.R. 2647](https://www.ruderware.com/legal_updates/president-obama-expands-military-leave-provisions-under-fmla-h-r-2647/) - On October 28, 2009, President Obama signed the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647) into law. H.R. 2647 expands the leave rights of employees for certain family members in the armed forces under the federal Family and Medical Leave Act (FMLA). Military Exigency Leave Expansion Currently, the federal FMLA provides an
- [Enforcement of Red Flags Rule by  FTC Postponed until June 1, 2010](https://www.ruderware.com/legal_updates/enforcement-of-red-flags-rule-by-ftc-postponed-until-june-1-2010/) - On October 30, 2009, the Federal Trade Commission ("FTC") announced that it was postponing until June 1, 2010, its enforcement of the "Red Flags Rule" (the "Rule"), which may be found at 16 C.F.R. 681. Previously, enforcement of the Rule was scheduled to begin on November 1, 2009. Under the Rule, certain businesses and organizations
- [So You Are Ready to Serve As Your Mom's Power of Attorney?](https://www.ruderware.com/legal_updates/so-you-are-ready-to-serve-as-your-moms-power-of-attorney/) - Mom (or Dad) has become more than a little forgetful. Dad (or Mom) is deceased (or is mentally incompetent). Mom has some medical conditions, but she still lives in the home in which you grew up. She is on Social Security. She has some savings, some stocks, some insurance, and the family cottage up north.
- [2010 Standard Mileage Rates](https://www.ruderware.com/legal_updates/2010-standard-mileage-rates/) - 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 2010. Effective January 1, 2010, the optional standard mileage rates will be 50 cents per mile for business transportation, and 16.5 cents per mile for travel relating to
- [Has the EBSA Played Scrooge with the ARRA COBRA Subsidy??](https://www.ruderware.com/legal_updates/has-the-ebsa-played-scrooge-with-the-arra-cobra-subsidy/) - Yesterday the Employee Benefits Security Administration posted a new question and answer on its ARRA COBRA subsidy website, which could bring a big lump of coal to some holiday stockings. As you may remember, the COBRA premium subsidy is available to involuntarily terminated individuals: 1) whose termination occurred during the period from September 1, 2008
- [Recent Case Good News for Trademark Owners](https://www.ruderware.com/legal_updates/recent-case-good-news-for-trademark-owners/) - The recently decided case of In re Bose Corporation provided much needed clarity and relief to trademark owners regarding fraud in the filing, prosecuting and maintaining of federal trademark registrations. In this case, decided in August 2009, the United States Court of Appeals for the Federal Circuit reversed a decision by the U.S. Trademark Trial
- [FLASH: Congress Acts On Estate Tax Changes  (but don't get too excited yet)](https://www.ruderware.com/legal_updates/flash-congress-acts-on-estate-tax-changes-but-dont-get-too-excited-yet/) - Last week, by a vote of 225 to 200, a permanent extension of the 2009 federal estate tax law was passed - by the House of Representatives. We want to caution our clients that what was passed is NOT the end of the story - but only the beginning of the end of the story.
- [Wisconsin Exemptions From Execution Increased - Lien Avoidance Effect](https://www.ruderware.com/legal_updates/wisconsin-exemptions-from-execution-increased-lien-avoidance-effect/) - Governor James Doyle recently signed Senate Bill 259, which created 2009 Wisconsin Act 80 (the Act) and greatly increased exemption levels for property that individuals can retain from execution or seizure by judgment creditors or a bankruptcy trustee. The bill passed with little visible opposition from bank or other financial institution lobbying groups. The exemption
- [Marketing Beware: Recent Case Highlights Risks of Express Warranties in Advertisements and Promotional Material](https://www.ruderware.com/legal_updates/marketing-beware-recent-case-highlights-risks-of-express-warranties-in-advertisements-and-promotional-material/) - Businesses must be wary of the risks associated with promises made in advertisements or other promotional materials, as in some cases these promises extend beyond mere puffery and create express warranties of performance. Generally speaking, advertisers are permitted to engage in "puffery" in the promotion of their products. Puffery is generally defined as promotional statements
- [COBRA Subsidy Extended!!](https://www.ruderware.com/legal_updates/cobra-subsidy-extended/) - Yesterday President Obama signed the Fiscal Year 2010 Defense Appropriations Act, and included within that law is an extension of the COBRA premium subsidy enacted last February as part of the American Recovery and Reinvestment Act of 2009 ("ARRA"). Our earlier updates on the ARRA COBRA premium subsidy can be found in "COBRA Provisions in
- [Questions and Answers Concerning Status of Federal Estate Tax](https://www.ruderware.com/legal_updates/questions-and-answers-concerning-status-of-federal-estate-tax/) - In 2001, Congress made changes to the federal estate, gift, and generation-skipping transfer tax laws. To satisfy a procedural requirement in the Senate, the 2001 law contained a "sunset" provision, meaning that it would expire at the end of ten years, at which time the provisions of the law in effect in 2001 would be
- [Employees Allowed 180-Days to File Title VII Claims](https://www.ruderware.com/legal_updates/employees-allowed-180-days-to-file-title-vii-claims/) - In Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074 (U.S. May 29, 2007), the U.S. Supreme Court ruled that for purposes of calculating an employee's 180-day time limit for bringing a Title VII claim, the employer's initial unlawful decision to set the employee's pay, rather than each subsequent issuance of a paycheck based on
- [Employees Owe Duty of Loyalty to Their Employer](https://www.ruderware.com/legal_updates/employees-owe-duty-of-loyalty-to-their-employer/) - Many states in the nation have adopted laws that address an employee's duty of loyalty to his or her employer. Wisconsin courts have generally taken a restrictive view on such a duty. However, the courts have applied it to officers of a company and employees who hold positions that involve policy making. Recently, the Wisconsin
- [Social Security Administration Releases Key Figures for 2010](https://www.ruderware.com/legal_updates/social-security-administration-releases-key-figures-for-2010/) - The Social Security Administration ("SSA") recently released key figures for 2010 that will affect all elderly and disabled individuals who receive program benefits, including social security benefits, supplemental security income benefits, and Medicare benefits. This notice summarizes the changes and their impact on various benefits. Social Security Retirement As many seniors already know, there will
- [Social Security Administration Releases Key Figures for 2011](https://www.ruderware.com/legal_updates/social-security-administration-releases-key-figures-for-2011/) - Social Security Administration Releases Key Figures for 2011 The Social Security Administration ("SSA") recently released key figures for 2011 that will affect all elderly and disabled individuals who receive program benefits, including social security benefits, supplemental security benefits, and Medicare benefits. This notice summarizes these changes and their impact on various benefits. Social Security Retirement
- [Is it Too Late to Put GINA Back in the Bottle??](https://www.ruderware.com/legal_updates/is-it-too-late-to-put-gina-back-in-the-bottle/) - The Genetic Information Nondiscrimination Act of 2008, affectionately known as "GINA," is a big deal for employers and sponsors of group health plans. For those of you who have been busy with your day job, here are the answers to all of the questions you would have asked if you had the time... What is
- [Employee Benefits Security Administration Issues Updated Model COBRA Notices](https://www.ruderware.com/legal_updates/employee-benefits-security-administration-issues-updated-model-cobra-notices/) - The Employee Benefits Security Administration (EBSA) has issued updated model COBRA notices to reflect the COBRA subsidy extension which was part of the Fiscal Year 2010 Department of Defense Appropriations Act. We issued a legal update on December 22, 2009 which summarized the extension and its effect on an employer's obligations under the American Recovery
- [Estate Planning in 2010:  Thoughts On What To Do In Uncertain Times](https://www.ruderware.com/legal_updates/estate-planning-in-2010-thoughts-on-what-to-do-in-uncertain-times/) - We want to alert you to some important changes in the federal estate, gift and generation-skipping transfer (GST) tax laws that went into effect on January 1. In 2001, Congress passed a law that gradually increased the amount that persons could transfer at death free of estate and GST taxes. The amount grew to $3.5
- [Expanded Prohibited Practices on the Farm](https://www.ruderware.com/legal_updates/expanded-prohibited-practices-on-the-farm/) - Rules were made to be . . . ? In the complex world of farm regulation, rules were made to be acted upon and then re-created, modified, and expanded. A significant revision of existing rules that affect farming, particularly dairy producers, is underway. As part of that process, the Wisconsin Department of Natural Resources has
- [The Window of Opportunity for Some Types of Planning May Be Closing (Quickly)](https://www.ruderware.com/legal_updates/the-window-of-opportunity-for-some-types-of-planning-may-be-closing-quickly/) - We previously announced that there is currently no federal estate or generation-skipping transfer tax in effect in the United States. The federal gift tax, however, is still in effect. The burning question is whether Congress this year will (i) extend the law that was in effect at the end of 2009, (ii) make repeal of
- [COBRA Subsidy Extended!!  Again!!](https://www.ruderware.com/legal_updates/cobra-subsidy-extended-again/) - Late on March 2 President Obama signed the Temporary Extension Act of 2010, and included within that law is yet another extension of the COBRA premium subsidy enacted last February as part of the American Recovery and Reinvestment Act of 2009 ("ARRA"). Our earlier updates on the ARRA COBRA premium subsidy can be found in
- [New Tax Incentives for Employers Who Hire in 2010](https://www.ruderware.com/legal_updates/new-tax-incentives-for-employers-who-hire-in-2010/) - On March 18, 2010, President Obama signed into law the Hiring Incentives to Restore Employment ("HIRE") Act. The HIRE Act amends the Social Security tax provisions of the Internal Revenue Code by exempting wages paid to previously "unemployed" individuals from the employer's Social Security tax obligation. Under the HIRE Act, wages paid by employers to
- [IRS Issues Forms and FAQs on HIRE Act](https://www.ruderware.com/legal_updates/irs-issues-forms-and-faqs-on-hire-act/) - Back on March 19, we alerted our clients and friends about the new Hiring Incentives to Restore Employment ("HIRE") Act, which grants employers a payroll tax exemption for wages and salary paid to previously unemployed individuals. See our previous alert here New Tax Incentives for Employers Who Hire in 2010. On April 7, 2010, the
- [One More Extension of the COBRA Subsidy](https://www.ruderware.com/legal_updates/one-more-extension-of-the-cobra-subsidy/) - Late on April 15 President Obama signed the Continuing Extension Act of 2010, and included within that law is yet another extension of the COBRA premium subsidy enacted last February as part of the American Recovery and Reinvestment Act of 2009 ("ARRA"). Our earlier updates on the ARRA COBRA premium subsidy can be found in
- [Mothers Have Legal Right to Express Milk at Work](https://www.ruderware.com/legal_updates/mothers-have-legal-right-to-express-milk-at-work/) - On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law. This Act contains a provision that requires employers to furnish "reasonable" breaks to mothers so they can express milk for infants under one year old. The law also requires covered employers to furnish a private space that is shielded
- [Mortgage Loan Officers Do Not Qualify as Exempt Employees Under the FLSA](https://www.ruderware.com/legal_updates/mortgage-loan-officers-do-not-qualify-as-exempt-employees-under-the-flsa/) - The Fair Labor Standards Act ("FLSA") requires the payment of overtime pay to employees who work more than forty (40) hours in a work week. However, certain employees are exempt from the overtime pay requirements, including executive, professional, and administrative employees. These exemptions are commonly known as "white collar" overtime pay exemptions. Although some employee
- [Federal Agencies Issue Important Guidance on Health Care Reform's Extension of Health Coverage to Young Adults](https://www.ruderware.com/legal_updates/federal-agencies-issue-important-guidance-on-health-care-reforms-extension-of-health-coverage-to-young-adults/) - Need a reason to start dealing today with the impact of health care reform on your group health plan rather than tomorrow? Are you so overwhelmed that you are looking for some discrete part of the new law to conquer so that you can tell the world that you are doing something to bring your
- [Revised Federal Trade Commission Guidelines On Endorsements and Testimonials Change Deceptive Advertising Risks and Will Affect Marketing Efforts](https://www.ruderware.com/legal_updates/revised-federal-trade-commission-guidelines-on-endorsements-and-testimonials-change-deceptive-advertising-risks-and-will-affect-marketing-efforts/) - For years, the Federal Trade Commission (the FTC) has regulated deceptive advertising under Section 5 of the Federal Trade Commission Act (the Act). This has included the issuance of non-binding, but very important, guidelines outlining the FTC's views on the proper use of advertisements containing endorsements and testimonials. On December 1, 2009, these revised
- [Plan/Prevent/Protect - The New Strategy to Enforce Compliance with Federal Employment Laws](https://www.ruderware.com/legal_updates/plan-prevent-protect-the-new-strategy-to-enforce-compliance-with-federal-employment-laws/) - On April 26, 2010, the Department of Labor ("DOL") announced a new program to enforce compliance with federal employment laws. The program is one of President Obama's initiatives. The program, entitled "Plan/Prevent/Protect," will allow the DOL to leverage its limited resources by shifting the burden of proving compliance to the employer. While this program has
- [2011 Health Savings Account Cost of Living Adjustments](https://www.ruderware.com/legal_updates/2011-health-savings-account-cost-of-living-adjustments/) - The Internal Revenue Service has announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums. As set forth below, for 2011, no adjustments have been made to the 2010 amounts. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions - Self-only HDHP 2010 - $3,050 2011
- [Follow Up:  Wisconsin Goes Smoke-Free - Are You Ready?](https://www.ruderware.com/legal_updates/follow-up-wisconsin-goes-smoke-free-are-you-ready/) - We have had many inquiries with regard to the alert we issued late last week referencing Wisconsin s new smoke-free law titled Wisconsin Goes Smoke Free - Are You Ready?. In light of those inquiries, we are providing a copy of the newly revised statute that was created by 2009 Wisconsin Act 12. The statute
- [U.S. Supreme Court Rules That a Two Member National Labor Relations Board Lacked Authority to Issue Decisions](https://www.ruderware.com/legal_updates/u-s-supreme-court-rules-that-a-two-member-national-labor-relations-board-lacked-authority-to-issue-decisions/) - On Thursday, June 17, 2010 the U.S. Supreme Court ruled that the National Labor Relations Board (NLRB) did not have authority to issue any decisions during the period January 1, 2008 through March 27, 2010. During that 27- month period, the NLRB operated with only two members. Normally, the NLRB is a five-member board. In
- [DOL Opinion Expands FMLA Leave Rights](https://www.ruderware.com/legal_updates/dol-opinion-expands-fmla-leave-rights/) - The Federal Family Medical Leave Act entitles an employee up to 12 weeks of leave for the birth or adoption of a son or daughter, or to care for a son or daughter with a serious health condition. The definition of a "son or daughter" includes not only a biological or adopted child, but also
- [Estate Tax Update](https://www.ruderware.com/legal_updates/estate-tax-update/) - A number of bills have been introduced in the U.S. Congress to deal with the estate tax situation that we described in a previous legal update. See "Questions and Answers Concerning Status of Federal Estate Tax", December 2009. Last week Senator Bernard Sanders introduced yet one more piece of estate tax reform legislation. In what
- [Wisconsin Goes Smoke Free - Are You Ready?](https://www.ruderware.com/legal_updates/wisconsin-goes-smoke-free-are-you-ready/) - Wisconsin recently adopted a law that will impact many employers in the state, both private and public. The new law, 2009 Wisconsin Act 12, prohibits smoking in most private and public places. The law takes effect on July 5, 2010. Until then, Wisconsin's current Clean Indoor Air Act will remain in effect, as well as
- [Wisconsin Courts Set Forth Clarifying Law Regarding Enforceability of Employee Non-Compete Agreements](https://www.ruderware.com/legal_updates/wisconsin-courts-set-forth-clarifying-law-regarding-enforceability-of-employee-non-compete-agreements/) - 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
- [New Power of Attorney Law in Wisconsin](https://www.ruderware.com/legal_updates/new-power-of-attorney-law-in-wisconsin/) - 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.
- [Go Figure: The Rule of Reason Prevails](https://www.ruderware.com/legal_updates/go-figure-the-rule-of-reason-prevails/) - 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
- [Schill v. Wisconsin Rapids School District:  Update](https://www.ruderware.com/legal_updates/schill-v-wisconsin-rapids-school-district-update/) - 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
- [New Requirements for Federal Contractors and Subcontractors](https://www.ruderware.com/legal_updates/new-requirements-for-federal-contractors-and-subcontractors/) - 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
- [Employee or Independent Contractor:  Are You Sure?  You Need to Be](https://www.ruderware.com/legal_updates/employee-or-independent-contractor-are-you-sure-you-need-to-be/) - 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'
- [IRS Relieves Employers of W-2 Health Care Reform Reporting for 2011](https://www.ruderware.com/legal_updates/irs-relieves-employers-of-w-2-health-care-reform-reporting-for-2011/) - 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
- [Employers May Be Held Liable For Secret Recording of Employee Conversations](https://www.ruderware.com/legal_updates/employers-may-be-held-liable-for-secret-recording-of-employee-conversations/) - 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
- [2011 Qualified Plan Cost of Living Increases, 2011 Social Security Taxable Wage Base](https://www.ruderware.com/legal_updates/2011-qualified-plan-cost-of-living-increases-2011-social-security-taxable-wage-base/) - 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)
- [Discipline for Facebook Comments May Violate Employee's Rights](https://www.ruderware.com/legal_updates/discipline-for-facebook-comments-may-violate-employees-rights/) - 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
- [Automatic Employee Termination Following Leave of Absence May Violate Law](https://www.ruderware.com/legal_updates/automatic-employee-termination-following-leave-of-absence-may-violate-law/) - The American with Disabilities Act ("ADA") requires employers to make reasonable accommodations for qualified employees with disabilities. Although the ADA does not mandate that an employer grant a leave of absence to an employee with a disability, such a leave in certain cases may be necessary to comply with the ADA's reasonable accommodation requirement. Thus,
- [A December Gift Idea:  A (Very) Low Interest Rate GRAT](https://www.ruderware.com/legal_updates/a-december-gift-idea-a-very-low-interest-rate-grat/) - December 2010 may be one of the best times to use a grantor retained annuity trust (or "GRAT") to transfer assets to children and grandchildren free of gift taxes. The reason is that based on current tax rules, it is assumed that assets transferred to a GRAT in December 2010 will yield an annual return
- [Employers May Not Terminate At-Will Employees To Avoid Paying Accrued Benefits](https://www.ruderware.com/legal_updates/employers-may-not-terminate-at-will-employees-to-avoid-paying-accrued-benefits/) - It is a well settled law in Wisconsin that an at-will employee may be terminated for any reason unless the termination violates public policy as expressed in the Constitution, a statute, administrative rule, or other enactment. Recently, the Wisconsin Supreme Court addressed a situation in which an at-will employee claimed that she was illegally terminated
- [2011 Standard Mileage Rates](https://www.ruderware.com/legal_updates/2011-standard-mileage-rates/) - 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 2011. Effective January 1, 2011, the optional standard mileage rates will be 51 cents per mile for business transportation, and 19 cents per mile for travel relating to
- [The 2010 Tax Relief Act:  What It Means For You](https://www.ruderware.com/legal_updates/the-2010-tax-relief-act-what-it-means-for-you/) - On December 17, 2010, President Barack Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 ("2010 Tax Act"). The new law centers around a temporary, two-year reprieve from the expiration of the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA") and the Jobs and Growth Tax
- [2010 Tax Relief Act:  What It Means For Employers](https://www.ruderware.com/legal_updates/2010-tax-relief-act-what-it-means-for-employers/) - The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 ("2010 Tax Relief Act") provides a major change in the withholding of Social Security taxes from employees' wages and provides for the extension of several other benefit related provisions that were set to expire on December 31, 2010. Attorney Melissa Kampmann recently authored
- [NLRB Adopts Final Rule Implementing its November 30, 2011 "Quickie Election" Resolution](https://www.ruderware.com/legal_updates/nlrb-adopts-final-rule-implementing-its-november-30-2011-quickie-election-resolution/) - As many observers anticipated, the National Labor Relations Board ("NLRB"), prior to the expiration of Member Becker 's recess appointment on December 31, 2011, successfully promulgated and published a final rule adopting several so-called "quickie election" provisions designed to make union avoidance a more challenging proposition for private-sector employers. The final rule is available to
- [2010 Tax Relief Act Delays Individual 2010 Return Filing](https://www.ruderware.com/legal_updates/2010-tax-relief-act-delays-individual-2010-return-filing/) - Tax season for most taxpayers will begin on time, however, the Internal Revenue Service has advised many taxpayers to wait to file to allow the Service some time to reprogram its computers to reflect the 2010 Tax Relief Act's changes. The taxpayers affected by Congress's late passage of the Act are advised to wait until
- [Have You Received a Notice From The IRS?](https://www.ruderware.com/legal_updates/have-you-received-a-notice-from-the-irs/) - Did you receive a notice from the IRS this year? Every year the IRS sends millions of letters and notices to taxpayers. There are various reasons the IRS sends notices to taxpayers. For example, the notice may request payment of taxes, notify you of a proposed deficiency of taxes or a change to your account,
- [Enforcement of Red Flags Rule by FTC Begins](https://www.ruderware.com/legal_updates/enforcement-of-red-flags-rule-by-ftc-begins/) - On December 31, 2010, the Federal Trade Commission began enforcing the "Red Flags Rule" (the "Rule"), which may be found at 16 C.F.R. 681. However, on December 18, 2010, the Red Flag Program Clarification Act of 2010 was signed into law, which revised the scope of businesses to which the Rule applies. Consequently, the Rule
- [EFCA Dead?   Not So Fast!](https://www.ruderware.com/legal_updates/efca-dead-not-so-fast/) - With the passage of the Employee Free Choice Act (EFCA) almost guaranteed an impossibility as a result of recent national elections, one might conclude that labor unions didn't get much bang for their buck for supporting the election of President Barack Obama in 2008. While EFCA may be dead, the underlying goals that prompted the
- [The U.S. Supreme Court Finds Employee is Protected from Retaliation Due to His "Association" With a Co-worker Who Filed a Complaint](https://www.ruderware.com/legal_updates/the-u-s-supreme-court-finds-employee-is-protected-from-retaliation-due-to-his-association-with-a-co-worker-who-filed-a-complaint/) - 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
- [DOL Recovers One Million Plus in Overtime Back Wages and Penalties for Employer's Misclassification of Employees](https://www.ruderware.com/legal_updates/dol-recovers-one-million-plus-in-overtime-back-wages-and-penalties-for-employers-misclassification-of-employees/) - 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
- [Budget Repair Bill Proposes Significant Changes to Municipal Collective Bargaining Laws](https://www.ruderware.com/legal_updates/budget-repair-bill-proposes-significant-changes-to-municipal-collective-bargaining-laws/) - 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
- [Is it a Good Time for Our Governmental Unit to Conduct a Federal Tax Self-Assessment?](https://www.ruderware.com/legal_updates/is-it-a-good-time-for-our-governmental-unit-to-conduct-a-federal-tax-self-assessment/) - 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
- [2011 and 2012 May Be Opportune Times For Estate and Gift Tax Planning](https://www.ruderware.com/legal_updates/2011-and-2012-may-be-opportune-times-for-estate-and-gift-tax-planning/) - 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
- [Mandatory Employee Contributions to WRS:  What's a Governmental Employer to Do?  (Hint:  You May Need a Pick Up Resolution!)](https://www.ruderware.com/legal_updates/mandatory-employee-contributions-to-wrs-whats-a-governmental-employer-to-do-hint-you-may-need-a-pick-up-resolution/) - 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
- [CMS Announces Closing of Early Retiree Reinsurance Program Effective After May 5, 2011](https://www.ruderware.com/legal_updates/cms-announces-closing-of-early-retiree-reinsurance-program-effective-after-may-5-2011/) - 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
- [.co Top Level Domain Names Gain in Popularity](https://www.ruderware.com/legal_updates/co-top-level-domain-names-gain-in-popularity/) - 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
- [Random Alcohol Testing May Violate the ADA](https://www.ruderware.com/legal_updates/random-alcohol-testing-may-violate-the-ada/) - 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,
- [New Regulations Implementing ADA Amendments Issued](https://www.ruderware.com/legal_updates/new-regulations-implementing-ada-amendments-issued/) - 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
- [Wisconsin FMLA Law Expected to Federalize](https://www.ruderware.com/legal_updates/wisconsin-fmla-law-expected-to-federalize/) - Wisconsin's Family and Medical Leave Act (FMLA) became law in 1987. The federal FMLA became law in 1993. As almost all Wisconsin human resources (HR) personnel are aware, provisions of the two laws differ in many ways. As a result, complying with both laws has been difficult at best and has caused many HR professionals
- [Structuring Decisions of Leveraged Partnership Transactions After Canal](https://www.ruderware.com/legal_updates/structuring-decisions-of-leveraged-partnership-transactions-after-canal/) - On August 5, 2010, the Tax Court applied an anti-abuse rule in the Treasury Regulations to hold that a leveraged partnership transaction designed to defer the recognition of gain on a nonrecognition contribution to a partnership was in actuality a "disguised sale" and an immediate taxable sale of assets. The case provides insights into the
- [Will There Be an End to Tax Incentives for Profitable Oil and Gas Companies?](https://www.ruderware.com/legal_updates/will-there-be-an-end-to-tax-incentives-for-profitable-oil-and-gas-companies/) - On April 29, Senate Finance Committee Chair Max Baucus said he would introduce legislation to end "billions of dollars in tax breaks" for large, multinational oil and gas companies. This movement towards new legislation likely arose from recent announcements of record profits along with high energy consumer costs. The largest oil and gas companies
- [2012 Health Savings Account Cost-of-Living Adjustments](https://www.ruderware.com/legal_updates/2012-health-savings-account-cost-of-living-adjustments/) - The Internal Revenue Service has announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums. Unlike last year, there have been some adjustments in the limits for 2012. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions - Self-only HDHP 2011 - $3,050 2012 - $3,100
- [Public Safety Employee Bargaining: Possible Changes](https://www.ruderware.com/legal_updates/public-safety-employee-bargaining-possible-changes/) - New legislation has been proposed that greatly affects collective bargaining with police, fire, and deputy sheriff (public safety employees) bargaining units. Assembly Bill 127 (which has been referred to the Joint Committee on Finance) amends Section 111.70 and Section 111.77 of the Wisconsin Statutes relating to collective bargaining for public safety employees. One of the
- [What is the Price of Dignity and Privacy?](https://www.ruderware.com/legal_updates/what-is-the-price-of-dignity-and-privacy/) - You have faithfully and scrupulously carried out your Mom's wishes. You are her primary agent under her durable and healthcare powers of attorney because Mom wants you. She wants your companionship. She wants your care and attention. She moved from the homestead to live near you because you are the one she wants. She not
- [DOL Helps Employees to Track Work Hours](https://www.ruderware.com/legal_updates/dol-helps-employees-to-track-work-hours/) - Under the Obama administration, the U.S. Department of Labor (DOL) has increased its enforcement of the wage and hour provisions of the Fair Labor Standards Act. Previously in such claims, if the number of worked hours were disputed and an employee had kept hand written records of the hours that he or she allegedly worked,
- [Assembly Version of Budget Bill Changes Landscape of Municipal Bargaining Somewhat](https://www.ruderware.com/legal_updates/assembly-version-of-budget-bill-changes-landscape-of-municipal-bargaining-somewhat/) - The Assembly passed its version of the Budget Bill early this morning. That version will now be submitted to the Senate for consideration. It is anticipated that the Senate will pass the Assembly version without change, but that remains to be seen. There are several changes to the Municipal Collective Bargaining Law as amended by
- [IRS Announces Mid-Year Adjustment of Business and Medical Mileage Rates](https://www.ruderware.com/legal_updates/irs-announces-mid-year-adjustment-of-business-and-medical-mileage-rates/) - Due to the increases in the cost of gasoline since establishing the 2011 rates last year, the Internal Revenue Service is increasing mid-year the optional standard mileage rates for computing the deductible cost of operating an automobile for business, medical, and moving expenses. Effective July 1, 2011, the optional standard mileage rates will be 55.5
- [Are You Ready for Conceal and Carry?](https://www.ruderware.com/legal_updates/are-you-ready-for-conceal-and-carry/) - Today, at the Grand Lodge in Wausau, Governor Walker signed into law a bill that allows qualified individuals to carry concealed weapons, except in certain places such as courthouses and police stations. The law, which becomes effective on November 1, 2011, contains a number of provisions that will affect public and private employers in Wisconsin.
- [Department of Employee Trust Funds Clarifies Timeline for WRS Contributions](https://www.ruderware.com/legal_updates/department-of-employee-trust-funds-clarifies-timeline-for-wrs-contributions/) - 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
- [Limitation Changes for Small Claims Court](https://www.ruderware.com/legal_updates/limitation-changes-for-small-claims-court/) - 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
- [Wisconsin Supreme Court Sides With Employer in Workers' Compensation Unreasonable Refusal to Rehire Case](https://www.ruderware.com/legal_updates/wisconsin-supreme-court-sides-with-employer-in-workers-compensation-unreasonable-refusal-to-rehire-case/) - 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
- [New Labor Pains for Employers:  NLRB and DOL Each Deliver Union-Friendly Proposals](https://www.ruderware.com/legal_updates/new-labor-pains-for-employers-nlrb-and-dol-each-deliver-union-friendly-proposals/) - 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
- [Concealed Carry Law Requires Businesses to Make Policy Decisions](https://www.ruderware.com/legal_updates/concealed-carry-law-requires-businesses-to-make-policy-decisions/) - 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
- [National Labor Relations Board Issues Final Rule](https://www.ruderware.com/legal_updates/national-labor-relations-board-issues-final-rule/) - 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
- [Inherited IRAs Not Protected From Beneficiary's Creditors](https://www.ruderware.com/legal_updates/inherited-iras-not-protected-from-beneficiarys-creditors/) - 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
- [IRS Cell Phone Ruling Welcomed by Employers and Employees](https://www.ruderware.com/legal_updates/irs-cell-phone-ruling-welcomed-by-employers-and-employees/) - 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
- [Concealed Carry Issues](https://www.ruderware.com/legal_updates/concealed-carry-issues/) - 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
- [Nursing Home Resident Denied Medicaid Due to a Trust Established by Children](https://www.ruderware.com/legal_updates/nursing-home-resident-denied-medicaid-due-to-a-trust-established-by-children/) - 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
- [2012 Qualified Plan Cost of Living Increases, 2012 Social Security Taxable Wage Base](https://www.ruderware.com/legal_updates/2012-qualified-plan-cost-of-living-increases-2012-social-security-taxable-wage-base/) - The Internal Revenue Service has announced the cost-of-living adjustments for the various qualified retirement plan limits. Unlike 2011, almost all of the limits shown below are changed from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2011 - $16,500 2012 - $17,000 $200,000 compensation limit 2011 - $245,000 2012 -
- [Hold Everything: Do You Need a Litigation Hold Notice?](https://www.ruderware.com/legal_updates/hold-everything-do-you-need-a-litigation-hold-notice/) - Recently, courts have awarded monetary sanctions ranging from $25,000 to $1,000,000 against companies that failed to prevent the destruction of electronic evidence. These sanction amounts reveal that the failure to implement a litigation hold and preserve evidence when required can have serious consequences for your business. Many business owners, managers, and human resources professionals believe
- [Wisconsin Tax Code Amended to Follow Federal Tax Treatment of Coverage of Adult Children](https://www.ruderware.com/legal_updates/wisconsin-tax-code-amended-to-follow-federal-tax-treatment-of-coverage-of-adult-children/) - Human resources and benefits professionals working for Wisconsin employers will now have one less thing to worry about with respect to Health Care Reform. On Friday, November 4, Governor Scott Walker signed legislation which conforms Wisconsin s tax code to the Federal tax code for purposes of determining the tax treatment of employer-provided coverage of
- [National Labor Relations Board Postpones Implementation Date for New Notice-Posting Rule](https://www.ruderware.com/legal_updates/national-labor-relations-board-postpones-implementation-date-for-new-notice-posting-rule/) - On October 5, 2011, the National Labor Relations Board's ("Board") Office of Public Affairs announced that the Board has elected to postpone the implementation of its new "Final Rule" requiring employers to notify employees of their rights under the National Labor Relations Act. Under the new rule, which was to become on November 14, 2O11,
- [Governor Walker Signs Bill Allowing Unions and Municipalities to Agree to Salary or Benefit Reductions Without Triggering Act 10 Provisions](https://www.ruderware.com/legal_updates/governor-walker-signs-bill-allowing-unions-and-municipalities-to-agree-to-salary-or-benefit-reductions-without-triggering-act-10-provisions/) - On Thursday, November 10, 2011, Governor Walker signed Assembly Bill 319 which allows any municipal employer to enter into one memorandum of understanding with a union to reduce the cost of compensation or fringe benefits, and the change will not be considered a modification of the current collective bargaining agreement for purposes of Act 10.
- [Changes in Age Discrimination Regulations and the RFOA Defense](https://www.ruderware.com/legal_updates/changes-in-age-discrimination-regulations-and-the-rfoa-defense/) - On November 16, the EEOC approved a draft final rule to amend the Commission's existing Age Discrimination in Employment Act (ADEA) regulations to reflect two recent U.S. Supreme Court decisions regarding ADEA disparate impact claims and the "reasonable factor other than age" (RFOA) defense. The draft regulation will now go to the White House Office
- [NLRB Adopts Resolution to Implement Several Proposed "Quickie Election" Rules-But Final Passage in Doubt](https://www.ruderware.com/legal_updates/nlrb-adopts-resolution-to-implement-several-proposed-quickie-election-rules-but-final-passage-in-doubt/) - (See Original Legal Update of July 29, 2011) Not surprisingly, the National Labor Relations Board ("Board") recently advanced its July 2011 Notice of Proposed Rulemaking, adopting a resolution designed to make union avoidance a more challenging proposition for private-sector employers. At a public meeting held on November 30, 2011, the Board voted, 2-to-1, in favor
- [2012 Standard Mileage Rates](https://www.ruderware.com/legal_updates/2012-standard-mileage-rates/) - 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 2012. Effective January 1, 2012, the optional standard mileage rates will remain at 55.5 cents per mile for business transportation, and decrease to 23 cents per mile for
- [Social Security Administration Releases Key Figures for 2012](https://www.ruderware.com/legal_updates/social-security-administration-releases-key-figures-for-2012/) - The Social Security Administration ("SSA") recently released key figures for 2012 that will affect all elderly and disabled individuals who receive program benefits, including social security benefits, supplemental security income benefits, and Medicare benefits. This notice summarizes these changes and their impact on various benefits. Social Security Retirement For the first time in two years,
- [Update:  NLRB Again Postpones Implementation Date for Notice-Posting Rule: Will Now Take Effect on April 30, 2012](https://www.ruderware.com/legal_updates/update-nlrb-again-postpones-implementation-date-for-notice-posting-rule-will-now-take-effect-on-april-30-2012/) - For a second time, the National Labor Relations Board ("Board") has postponed the implementation of its new "Final Rule" requiring employers to notify employers of their rights under the National Labor Relations Act ("NLRA"). (National Labor Relations Board Postpones Implementation Date for New Notice-Posting Rule) A federal judge in Washington D.C. has requested additional time
- [President Obama Recess Appoints Three to Quorum-less NLRB](https://www.ruderware.com/legal_updates/president-obama-recess-appoints-three-to-quorum-less-nlrb/) - On January 5, 2012, President Barack Obama recess appointed Sharon Block (D), Terence Flynn (R) and Richard Griffin (D) to the National Labor Relations Board ("Board"), restoring the Board to its full, five-member complement. Block, Flynn and Griffin join existing member Hayes and Chairman Pearce, after member Becker's appointment expired at the end of 2011.
- [Beware of Trademark Renewal Solicitations and Scams](https://www.ruderware.com/legal_updates/beware-of-trademark-renewal-solicitations-and-scams/) - Trademark owners today face many challenges, and unfortunately these challenges increasingly take the form of trademark renewal services which often times do not deliver as promised. While obtaining a federal trademark registration has many important benefits to the trademark owner, one downside is that the list of trademark owners is available to the public. Many
- [NLRB Postpones Implementation of Notice-Posting Rule](https://www.ruderware.com/legal_updates/nlrb-postpones-implementation-of-notice-posting-rule/) - On Tuesday, April 17, the National Labor Relations Board (NLRB) issued a press release stating that in light of the strong interest in the uniform implementation and administration of agency rules, its regional offices will not implement the controversial notice-posting rule pending the resolution of a federal court case. (For more background information regarding the
- [2013 Health Savings Account Cost of Living Adjustments](https://www.ruderware.com/legal_updates/2013-health-savings-account-cost-of-living-adjustments/) - The Internal Revenue Service last Friday announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2013. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions - Self-only HDHP 2012 - $3,100 2013 - $3,250 Limit on HSA Contributions - Family HDHP 2012 - $6,250
- [Getting the Most Out of Corporate Compliance and Ethics Week](https://www.ruderware.com/legal_updates/getting-the-most-out-of-corporate-compliance-and-ethics-week/) - This week (May 6-12, 2012) has been designated as Corporate Compliance and Ethics Week by the Society of Corporate Compliance and Ethics and the Health Care Compliance Association. Corporate Compliance Week is a great time to reinforce the message of compliance throughout your organization. At a minimum, you should use this opportunity to publicize your
- [NLRB's "Quickie Election" Rule Struck Down by District Court](https://www.ruderware.com/legal_updates/nlrbs-quickie-election-rule-struck-down-by-district-court/) - On Monday, May 14, 2012, the United States District Court for the District of Columbia struck down the National Labor Relations Board's published rule implementing "quickie elections." As we discussed in January (blog post link), the "quickie election" provisions were designed to make union avoidance a more challenging proposition for private-sector employers. The recent decision
- [Health Care Reform Upheld by Supreme Court](https://www.ruderware.com/legal_updates/health-care-reform-upheld-by-supreme-court/) - The United States Supreme Court this morning issued its long awaited opinion on the Health Care Reform laws enacted back in 2010. In a very complicated decision, the Court upheld the constitutionality of Health Care Reform, including the "individual mandate" which required that by 2014 most individuals must purchase health coverage or face a penalty.
- [The Supreme Court's Health Care Reform Decision: What It Means To Wisconsin Providers](https://www.ruderware.com/legal_updates/the-supreme-courts-health-care-reform-decision-what-it-means-to-wisconsin-providers/) - As we reported in a prior e-Alert, last Thursday, the United States Supreme Court issued its most anticipated opinion in years and upheld most of the 2010 health care reform laws. Since then, you cannot turn on any of the major news networks without hearing debate about where we go from here and what the
- [A Summary of the Wisconsin Hospital Association Town Hall on Health Care Reform](https://www.ruderware.com/legal_updates/a-summary-of-the-wisconsin-hospital-association-town-hall-on-health-care-reform/) - The long-awaited Supreme Court ruling regarding the constitutionality of the Affordable Care Act is finally in, but serious issues and questions remain related to Medicaid expansion and insurance exchanges. On January 12, 2012, the Wisconsin Hospital Association hosted a town hall on health care reform. Health policy expert Billy Wynne, senior vice president and principal
- [Wisconsin's New "Title to Lien Holder" Law](https://www.ruderware.com/legal_updates/wisconsins-new-title-to-lien-holder-law/) - On July 30, 2012, Wisconsin officially became a "title to lien holder" and an electronic title state. These changes were included in the most recent state budget bill and were approved by the Wisconsin Legislature in 2011. See Assembly Bill 40, 3129-3130 (2011). Currently, 38 other states are "title to lien holder" states. Under this
- [Getting on Track with Health Care Reform:  Stop, Look, and Listen](https://www.ruderware.com/legal_updates/getting-on-track-with-health-care-reform-stop-look-and-listen/) - It's time to get back on the Health Care Reform train before it leaves the station without you! You are only allowed one carry on item, and you know you don't want to pay to check a bag. So what should an employer pack for the short trip to get to the end of 2012?
- [Reporting Employer-Sponsored Health Coverage on Form W-2:  What Employers Need to Know](https://www.ruderware.com/legal_updates/reporting-employer-sponsored-health-coverage-on-form-w-2-what-employers-need-to-know/) - Have your Health Care Reform Checklist handy? Earlier this month we shared with you our "Getting on Track With Health Care Reform: Stop, Look, and Listen," to help you "pack your bags" for a wild ride with Health Care Reform. First on the list is the requirement that employers report the cost of coverage under
- [OIG Issues 2013 Annual Work Plan, Outlines Areas of Focus for Fiscal Year Ahead](https://www.ruderware.com/legal_updates/oig-issues-2013-annual-work-plan-outlines-areas-of-focus-for-fiscal-year-ahead/) - The Office of Inspector General of the Department of Health of Health and Human Services ("OIG") has published their annual work plan for the 2013 fiscal year ("2013 Work Plan"). The Work Plan focuses on areas where OIG plans to focus significant resources during the 2013 fiscal year. The 2013 Work Plan creates opportunities for
- [2013 Brings Limits to Medical Flexible Spending Accounts](https://www.ruderware.com/legal_updates/2013-brings-limits-to-medical-flexible-spending-accounts/) - It might not have seemed significant back in 2010 when Health Care Reform was enacted, but upcoming open enrollment for flexible benefit plans will have something new in 2013. Starting with the 2013 plan year, changes to the Internal Revenue Code mean that medical flexible spending accounts must limit employee contributions to $2,500 per plan
- [2013 Qualified Plan Cost of Living Increases, 2013 Social Security Taxable Wage Base](https://www.ruderware.com/legal_updates/2013-qualified-plan-cost-of-living-increases-2013-social-security-taxable-wage-base/) - The Internal Revenue Service has announced the cost-of-living adjustments for the various qualified retirement plan limits. Almost all of the limits shown below are changed from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2012-$17,000 2013-$17,500 $200,000 compensation limit 2012-$250,000 2013-$255,000 $160,000 defined benefit limit 2012-$200,000 2013-$205,000 $40,000 defined contribution
- [Revised Guidance from Federal Trade Commission on Using Green or Environmentally Friendly Advertising Claims](https://www.ruderware.com/legal_updates/revised-guidance-from-federal-trade-commission-on-using-green-or-environmentally-friendly-advertising-claims/) - The Federal Trade Commission has long had guidelines concerning the use of "green" or similar claims of environmental benefits to products by advertisers. Recently, these so-called "green guides" were updated for the first time in almost 15 years to reflect the new world of advertising claims promoting green or environmentally friendly products or packaging. 
- [CMS Settles Class Action Reversing Nursing Home Improvement Standard](https://www.ruderware.com/legal_updates/cms-settles-class-action-reversing-nursing-home-improvement-standard/) - It is being reported that the Center for Medicare Advocacy, Inc. has settled its class action lawsuit with the Center for Medicare and Medicaid Services regarding the "improvement standard" that CMS has historically required in order to continue Medicare reimbursement for patients in nursing homes. The "improvement standard" resulted in Medicare coverage being denied in
- [OIG Approves Per Diem Payments to Physicians for On-Call Coverage](https://www.ruderware.com/legal_updates/oig-approves-per-diem-payments-to-physicians-for-on-call-coverage/) - Payment for call coverage has become a major issue throughout the country as physicians are increasingly asking for payment for providing call availability. Traditionally, call coverage has been seen as part of the physician's medical staff obligation. However, physicians are beginning to question traditional "on-call" coverage obligations for a number of reasons, including the fact
- [IRA Rollover by Non-spouse IRA Beneficiary is Prohibited](https://www.ruderware.com/legal_updates/ira-rollover-by-non-spouse-ira-beneficiary-is-prohibited/) - In July 2012, the United States Tax Court reiterated that inherited individual retirement accounts (IRAs) cannot be rolled over. Elizabeth Beech was the beneficiary of her deceased mother s traditional IRA. She received a check from the IRA, opened a new IRA, and deposited the funds from the check into the new IRA. Ms. Beech
- [Planning for Imminent Tax Changes](https://www.ruderware.com/legal_updates/planning-for-imminent-tax-changes/) - On Tuesday, President Obama was elected to a second term in office. The congressional election results indicate the potential for continuing gridlock between the House of Representatives and the Senate. The election results add to the uncertainty of whether we will return to pre-Bush era tax rates if there is no political compromise before year-end.
- [2013 Standard Mileage Rates](https://www.ruderware.com/legal_updates/2013-standard-mileage-rates/) - 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 2013. Effective January 1, 2013, the optional standard mileage rates will increase to 56.5 cents per mile for business transportation, and increase to 24 cents per mile for
- [Congress Strikes Deal To Avoid Tax Changes](https://www.ruderware.com/legal_updates/congress-strikes-deal-to-avoid-tax-changes/) - Congress passed the American Taxpayer Relief Act of 2012 overnight. President Obama has not yet signed the bill into law, but he is expected to sign the bill as proposed. The bill proposes some increases in tax rates, but the changes are not as significant as they could have been if Congress had failed to
- [Physician Pay Cut Avoided By the Fiscal Cliff Legislation](https://www.ruderware.com/legal_updates/physician-pay-cut-avoided-by-the-fiscal-cliff-legislation/) - Physicians can breathe a sigh of relief for at least another year. The "fiscal cliff" legislation that was passed by Congress on New Year s Day and signed by President Obama Wednesday night (January 2, 2013) averted the planned cut in Medicare payments for physicians that were scheduled to take place on January 1, 2013.
- [Estate Planning is About More Than Estate Taxes](https://www.ruderware.com/legal_updates/estate-planning-is-about-more-than-estate-taxes/) - After a flurry of last-minute negotiations to avoid the so-called "fiscal cliff," Congress passed, and President Obama signed, the American Taxpayer Relief Act of 2012. Among other things, it makes permanent the $5 million amount that may be transferred tax-free through a combination of lifetime gifts and transfers at death. For both gift and estate
- [Final Regulations Issued Under the HITECH Act](https://www.ruderware.com/legal_updates/final-regulations-issued-under-the-hitech-act/) - A final rule containing a wide range of changes to the privacy and security provisions of HIPAA was released last Thursday (January 17, 2013) by the Department of Health and Human Services Office for Civil Rights (OCR). The final regulations include a variety of implementing provisions for three primary rules that were required by the
- [Scam Warning:  Corporate Records Service Annual Minutes Form](https://www.ruderware.com/legal_updates/scam-warning-corporate-records-service-annual-minutes-form/) - State officials are warning Wisconsin business owners about "Corporate Records Service," a company sending out formal-looking "Annual Minute Forms" to Wisconsin businesses in an attempt to collect confidential information and fees for unnecessary paperwork. The Wisconsin Department of Financial Institutions issued a news release earlier this week stating they have received numerous inquiries from
- [FMLA Spring Cleaning:  Toss That Old FMLA Poster and Post the New One by March 8!](https://www.ruderware.com/legal_updates/fmla-spring-cleaning-toss-that-old-fmla-poster-and-post-the-new-one-by-march-8/) - By March 8, 2013, employers covered under the federal Family Medical Leave Act (those with 50 or more employees) must display the Department of Labor's new version of the Employee Rights and Responsibilities Under the Family and Medical Leave Act poster. Where can I get the new poster? A copy is available via download from
- [Transition of Patent Procedure to First-to-File Coming Soon](https://www.ruderware.com/legal_updates/transition-of-patent-procedure-to-first-to-file-coming-soon/) - The Leahy-Smith American Invents Act (AIA) will be making a significant change to the process of obtaining a patent in the United States on March 16, 2013, when the United States patent system transitions from the long-standing first-to-invent system to a first-to-file system. This change will bring U.S. patent law into line with the patent
- [The Scope of Prior Art in Patent Cases to Expand](https://www.ruderware.com/legal_updates/the-scope-of-prior-art-in-patent-cases-to-expand/) - The Leahy-Smith American Invents Act (AIA) will be expanding the scope of prior art that may be considered by the Patent Office as part of the examination of a patent application on March 16, 2013. This change will result in significant changes to the consideration of prior art prior to filing a patent application and,
- [U.S. Supreme Court Decides Important Self-Insured ERISA Plan Reimbursement Case](https://www.ruderware.com/legal_updates/u-s-supreme-court-decides-important-self-insured-erisa-plan-reimbursement-case/) - Plan administrators and sponsors of self-insured group health plans under the Employee Retirement Income Security Act of 1974 ("ERISA") should be aware of a case decided by the U.S. Supreme Court on April 16, 2013, US Airways, Inc. v. McCutcheon. The facts that gave rise to the lawsuit are typical. A participant in a self-insured
- [2014 Health Savings Account Cost of Living Adjustments](https://www.ruderware.com/legal_updates/2014-health-savings-account-cost-of-living-adjustments/) - The Internal Revenue Service today announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2014. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions - Self-only HDHP 2013 - $3,250 2014 - $3,300 Limit on HSA Contributions - Family HDHP 2013 - $6,450 2014
- [Attention Employers!  New I-9 Form Required by   May 7, 2013](https://www.ruderware.com/legal_updates/attention-employers-new-i-9-form-required-by-may-7-2013/) - On March 8, 2013, the U.S. Citizen and Immigration Services division of the Department of Homeland Security released a new I-9 Form. Here is a list of frequently asked questions regarding the new form: When do we need to start using the new form? The USCIS recommends that employers start using the new form immediately.
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- [Wisconsin Court of Appeals Upholds Worker's Compensation Safety Violation Penalty](https://www.ruderware.com/legal_updates/wisconsin-court-of-appeals-upholds-workers-compensation-safety-violation-penalty/) - The maximum penalty imposed on employers for safety violations in worker's compensation is $15,000. Seldom does a safety violation case make its way through a hearing before an administrative law judge, to appeal to the Labor and Industry Review commission, to a circuit court appeal, and then finally to the Wisconsin Court of Appeals. The
- [2014 Qualified Plan Cost of Living Increases, 2014 Social Security Taxable Wage Base](https://www.ruderware.com/legal_updates/2014-qualified-plan-cost-of-living-increases-2014-social-security-taxable-wage-base/) - The Internal Revenue Service has announced the cost-of-living adjustments for the various qualified retirement plan limits. Many of the limits shown below are unchanged from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2013: $17,500 2014: $17,500 $200,000 compensation limit 2013: $255,000 2014: $260,000 $160,000 defined benefit limit 2013: $205,000
- [2014 Standard Mileage Rates](https://www.ruderware.com/legal_updates/2014-standard-mileage-rates/) - 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 2014. Effective January 1, 2014, the optional standard mileage rates will decrease to 56 cents per mile for business transportation, and decrease to 23.5 cents per mile for
- [The Wisconsin Trust Code:  Contemporary Trust Laws to Deal With Contemporary Trust Issues](https://www.ruderware.com/legal_updates/the-wisconsin-trust-code-contemporary-trust-laws-to-deal-with-contemporary-trust-issues/) - Wisconsin has never been considered a leading jurisdiction for the creation and administration of trusts. Thanks to years of volunteer work by some dedicated Wisconsin attorneys, that perception will change significantly on July 1, 2014, when the new Wisconsin Trust Code will go into effect and replace the current Chapter 701 of the Wisconsin statutes.
- [Electronic Health Records Donation - Final Rules Issued by Centers for Medicare & Medicaid Services and Office of Inspector General](https://www.ruderware.com/legal_updates/electronic-health-records-donation-final-rules-issued-by-centers-for-medicare-medicaid-services-and-office-of-inspector-general/) - Just before the current rule was due to expire, the Centers for Medicare & Medicaid Services (CMS) on December 27, 2013 released final regulations on donation of electronic health record software. The existing rule, which was set to expire on December 31, 2013, allowed hospitals and other providers of Stark Law "designated health services" to
- [Clothing Optional?  The US Supreme Court Rules Employers Need Not Pay Workers for Time Spent Putting On/Taking Off Protective Gear](https://www.ruderware.com/legal_updates/clothing-optional-the-us-supreme-court-rules-employers-need-not-pay-workers-for-time-spent-putting-on-taking-off-protective-gear/) - Today the United States Supreme Court held that time spent "donning and doffing" protective clothing is not compensable under the Fair Labor Standards Act. In Sandifer v. United States Steel Corp, Sandifer and other steelworkers filed a putative collective action under the Fair Labor Standards Act (the Act), seeking back pay for time spent donning
- [No More Friend Me or You're Fired: Walker Signs Bill to Regulate Employer Access to Employee Social Media Sites](https://www.ruderware.com/legal_updates/no-more-friend-me-or-youre-fired-walker-signs-bill-to-regulate-employer-access-to-employee-social-media-sites/) - On April 8, Gov. Scott Walker signed the Wisconsin Social Media Protection Act. Prudent Wisconsin employers should make sure to understand how this law affects both workplace and recruiting practices. With some exceptions, the Wisconsin Social Media Protection Act prohibits employers from requesting that employees provide passwords for (or any access to) an employee's personal
- [2015 Health Savings Account Cost of Living Adjustments](https://www.ruderware.com/legal_updates/2015-health-savings-account-cost-of-living-adjustments/) - The Internal Revenue Service today announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2015. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions - Self-only HDHP 2014 - $3,300 2015 - $3,350 Limit on HSA Contributions - Family HDHP 2014 - $6,550 2015
- [New Implements of Husbandry Bill Now in Effect](https://www.ruderware.com/legal_updates/new-implements-of-husbandry-bill-now-in-effect/) - In an effort to modernize state law with regard to the operation of farm machinery, Governor Scott Walker signed Act 377, often referred to as the "Implements of Husbandry Bill," on April 24, 2014. Act 377 increases weight limits and size restrictions for implements of husbandry (IoHs), eliminates restrictions on hours of operation, revises the
- [E-Z Legal Form Results in Uneasy Post-Death Issues](https://www.ruderware.com/legal_updates/e-z-legal-form-results-in-uneasy-post-death-issues/) - Have you ever seen fill-in-the-blank wills online or in a bookstore? They are inexpensive and can be completed relatively quickly. Unfortunately, those forms are not personalized to meet your estate planning needs and they may lack provisions that are essential to disposing of your assets upon your death in accordance with your wishes. The Florida
- [Is Life Insurance a Suitable Investment?  Trustees No Longer Required to Monitor Suitability](https://www.ruderware.com/legal_updates/is-life-insurance-a-suitable-investment-trustees-no-longer-required-to-monitor-suitability/) - Under existing Wisconsin law, the trustee of an irrevocable trust that owns life insurance contracts is required to monitor the contracts to determine whether they are suitable investments for the trust and, if necessary, to take steps to prevent the lapse of the insurance coverage. These requirements apply whether or not the trustee was involved
- [Inherited IRAs are Not Protected From Bankruptcy Creditor Claims](https://www.ruderware.com/legal_updates/inherited-iras-are-not-protected-from-bankruptcy-creditor-claims/) - Generally, federal and state bankruptcy laws protect traditional individual retirement accounts (IRAs) from creditor claims. Courts have differed, however, on whether those laws also protect an IRA that is inherited (an "inherited IRA") by a child or other beneficiary of the account owner. Historically, Wisconsin courts have taken the position that inherited IRAs are not
- [Quality and Cost Provider Scoring](https://www.ruderware.com/legal_updates/quality-and-cost-provider-scoring/) - Very recently, we have seen commercial payors begin to roll out provider scoring systems. Information about the specifics of these systems is still developing, so I am not providing details at this time. Some of you may have already encountered this issue in connection with United Health's provider tiering system. Under this scoring system, payors
- [Wisconsin Worker's Compensation Policy Favors Immunity From Suit](https://www.ruderware.com/legal_updates/wisconsin-workers-compensation-policy-favors-immunity-from-suit/) - When the Worker's Compensation Act was adopted in Wisconsin the quid pro quo were no-fault benefits to the employee and protection to the employer against lawsuits. Wisconsin courts have consistently upheld the employers' end of the bargain. The Wisconsin Court of Appeals did so again in Hurt v. Cole, 2014 WL 3056165 decided on July
- [Wisconsin Supreme Court Holds that Worker's Compensation Carrier's Settlement With Third Party Tortfeasor Binds the Employee to the Terms of the Settlement](https://www.ruderware.com/legal_updates/wisconsin-supreme-court-holds-that-workers-compensation-carriers-settlement-with-third-party-tortfeasor-binds-the-employee-to-the-terms-of-the-settlement/) - Under Worker's Compensation, an injured employee receives benefits on a "no-fault" basis and the employer receives immunity from civil suit for damages. When a third party's negligence causes or contributes to the employee's injury, however, the third party is fair game to be sued by the injured employee and/or the employer's worker's compensation carrier (or
- [Shoemaker:  A Personal Experience](https://www.ruderware.com/legal_updates/shoemaker-a-personal-experience/) - 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,
- [NFL on the Defensive:  What Your Organization Can Learn From the Rice Incident.](https://www.ruderware.com/legal_updates/nfl-on-the-defensive-what-your-organization-can-learn-from-the-rice-incident/) - 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
- [WDNR's Duty and Authority to Consider Cumulative Impacts in Groundwater Withdrawal](https://www.ruderware.com/legal_updates/wdnrs-duty-and-authority-to-consider-cumulative-impacts-in-groundwater-withdrawal/) - 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
- [2015 Qualified Plan Cost of Living Increases, 2015 Social Security Taxable Wage Base](https://www.ruderware.com/legal_updates/2015-qualified-plan-cost-of-living-increases-2015-social-security-taxable-wage-base/) - 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)
- [2015 Standard Mileage Rates](https://www.ruderware.com/legal_updates/2015-standard-mileage-rates/) - 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
- [Bah Humbug: NLRB’s Long-Awaited E-Mail Access Decision Is Sure to Put a Damper on Holiday Cheer for Non-Union Employers](https://www.ruderware.com/legal_updates/bah-humbug-nlrbs-long-awaited-e-mail-access-decision-is-sure-to-put-a-damper-on-holiday-cheer-for-non-union-employers/) - 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.
- [Wisconsin Will Become A Right-To-Work State This Week?](https://www.ruderware.com/legal_updates/wisconsin-will-become-a-right-to-work-state-this-week/) - 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
- [“In Sickness and in Health…”: DOL Issues Final Rule Granting FMLA Rights to Married Same-Sex Couples](https://www.ruderware.com/legal_updates/in-sickness-and-in-health-dol-issues-final-rule-granting-fmla-rights-to-married-same-sex-couples/) - 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
- [The Fourth Circuit U.S. Court of Appeals Applies the “Significant Nexus” Test in Wetlands Litigation](https://www.ruderware.com/legal_updates/the-fourth-circuit-u-s-court-of-appeals-applies-the-significant-nexus-test-in-wetlands-litigation/) - 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
- [“Waters of the United States”:  Something More Than Actually Navigable Waters](https://www.ruderware.com/legal_updates/waters-of-the-united-states-something-more-than-actually-navigable-waters/) - 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
- [2016 Health Savings Account Cost of Living Adjustments](https://www.ruderware.com/legal_updates/2016-health-savings-account-cost-of-living-adjustments/) - The Internal Revenue Service today announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2016. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions - Self-only HDHP 2015 - $3,350 2016 - $3,350 Limit on HSA Contributions - Family HDHP 2015 - $6,650 2016
- [The Odd Jurisdictional Line:  “Waters of the United States” in SWANCC](https://www.ruderware.com/legal_updates/the-odd-jurisdictional-line-waters-of-the-united-states-in-swancc/) - This article reviews the second of three important U.S. Supreme Court cases that examine the jurisdictional reach of the Clean Water Act (“CWA”) by interpreting the definition of the “waters of the United States.” The first case was United States v. Riverside Bayview Homes, Inc., 474 U.S. 121 (1985) (“Riverside Bayview”), where the Court held
- [Attorney Shaughnessy Murphy Joins Ruder Ware](https://www.ruderware.com/legal_updates/attorney-shaughnessy-murphy-joins-ruder-ware/) - Ruder Ware is pleased to announce the addition of Shaughnessy Murphy to our Eau Claire attorney team. Shaughnessy advises clients on a wide variety of business transactional matters, including the organization of business entities; financing, sale and acquisition transactions; and related matters. He also assists clients who are involved in general business litigation matters. Prior
- [What is the Overtime Proposal and Why Should I Care?](https://www.ruderware.com/legal_updates/what-is-the-overtime-proposal-and-why-should-i-care/) - By now you probably have heard that the U.S. Department of Labor (DOL) has issued a “proposed rule and request for comments” regarding overtime eligibility. For those of you who want to chat intelligently about this topic at cocktail parties—but would prefer not to read the entire 295-page proposal—we offer the following FAQ: What is
- [One Instance of Racial Harassment Can Be Enough](https://www.ruderware.com/legal_updates/one-instance-of-racial-harassment-can-be-enough/) - Harassment and discrimination in the workplace continue to be evolving areas of law. In most U.S. jurisdictions, the rules seem to be fairly well-established as fair and balanced for both employer and employee. However, when the right case comes along, the balance can shift, and new standards can be adopted that favor one party over the
- [Hey Employers!  The DOL is Watching—Are Your Workers Properly Classified?](https://www.ruderware.com/legal_updates/hey-employers-the-dol-is-watching-are-your-workers-properly-classified/) - On July 15, 2015, the U.S. Department of Labor (“DOL”) released an administrative interpretation that addresses the standard under the Fair Labor Standards Act (“FLSA”) for properly classifying workers as employees or independent contractors. While there has been a great deal of buzz surrounding this release, specifically over the DOL’s statement that “most workers are
- [Rapanos v. United States:  The Narrow View, The Broad View, and the Search for the Significant Nexus to Clean Water Act Jurisdiction](https://www.ruderware.com/legal_updates/rapanos-v-united-states-the-narrow-view-the-broad-view-and-the-search-for-the-significant-nexus-to-clean-water-act-jurisdiction/)
- [WOTUS Legal Challenges Update](https://www.ruderware.com/legal_updates/wotus-legal-challenges-update/) - There are numerous pending lawsuits challenging the EPA and Corps of Engineers’ “Waters of the United States” (WOTUS) Rule. The Rule took effect in thirty-seven states on August 28, 2015, after proceedings in three of these lawsuits. The explanation lies in procedural intricacy. Under the Clean Water Act (“CWA”), original jurisdiction to challenge a rule
- [Clean Water Rule: Definition of  “Waters of the United States” under  the Clean Water Act](https://www.ruderware.com/legal_updates/clean-water-rule-definition-of-waters-of-the-united-states-under-the-clean-water-act/) - I. Introduction The terms “waters of the United States” and “navigable waters of the United States” are two separate definitions applied by the United States Army Corps of Engineers (“Corps”) in different contexts pursuant to different statutes. Let’s suppose you want to construct a hydroelectric plant. A fundamental concern would be whether the newly constructed
- [Sixth Circuit Court of Appeals Issues Nationwide Stay of Proceedings in the Clean Water Rule](https://www.ruderware.com/legal_updates/sixth-circuit-court-of-appeals-issues-nationwide-stay-of-proceedings-in-the-clean-water-rule/) - Various challenges to the Clean Water Rule, issued by the EPA and the Corps of Engineers on June 29, 2015, and effective August 28, 2015, have been consolidated by the Judicial Panel on Multi-District Litigation in the Sixth Circuit Court of Appeals. On October 9 the Sixth Circuit issued a stay of enforcement of the
- [2017 Qualified Plan Cost of Living Increases,  2017 Social Security Taxable Wage Base 2](https://www.ruderware.com/legal_updates/2017-qualified-plan-cost-of-living-increases-2017-social-security-taxable-wage-base-2/) - 2017 Qualified Plan Cost of Living Increases, 2017 Social Security Taxable Wage Base The Internal Revenue Service has announced the cost-of-living adjustments for the various qualified retirement plan limits. Some of the limits shown below remain unchanged from last year, but others have increased. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit
- [NOTICE! - He’s Back! Almost 50 Bills Signed into Law Recently by Governor Walker](https://www.ruderware.com/legal_updates/notice-hes-back-almost-50-bills-signed-into-law-recently-by-governor-walker/) - Last week, Governor Walker signed into law almost fifty new bills, many of which affect local government units, schools, and private employers’ human resource departments. My intent over coming days and weeks is to provide a summary of some of the important new laws. As the title of this blog not so subtly hints, the
- [2016 Standard Mileage Rates](https://www.ruderware.com/legal_updates/2016-standard-mileage-rates/) - 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 2016, and the reduced rates reflect the decrease in gasoline prices. Effective January 1, 2016, the optional standard mileage rates will decrease to 54 cents per mile for
- [Bypassing Scylla and Charybdis:  Pre-enforcement Judicial Review of Wetlands  Determinations Under the Clean Water Act](https://www.ruderware.com/legal_updates/bypassing-scylla-and-charybdis-pre-enforcement-judicial-review-of-wetlands-determinations-under-the-clean-water-act/) - Introduction In the Odyssey, Homer told of the inescapable sailing hazards that confronted Odysseus: the six-headed sea monster, Scylla, on one side of a strait and a whirlpool, Charybdis, on the other. Odysseus chose to avoid losing all to the whirlpool and take his chances with the monster. This was a good choice; Odysseus made
- [National Issues That Will Affect Central Wisconsin Businesses in 2016](https://www.ruderware.com/legal_updates/national-issues-that-will-affect-central-wisconsin-businesses-in-2016/) - Staying up-to-date and compliant with new laws, rules, and regulations is an ever increasing cost of doing business. Despite the fact that at the end of 2015 Congress took important steps to provide businesses with long-term certainty by permanently extending the federal Research and Development Tax Credit and the Section 179 expensing deduction, much was
- [DOL OT RULE UPDATE!!!! Release Date Now Expected in June of 2016](https://www.ruderware.com/legal_updates/dol-ot-rule-update-release-date-now-expected-in-june-of-2016/) - Multiple D.C. insiders and media outlets have reported that earlier this week the DOL forwarded the proposed final overtime rule to the Office of Management and Budget (OMB) for its mandatory review. (If right now you are asking yourself, “what is the proposed final overtime rule?” then see our previous e-alert by clicking here: What
- [2017 Health Savings Account Cost of Living Adjustments](https://www.ruderware.com/legal_updates/2017-health-savings-account-cost-of-living-adjustments/) - The Internal Revenue Service on April 29th announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2017. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions - Self-only HDHP 2016 - $3,350 2017 - $3,400 Limit on HSA Contributions - Family HDHP 2016
- [Today the DOL Announced its Long-awaited Final Rule!](https://www.ruderware.com/legal_updates/today-the-dol-announced-its-long-awaited-final-rule/) - Today the Department of Labor (DOL) announced its long-awaited rule expanding overtime protection for employees. The rule will go into effect December 1, 2016. Highlights include: Raising the salary threshold from $23,660 to $47,476 a year, or from $455 to $913 a week. Note: This is lower than the originally proposed $50,440, however, the rule
- [Wetlands Determinations - Uncertainty for the Clean Water Rule?](https://www.ruderware.com/legal_updates/wetlands-determinations-uncertainty-for-the-clean-water-rule/) - On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the Corps of Engineers constitute “final agency action,” which allows property owners to seek judicial review. As a result
- [IRS Releases Proposed Regulations That Will Affect the Ability to Transfer Your Family Business to the Next Generation](https://www.ruderware.com/legal_updates/irs-releases-proposed-regulations-that-will-affect-the-ability-to-transfer-your-family-business-to-the-next-generation/) - On Tuesday, the IRS released proposed regulations that will prevent owners of interests in a family business from being able to value those interests at a discount when transferring them to the next generation of owners, either through lifetime gifts or transfers at death. Under current law, a typical planning scenario with a family-owned corporation
- [Legally Speaking:  A Transforming Legal Marketplace and its Impact on Business](https://www.ruderware.com/legal_updates/legally-speaking-a-transforming-legal-marketplace-and-its-impact-on-business/) - Like many industries worldwide, the legal world finds itself in an era of transformation. After decades of rapid growth, the demand for traditional legal services has slowed enormously since 2008. A number of factors drive this sea change—two of the most important are the influence of technology and globalization. The Influence of Technology on the Law
- [The Eleventh Circuit Stays Challenge to the Clean Water Rule](https://www.ruderware.com/legal_updates/the-eleventh-circuit-stays-challenge-to-the-clean-water-rule/) - On August 16, 2016, the United States Court of Appeals for the Eleventh Circuit, which is located in Atlanta, issued its stay of proceedings in the challenge before that circuit to the Clean Water Rule that was filed in the federal district court for the southern district of Georgia. State of Georgia, et al., v.
- [The Importance of Buy-Sell Agreements](https://www.ruderware.com/legal_updates/the-importance-of-buy-sell-agreements/) - When business partners form a company and get started in their new venture, optimism and opportunity are usually in full supply. At that point, it is only natural to avoid thinking about some difficult questions about the business. One key, and all too frequent mistake, is the failure to discuss and plan for how a
- [DOL Overtime Rule Update: Breaking News!!!!!](https://www.ruderware.com/legal_updates/dol-overtime-rule-update-breaking-news/) - On September 20, 2016, two lawsuits were filed in an attempt to block the DOL’s proposed overtime rule (the "Rule"). Wisconsin joined 20 other states in filing one suit while the U.S. Chamber of Commerce along with 50 other business groups filed the other. Both suits, filed in the U.S. District Court for the Eastern
- [Taxes Under a Trump Administration](https://www.ruderware.com/legal_updates/taxes-under-a-trump-administration/) - Donald Trump won more than 270 votes in the Electoral College and thus on January 20, 2017 he is going to become the 45th president of the United States. In anticipation of that event, congressional tax writers and proponents for tax overhaul are optimistically planning to move bipartisan tax legislation forward in the first part
- [2017 Standard Mileage Rates](https://www.ruderware.com/legal_updates/2017-standard-mileage-rates/) - 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 2017, and the reduced rates reflect the continued decrease in gasoline prices. Effective January 1, 2017, the optional standard mileage rates will decrease to 53.5 cents per mile
- [Ambulatory Surgery Center Physician Exclusions - Reducing Risk of Forced Redemption of ASC Investment Interests](https://www.ruderware.com/legal_updates/ambulatory-surgery-center-physician-exclusions-reducing-risk-of-forced-redemption-of-asc-investment-interests/) - Many surgery centers are eventually faced with decisions about how to treat investing physicians who do not perform as many procedures in the surgery center as others. Under performing physicians can create political issues in ASCs because investors who perform more surgeries or higher value procedures at the center feel the other investors are taking Counsel regarding: ASC investment interests, violating the Anti-kickback Statute, ambulatory surgery center safe harbors act
- [Justice Scalia’s Definition of “Waters of the United States” to Become the Law of the Land?](https://www.ruderware.com/legal_updates/justice-scalias-definition-of-waters-of-the-united-states-to-become-the-law-of-the-land/) - On February 28, 2017, Donald Trump signed the “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” This executive order requires the Administrator of the EPA, the Assistant Secretary of the Army for Civil Works, and other executive department and agency heads
- [Do You Have The Power?](https://www.ruderware.com/legal_updates/do-you-have-the-power/) - When you hear the words “estate planning,” what do you think? The most common answers I hear mention “wills” or “trusts.” Although estate planning includes those documents, which carry out your plan after death, it also includes documents to help carry out your wishes while you are living. These documents are called powers of attorney,
- [U.S. Supreme Court Denies the Trump Administration’s Request to Suspend the Pending Litigation in the Sixth Circuit Court of Appeals over the Clean Water Rule](https://www.ruderware.com/legal_updates/u-s-supreme-court-denies-the-trump-administrations-request-to-suspend-the-pending-litigation-in-the-sixth-circuit-court-of-appeals-over-the-clean-water-rule/) - On April 3, 2017, the United States Supreme Court denied a request from the Trump Administration to place a hold on the pending litigation in which the EPA’s and the U.S. Army Corps of Engineer’s Clean Water Rule is being challenged. The basis for the Trump Administration’s request was the Executive Order signed on February
- [EPA’s Risk Management Plan (RMP) Final Rule Delayed](https://www.ruderware.com/legal_updates/epas-risk-management-plan-rmp-final-rule-delayed/) - EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017. EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry petitions for reconsideration and judicial review. On February 28, 2017, the “RMP Coalition” filed its
- [2018 Health Savings Account Cost of Living Adjustments](https://www.ruderware.com/legal_updates/2018-health-savings-account-cost-of-living-adjustments/) - The Internal Revenue Service on May 5th announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2018. HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions - Self-only HDHP 2017 - $3,400 2018 - $3,450 Limit on HSA Contributions - Family HDHP 2017 -
- [Breaking News-House Passes Comp Time Bill!](https://www.ruderware.com/legal_updates/breaking-news-house-passes-comp-time-bill/) - Some Frequently Asked Questions for the Curious... The House passed a bill named the Working Families Flexibility Act of 2017 earlier this month that, if signed into law, would dramatically change private sector compensation in the United States. Interested? Keep reading. What is “comp time”? “Comp time” is the concept of allowing an employee who
- [Animal Waste Emissions from Large Concentrated Animal Feeding Operations:  EPA, under the guns of the U.S. Court of Appeals for the District of Columbia and the EPA Office of Inspector General, Issues Interim Guidance to Farmers](https://www.ruderware.com/legal_updates/animal-waste-emissions-from-large-concentrated-animal-feeding-operations-epa-under-the-guns-of-the-u-s-court-of-appeals-for-the-district-of-columbia-and-the-epa-office-of-inspector-general-issues/) - Introduction Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On October 26, 2017, the U.S. Environmental Protection Agency (EPA) issued a press release announcing an interim guidance
- [Matt Lauer, Charlie Rose, Harvey Weinstein, Bill O’Reilly, Who’s Next?—Are you prepared for harassment allegations in your workplace?](https://www.ruderware.com/legal_updates/matt-lauer-charlie-rose-harvey-weinstein-bill-oreilly-whos-next-are-you-prepared-for-harassment-allegations-in-your-workplace/) - Sexual harassment in the workplace is not new. However, the rash of recent cases reported in Hollywood, Corporate America, and our Federal Government are shining a new spotlight on the issue. As an employer in Wisconsin, here is what you need to know to avoid being the next headline: All allegations must be taken seriously. 
- [The New Tax Law Provides Estate Planning Opportunities](https://www.ruderware.com/legal_updates/the-new-tax-law-provides-estate-planning-opportunities/) - Shortly before Christmas, Congress approved and President Trump signed into law the Tax Cut and Jobs Act. The new law increases the federal estate, gift, and generation-skipping transfer tax exemptions from $5 million to $10 million, adjusted for inflation. The inflation-adjusted exemption amount for 2018 has not yet been released by the IRS, but commentators
- [More Planning Tips for Individuals Under New Tax Act](https://www.ruderware.com/legal_updates/more-planning-tips-for-individuals-under-new-tax-act/) - As Shanna Yonke mentioned in her January 22, 2018 Legal Update The New Tax Law Provides Estate Planning Opportunities, President Trump signed the Tax Cuts and Jobs Act into law on December 22, 2017. The Act (officially, Public Law 115-97) is the most sweeping tax legislation to be enacted in decades. It is broad in scope,
- [DOL Overtime Rule Update:  Breaking News!](https://www.ruderware.com/legal_updates/dol-overtime-rule-update-breaking-news-3/) - Today the Department of Labor (DOL) announced a Notice of Proposed Rulemaking (NPRM) that would substantially increase the number of workers eligible for overtime. Most significantly, the DOL has recommended the salary threshold for workers required to be paid overtime be raised from $455 a week ($23,660 annually) to $679 a week ($35,308 annually). The
- [2024 HSA Limits Are Announced](https://www.ruderware.com/legal_updates/2024-hsa-limits-are-announced/) - On May 16, 2023, the IRS announced the Health Savings Account limits for 2024. With respect to contribution limits, the limits are higher than the ones for 2023 and the required deductible and out-of-pocket maximums have increased as well. As a reminder, these inflation adjusted amounts are effective for calendar year 2024 HSA/HDHP Requirement Cost-of-Living
- [Capitol Connection, September 2023](https://www.ruderware.com/legal_updates/capitol-connection-september-2023-issue/) - In this issue: Welcome to the Ruder Ware Capitol Connection Note From Public Affairs Director John Jacobson Top Three Issues Of Interest Wisconsin Supreme Court/Legislative Redistricting Special Session: Childcare, Higher Ed, And Workforce Income Tax Reduction Ruder Ware Tracker WELCOME TO THE RUDER WARE CAPITOL CONNECTION The ever-changing landscape of state government requires
- [Evaluate the Risks When Using Non-Competes](https://www.ruderware.com/legal_updates/evaluate-the-risks-when-using-non-competes/) - In today’s interconnected world, how to protect vital business assets such as key employees and confidential information is top of mind for businesses. Tools such as non-solicitation, non-compete and non-disclosure agreements are utilized as a method of protection for businesses. However, the changing legal landscape related to non-compete provisions has made it essential to be
- [Capitol Connection, October 2023](https://www.ruderware.com/legal_updates/capitol-connection-october-2023/) - In this issue: Welcome to the Ruder Ware Capitol Connection Note From Public Affairs Director John Jacobson Top Three Issues Of Interest Assembly Passes Bill to Authorize State Funding, Financing Plan for Milwaukee Brewers’ American Family Field Legislative Redistricting & Looming Impeachment Gov. Evers’ Special Session Bill Works its Way Through Legislature, GOP Income Tax
- [Collections in a Post-COVID-19 World](https://www.ruderware.com/legal_updates/collections-in-a-post-covid-19-world/) - As a collection and banking attorney, I am often asked whether (or when) I think collections will restart now that we are somewhat “beyond” COVID-19, although not fully. In my own practice I have seen an increase in demand letters to businesses and consumers for past due accounts or debts. Banks and businesses need to
- [Estate Planning Considerations for Business Owners](https://www.ruderware.com/legal_updates/estate-planning-considerations-for-business-owners/) - When your days are consumed with running a business, it can be hard to look ahead towards tomorrow’s to-do list, much less towards a to-do list for something far in the future, like estate planning. If you’ve pushed off putting in writing what will happen to your business once you’re gone, it’s time to tackle
- [2024 Qualified Plan Cost of Living Increases, 2024 Social Security Taxable Wage Base](https://www.ruderware.com/legal_updates/2024-qualified-plan-cost-of-living-increases-2024-social-security-taxable-wage-base/) - On November 1, 2023 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. Almost all of the limits shown below have increased from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2023 - $22,500 2024 - $23,000 $200,000 compensation limit 2023 - $330,000
- [Capitol Connection, November 2023](https://www.ruderware.com/legal_updates/capitol-connection-november-2023/) - The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the November issue of the Capitol Connection. Inside this issue Legislature Stands Adjourned Until Mid-January Top Three Issues of Interest American Family Field Alcohol Regulations Gov. Evers’ Special Session Legislation on Workforce and Child
- [Common Misconceptions About Estate Planning](https://www.ruderware.com/legal_updates/common-misconceptions-about-estate-planning/) - There is a lot of confusion about estate planning. This is understandable. Most people don’t deal with these issues on a regular basis, and planning for what happens when we die or become incapacitated isn’t something most of us like to think or talk about. Common misconceptions about estate planning include: 1. Having a will
- [Gifting, Inheritance, and Capital Gains Tax: When Should I Give My Kids Their Inheritance?](https://www.ruderware.com/legal_updates/gifting-inheritance-and-capital-gains-tax-when-should-i-give-my-kids-their-inheritance/) - As people begin to think about passing on their assets to the next generation, some consider gifting to their children during their life, rather than passing their assets by inheritance at their death. Possible motivations for this type of transfer include transferring ownership of a business to a child or the protection of assets in
- [Navigating Employment Verification Challenges: When to Seek Tailored Legal Advice](https://www.ruderware.com/legal_updates/navigating-employment-verification-challenges-when-to-seek-tailored-legal-advice/) - Federal laws place employers in a challenging position, requiring them to navigate between compliance with laws designed to prevent the employment of persons not eligible to work in the United States and laws punishing discrimination and document abuse. Non-compliance can lead to lawsuits, fines, and potentially even criminal prosecution. While all employers would benefit from
- [Solar Lease Dynamics:  Balancing Risks and Rewards](https://www.ruderware.com/legal_updates/solar-lease-dynamics-balancing-risks-and-rewards/) - The push for sustainable energy presents farmers with an intriguing opportunity: leasing their land for solar energy projects. These arrangements, known as solar leases (or easements), offer a blend of benefits and risks to farmers. Solar leases offer enticing benefits to farmers, including: Rent payments often far exceed the profitability of traditional farming. Solar leases
- [Breaking News: DOL Issues Final Overtime Rule](https://www.ruderware.com/legal_updates/breaking-news-dol-issues-final-overtime-rule/) - Today the Department of Labor issued its long-awaited rule raising the fixed salary requirements for employees in the executive, professional, and administrative exemption categories (EAP) and increasing the standard salary level and the total annual compensation requirement for highly compensated employees (HCE). (Note that the State of Wisconsin does not recognize the HCE exemption, so
- [Breaking News: FTC Finalizes Nationwide Noncompete Ban](https://www.ruderware.com/legal_updates/breaking-news-ftc-finalizes-nationwide-noncompete-ban/) - Today the Federal Trade Commission (FTC) voted to finalize a new rule to prohibit employers from enforcing noncompetes against employees. Highlights of the new rule include: Employers are prevented from entering into new noncompetes with workers on or after the rule’s effective date, which will be 120 days after the rule is published (which will
- [2025 HSA Limits Are Announced](https://www.ruderware.com/legal_updates/2025-hsa-limits-are-announced/) - On May 9, 2024, the IRS announced the Health Savings Account limits for 2025. With respect to contribution limits, the limits are higher than the ones for 2024 and the required deductible and out-of-pocket maximums have increased as well. As a reminder, these inflation adjusted amounts are effective for calendar year 2025. HSA/HDHP Requirement Cost-of-Living
- [New Filing Requirements - Corporate Transparency Act](https://www.ruderware.com/legal_updates/new-filing-requirements-corporate-transparency-act/) - The Corporate Transparency Act (CTA) is a recent enactment that mandates increased transparency in entity ownership structures, aiming to combat illicit activities such as money laundering and terrorism financing facilitated by anonymous entities, and has far-reaching implications for entities. CTA was passed as part of the National Defense Authorization Act for Fiscal Year 2021 but
- [The Corporate Transparency Act and Its Impact on Trusts](https://www.ruderware.com/legal_updates/the-corporate-transparency-act-and-its-impact-on-trusts/) - Trust stakeholders are subject to Corporate Transparency Act (“CTA”) obligations under specific circumstances. Under CTA, a “reporting company” must disclose information about the company and its “beneficial owners.” CTA defines a “reporting company” as any entity that is created by filing a document with a secretary of state or any similar office. A “beneficial owner”
- [Capitol Connection, May 2024](https://www.ruderware.com/legal_updates/capitol-connection-may-2024/) - The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the May issue of the Capitol Connection. Inside this issue Wisconsin Senate Votes to Override Nine Gov. Evers Vetoes 8th Congressional District to Remain Vacant Until 2025: Gov. Evers Calls for Special Election to Coincide
- [Timing is Key: Navigating Due Dates of the Corporate Transparency Act for Seamless Compliance](https://www.ruderware.com/legal_updates/timing-is-key-navigating-due-dates-of-the-corporate-transparency-act-for-seamless-compliance/) - A crucial aspect of compliance with the Corporate Transparency Act (“CTA”) is understanding the various due dates and obligations. A “reporting company” must meet CTA reporting deadlines to avoid potential regulatory penalties. To avoid such penalties for non-compliance, a reporting company must plan ahead to ensure there is sufficient time to conduct CTA analysis, gather
- [The CTA’s Large Operating Company Exemption in Focus](https://www.ruderware.com/legal_updates/the-ctas-large-operating-company-exemption-in-focus/) - The Corporate Transparency Act (the “CTA”), part of the federal government’s effort to curtail money laundering by means of shell company structures, imposes disclosure requirements on most entities registered to do business in the United States. As discussed in other Ruder Ware CTA Focus Team insights, there is a presumption that all entities are bound
- [Understanding the Corporate Transparency Act: Implications for Marital Property and Beneficial Ownership](https://www.ruderware.com/legal_updates/understanding-the-corporate-transparency-act-implications-for-marital-property-and-beneficial-ownership/) - Wisconsin’s marital property laws impact compliance with the Corporate Transparency Act (the “CTA”). As discussed in other Ruder Ware CTA Focus Team insights, the CTA requires a “reporting company” to report information about its “beneficial owners” to the Financial Crimes Enforcement Network (“FinCEN”). The CTA defines a beneficial owner as “any individual who, directly or
- [Texas Federal Judge Postpones DOL’s New Overtime Rule ONLY for Employees Working for the State of Texas](https://www.ruderware.com/legal_updates/texas-federal-judge-postpones-dols-new-overtime-rule-only-for-employees-working-for-the-state-of-texas/) - This past Friday, a Texas federal judge granted a preliminary injunction for the State of Texas, postponing the effective date of the Department of Labor’s new overtime rule. Currently, the injunction is limited only to State of Texas employees. All other employers must still comply with the final rule which went into effect today, July
- [Capitol Connection, June 2024 Recap](https://www.ruderware.com/legal_updates/capitol-connection-june-2024-recap/) - The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the June 2024 Recap issue of the Capitol Connection. Inside this issue Vos Recall Denied by Elections Commission Renowned Pollster Visits Ruder Ware New K-12 Literacy Vendor Selected Wisconsin Policy Forum: More FoodShare Recipients
- [DOL’s New Overtime Rule Litigation Update: Texas Federal Judge Denies Postponement of Rule for a Private Employer](https://www.ruderware.com/legal_updates/dols-new-overtime-rule-litigation-update-texas-federal-judge-denies-postponement-of-rule-for-a-private-employer/) - Late Monday afternoon, a federal judge in Texas denied a marketing firm’s motion for a preliminary injunction to halt the DOL’s new overtime rule. This denial affirms that, for now, employers, other than the State of Texas, must comply with the DOL’s new overtime rule which went into effect Monday, July 1, 2024. As each
- [The FTC’s Ban on Noncompetes Remains Imminent for Most Employers as Legal Challenges Continue](https://www.ruderware.com/legal_updates/the-ftcs-ban-on-noncompetes-remains-imminent-for-most-employers-as-legal-challenges-continue/) - On July 3, 2024, a federal judge in Texas granted a preliminary injunction in a lawsuit challenging the FTC’s noncompete ban. Notably, the injunction only applies to those plaintiffs named in the suit. All other employers will still need to comply with the noncompete ban when it takes effect in September. A final decision on
- [August Constitutional Referenda to Decide Who Spends Federal Funds](https://www.ruderware.com/legal_updates/august-constitutional-referenda-to-decide-who-spends-federal-funds/) - Statewide ballot referenda are not new to voters in the Badger State. There are four scenarios in which a question may be directly asked of voters: whether to amend the state’s constitution; ratification of a law extending the right of suffrage; nonbinding advisory question to measure public sentiment; and, ratifying a law that was passed
- [Unraveling the Corporate Transparency Act: Navigating Entity Dissolution](https://www.ruderware.com/legal_updates/unraveling-the-corporate-transparency-act-navigating-entity-dissolution/) - The Corporate Transparency Act (the “CTA”) imposes requirements on entities dissolved in 2024. Effective as of January 1, 2024, the CTA mandates entities disclose information about their “beneficial owners” to the Financial Crimes Enforcement Network (“FinCEN”). Previously, there was uncertainty about whether dissolved entities must report under the CTA. However, on July 8, FinCEN updated
- [Breaking News: Federal Court Halts FTC Noncompete Ban!](https://www.ruderware.com/legal_updates/breaking-news-federal-court-halts-ftc-noncompete-ban/) - Today, a federal court judge in Dallas, Texas, ruled the Federal Trade Commission went too far in issuing its nationwide noncompete ban that was set to become effective September 4, 2024. We anticipate the FTC will appeal and will update you as we know more. In the meantime, do not hesitate to contact the Employment
- [NLRB Seeks Aggressive Enforcement Against Employers for Unlawful Non-Compete and “Stay-or-Pay” Provisions](https://www.ruderware.com/legal_updates/nlrb-seeks-aggressive-enforcement-against-employers-for-unlawful-non-compete-and-stay-or-pay-provisions/) - Even after a Federal District Court judge in Texas struck down the looming FTC Ban on non-competes this past August, non-competes are still a hot topic in labor news. On Monday, Jennifer Abruzzo, the National Labor Relations Board’s (NLRB) General Counsel, issued a memo expanding on her May 2023 memo. The latest memo not only
- [Reminder: CTA Filing Deadline Looming](https://www.ruderware.com/legal_updates/reminder-cta-filing-deadline-looming/) - The Corporate Transparency Act (CTA) remains in effect, and, as a result, many entities are required to submit filings to the federal government by the January 1, 2025, deadline. A failure to timely file may result in civil and criminal penalties. Under the CTA, a “reporting company” must file a Beneficial Ownership Information Report (“BOIR”)
- [Breaking News: Noncompete Ban Not Dead Yet!](https://www.ruderware.com/legal_updates/breaking-news-noncompete-ban-not-dead-yet/) - As you know, the Federal Trade Commission (FTC) previously issued a rule that would ban most employee noncompetes throughout the United States. See our previous updates NLRB Seeks Aggressive Enforcement Against Employers for Unlawful Non-Compete and “Stay-or-Pay” Provisions, Breaking News: Federal Court Halts FTC Noncompete Ban, The FTC’s Ban on Noncompetes Remains Imminent for Most
- [2025 Qualified Plan Cost of Living Increases, 2025 Social Security Taxable Wage Base](https://www.ruderware.com/legal_updates/2025-qualified-plan-cost-of-living-increases-2025-social-security-taxable-wage-base/) - On November 1, 2024 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. Almost all of the limits shown below have increased from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2024 - $23,000 2025 - $23,500 $200,000 compensation limit 2024 - $345,000
- [OSHA Inspections – Being Prepared](https://www.ruderware.com/legal_updates/osha-inspections-being-prepared/) - The Occupational Safety and Health Administration (OSHA) sets standards and monitors the working environment for employees in most industries, including agriculture. In order to regulate and protect agri-business workers from specific industry hazards, OSHA has implemented requirements for agri-business employers through agricultural specific standards (29 CFR 1928) and general industry standards (29 CFR 1910). There
- [Breaking News:  Judge Tosses Overtime Increase](https://www.ruderware.com/legal_updates/breaking-news-judge-tosses-overtime-increase/) - Friday afternoon, a federal judge in Texas struck down the Department of Labor’s (“Department’s”) overtime rule (“Overtime Rule”) finding that the Overtime Rule exceeded the Department’s authority and was unlawful. In the Opinion, the court issued a vacatur which sets aside the rule and makes it no longer binding. This vacatur of the Overtime Rule
- [Capitol Connection, November 2024](https://www.ruderware.com/legal_updates/capitol-connection-november-2024/) - The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the November 2024 issue of the Capitol Connection. In this issue: Election 2024: State Legislature DNR Approves Enbridge ‘Line 5’ Permits State Schools Superintendent to Propose Over $4 Billion Increase for K-12 Aids Gov.
- [Ding Dong, the CTA is DEAD!](https://www.ruderware.com/legal_updates/ding-dong-the-cta-is-dead/) - A federal district court in Texas has issued a landmark decision postponing the enforcement of the Corporate Transparency Act (the “CTA”). The Court held that the CTA exceeds Congress’ power and is therefore likely unconstitutional. As a result, reporting companies are no longer required to comply with the CTA’s January 1, 2025, reporting deadline. As
- [U.S. Government Appeals Block on CTA Enforcement](https://www.ruderware.com/legal_updates/u-s-government-appeals-block-on-cta-enforcement/) - The U.S. Government has appealed a federal judge’s order temporarily blocking the enforcement of the Corporate Transparency Act (CTA). As a result, the case is now headed to the Fifth Circuit Court of Appeals. Currently, reporting companies are not required to submit filings. FINCEN has acknowledged this in a recent update to its website, stating:
- [The CTA is Back, Back Again](https://www.ruderware.com/legal_updates/the-cta-is-back-back-again/) - The Corporate Transparency Act (“CTA”) and its reporting requirements are back in effect. The Fifth Circuit Court of Appeals has granted the U.S. Government’s motion for an emergency stay of the nationwide CTA injunction. This means the federal injunction that sought to overrule or pause the CTA is temporarily halted. As a result, reporting companies
- [FinCEN Announces New January 13, 2025, Deadline for Most CTA Filings](https://www.ruderware.com/legal_updates/fincen-announces-new-january-13-2025-deadline-for-most-cta-filings/) - FinCEN has extended the reporting deadline for companies created or registered before January 1, 2024, to January 13, 2025. In an alert posted Tuesday night, FinCEN recognized that “reporting companies may need additional time to comply given the period when the preliminary injunction had been in effect.” Previously, the reporting deadline for these companies was
- [Oops!...The Court of Appeals Did It Again – CTA Halted!](https://www.ruderware.com/legal_updates/oops-the-court-of-appeals-did-it-again-cta-halted/) - The U.S. Court of Appeals for the Fifth Circuit has once again vacated enforcement of the Corporate Transparency Act (CTA) and its reporting requirements. This latest decision temporarily halts the mandate for entities to disclose beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN), reinstating a pause on compliance obligations. The appellate court’s panel
- [The CTA Journey – It Goes On and On and On](https://www.ruderware.com/legal_updates/the-cta-journey-it-goes-on-and-on-and-on/) - The Corporate Transparency Act (“CTA”) has been on a journey this past month with a whirlwind of court rulings: halted by a federal district court, reinstated by the Fifth Circuit’s motions panel, had its reporting deadlines extended by FinCEN, and then halted again by the Fifth Circuit’s merits panel. Amidst all this back-and-forth, predicting what
- [Judge Tosses DOL Overtime Increase – What Employers Should Be Considering and Other Wage & Hour Reminders](https://www.ruderware.com/legal_updates/what-employers-should-be-considering-and-other-wage-hour-reminders/) - On November 15, 2024, a federal judge for the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s (DOL’s) 2024 overtime rule (“Overtime Rule”). This decision came months after the Overtime Rule went into effect and the first increase to the salary requirement was implemented. Due to the delay
- [Employers Should Pay Attention to Major Changes to Immigration Policy Under the Second Trump Administration](https://www.ruderware.com/legal_updates/employers-should-pay-attention-to-major-changes-to-immigration-policy-under-the-second-trump-administration/) - All employers, regardless of whether they sponsor employees for work visas, should closely monitor the Trump Administration’s evolving immigration policies. This is critical due to an anticipated surge in the enforcement of immigration laws and the potential labor supply disruptions stemming from significant changes to immigration policy. Employers who are unsure about their I-9 compliance,
- [Livin’ on a Stay: The CTA Saga Continues](https://www.ruderware.com/legal_updates/livin-on-a-stay-the-cta-saga-continues/) - The Corporate Transparency Act (“CTA”) and its beneficial ownership reporting requirements are back in effect. Earlier today, the U.S. Supreme Court granted the federal government’s request to stay (i.e., pause) the nationwide block on enforcing the CTA. The merits of the CTA are still under review by the 5th Circuit Court of Appeals, with oral
- [CTA Reporting Requirements Paused - FinCEN Under Pressure](https://www.ruderware.com/legal_updates/cta-reporting-requirements-paused-fincen-under-pressure/) - In an alert posted this morning, FinCEN has announced that reporting companies are not currently required to file beneficial ownership reports even with the U.S. Supreme Court’s order yesterday. Instead of issuing a new deadline for filing reports, FinCEN stated that despite the Supreme Court granting a stay (i.e., pause) of the nationwide block on
- [What to Expect When Your Employee is Expecting Under the Pregnant Workers Fairness Act](https://www.ruderware.com/legal_updates/what-to-expect-when-your-employee-is-expecting-under-the-pregnant-workers-fairness-act/) - For many years, employers have been operating within the confines of the Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”), and the Wisconsin Fair Employment Act (“WFEA”) when a pregnant employee needs time off or an accommodation. Now employers have a new law to consider, and one that is arguably more favorable
- [USCIS Unveils Key Dates and Fee Increase for FY 2026 H-1B Cap Registration](https://www.ruderware.com/legal_updates/uscis-unveils-key-dates-and-fee-increase-for-fy-2026-h-1b-cap-registration/) - For employers seeking to sponsor foreign national professionals, awareness of the H-1B cap registration deadline is critical. Registration for the FY 2026 H-1B Cap lottery will start at 12 p.m. Eastern Time on March 7 and end at 12 p.m. Eastern Time on March 24. This year, the registration fee has been increased to $215.
- [It’s Tricky! Tracking the CTA](https://www.ruderware.com/legal_updates/its-tricky-tracking-the-cta/) - The Corporate Transparency Act (CTA) remains on hold due to a nationwide injunction granted by a federal District Court in Texas in Smith v. U.S. Department of the Treasury. However, given pending legal battles and legislative movements under the new administration, the status of the CTA could be facing imminent change. While there are several
- [Yo-Yo-Yo: CTA is Back](https://www.ruderware.com/legal_updates/yo-yo-yo-cta-is-back/) - The Corporate Transparency Act (CTA) and its reporting requirements are back in effect. This afternoon, a federal district court in Texas granted the U.S. government’s motion to stay (i.e., pause) the nationwide CTA injunction. Based on FinCEN’s most recent alert, FinCEN intends to extend the reporting deadline for all reporting companies to 30 days from
- [Hello, Goodbye: CTA Enforcement Suspended](https://www.ruderware.com/legal_updates/hello-goodbye-cta-enforcement-suspended/) - The U.S. Department of the Treasury suspended enforcement of the Corporate Transparency Act (CTA) for U.S. citizens and domestic reporting companies. On Sunday night, the Treasury announced that U.S. citizens and domestic reporting companies will no longer face penalties or fines for failure to report under the CTA. In its announcement, the Treasury stated it
- [Bye Bye Bye: FinCEN Issues CTA Update](https://www.ruderware.com/legal_updates/bye-bye-bye-fincen-issues-cta-update/) - On March 21, 2025, FinCEN announced an end to Corporate Transparency Act (CTA) reporting requirements for U.S. citizens and domestic companies. In line with the U.S. Department of Treasury’s announcement earlier this month, FinCEN has issued an interim final rule narrowing the scope of beneficial ownership information (BOI) reporting under the CTA. Under the interim
- [USCIS Announces Revised Form I-9](https://www.ruderware.com/legal_updates/uscis-announces-revised-form-i-9/) - On April 2nd, USCIS announced they had made available a revised Form I-9 for employment eligibility verification. The new form, available at the USCIS website, has an edition date of 01/20/25 and an expiration date of 05/31/27. USCIS will also continue to accept the following previous versions of the form: Form I-9 (08/01/2023 edition) with
- [Noncitizens Should Review their Compliance with Registration and Change of Address Notification Requirements](https://www.ruderware.com/legal_updates/noncitizens-should-review-their-compliance-with-registration-and-change-of-address-notification-requirements/) - On March 12th, the Department of Homeland Security published an Interim Final Rule (“IFR”) partially implementing section 7 of Executive Order 14159, Protecting the American People Against Invasion (Jan. 20, 2025) (the “Executive Order”). Section 7 of the Executive Order directed the Secretary of Homeland Security, and others, to ensure that all previously unregistered noncitizens
- [2026 HSA Limits Are Announced](https://www.ruderware.com/legal_updates/2026-hsa-limits-are-announced/) - On May 1, 2025, the IRS announced the Health Savings Account limits for 2026. With respect to contribution limits, the limits are slightly higher than the ones for 2025 and the required deductible and out-of-pocket maximums have increased as well. As a reminder, these inflation adjusted amounts are effective for calendar year 2026. HSA/HDHP Requirement
- [Zoning and Legal Compliance: Key to Successful Downtown Development](https://www.ruderware.com/legal_updates/zoning-and-legal-compliance-key-to-successful-downtown-development/) - For developers, adeptly navigating the intricate web of zoning laws and regulations is paramount to ensuring that projects not only comply with local ordinances but also align with community standards. Understanding Zoning Regulations Zoning laws are essential for urban planning, dictating how land can be used. They help maintain order and prevent conflicts between different
- [F-1 Visa Changes Create Uncertainty for Employers and Students](https://www.ruderware.com/legal_updates/f-1-visa-changes-create-uncertainty-for-employers-and-students/) - Over the past month, the Trump administration has announced several changes impacting F-1 visa programs. F-1 visa interviews have been paused, visas have been purportedly cancelled, and some program certifications have been revoked. Lawsuits have been filed to stymie these changes and conditions continue to evolve. These developments may affect an employer’s plans for CPT,
- [Recent Supreme Court Decision Reinforces “Honesty is the Best Policy”](https://www.ruderware.com/legal_updates/recent-supreme-court-decision-reinforces-honesty-is-the-best-policy/) - On June 5, 2025, the United States Supreme Court issued a decision that continues to reinforce the importance of providing honest and accurate feedback to employees regarding employment decisions. Marlean Ames, a straight woman, was employed by the Ohio Department of Youth Services. She interviewed for a new management position but was passed over in
- [E-Verify Users Beware: New E-Verify Feature Makes it Easier to Charge Employers with Knowledge that an Employee’s EAD Has Been Revoked](https://www.ruderware.com/legal_updates/e-verify-users-beware-new-e-verify-feature-makes-it-easier-to-charge-employers-with-knowledge-that-an-employees-ead-has-been-revoked/) - On June 20, 2025, the United States Department of Homeland Security (“DHS”) announced a new functionality of E-Verify called a Status Change Report. The announcement instructs E-Verify employers to regularly log in to E-Verify to generate Status Change Reports and to immediately begin the reverification process for “each current employee whose EAD the Status Change
- [One Big Beautiful Bill Act: Stay Tuned for Our Client Alert Series](https://www.ruderware.com/legal_updates/one-big-beautiful-bill-act-stay-tuned-for-our-client-alert-series/) - As you may be aware, on July 4, 2025, a landmark piece of tax legislation – commonly referred to as “One Big Beautiful Bill Act” – was signed into law, ushering in some of the most significant changes to the tax code in recent years. This sweeping bill touches nearly every corner of the tax
- [DHS Announces Termination of CHNV Parole Program](https://www.ruderware.com/legal_updates/dhs-announces-termination-of-chnv-parole-program/) - Editor's Note: CHNV Parole Termination Notice Stayed by Court The March 25 Federal Register Notice announcing the termination of CHNV parole has been stayed. Last week, the United States District Court for the District of Massachusetts issued a preliminary injunction, temporarily blocking the implementation of the termination notice. For more information, please see the USCIS
- [No Tax on Overtime](https://www.ruderware.com/legal_updates/no-tax-on-overtime/) - President Trump signed H.R. 1 (commonly known as, the One Big Beautiful Bill) into law on July 4, 2025, which includes a no tax on overtime provision effective January 1, 2025 through December 31, 2028. Under H.R. 1, employees can take an above the line deduction for “Qualified Overtime.” The deduction is subject to annual
- [Handing Down the Harvest: Succession Planning for Cranberry Growers](https://www.ruderware.com/legal_updates/handing-down-the-harvest-succession-planning-for-cranberry-growers/) - For generations, Wisconsin cranberry farms, like potato farms, have been more than businesses—they’ve been legacies. Passed down through families, these farms are rooted in tradition, hard work, and deep community ties. But as the industry evolves and families grow, succession planning becomes not just a smart strategy, it’s essential. Unlike many other sectors, retirement is
- [2026 Qualified Plan Cost of Living Increases, 2026 Social Security Taxable Wage Base](https://www.ruderware.com/legal_updates/2026-qualified-plan-cost-of-living-increases-2026-social-security-taxable-wage-base/) - On November 13, 2025 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. Almost all of the limits shown below have increased from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2025 - $23,500 2026 - $24,500 $200,000 compensation limit 2025 - $350,000
- [Wisconsin E-Verify Bill Poised to Pass Legislature](https://www.ruderware.com/legal_updates/wisconsin-e-verify-bill-poised-to-pass-legislature/) - Assembly Bill 281 (Senate Bill 287) would require certain Wisconsin employers to participate in the federal E-Verify program. The proposed mandate would apply to state agencies and local government units within Wisconsin. In addition, bidders on state contracts subject to the low-bid process would be required to enroll in E-Verify to qualify to bid. Insight
- [Capitol Connection: Wisconsin Supreme Court Shifts Rulemaking & Regulatory Landscape](https://www.ruderware.com/legal_updates/capitol-connection-wisconsin-supreme-court-shifts-rulemaking-regulatory-landscape/) - What Happened In July, the Wisconsin Supreme Court issued a landmark ruling in Evers v. Marklein that reshapes how administrative rules are created and implemented in the state. The Court struck down the Joint Committee for Review of Administrative Rules’ (JCRAR) authority to indefinitely suspend or block regulations, finding those powers unconstitutional. In response, Governor
- [Presidential Proclamation Creates $100,000 Payment Requirement for New H-1B Petitions](https://www.ruderware.com/legal_updates/presidential-proclamation-creates-100000-payment-requirement-for-new-h-1b-petitions/) - Late last week, the White House issued a Proclamation which added a payment requirement of $100,000 to new H-1B petitions. The Proclamation provides a narrow exception for persons whose employment is determined in the Secretary of Homeland Security’s discretion to be in the national interest of the United States. This new requirement went into effect
- [USCIS Issues New Guidance on $100,000 H-1B Fee Proclamation](https://www.ruderware.com/legal_updates/uscis-issues-new-guidance-on-100000-h-1b-fee-proclamation/) - On October 20, 2025, the United States Citizenship and Immigration Service (USCIS) issued new guidance clarifying how the recent $100,000 H-1B fee proclamation would be implemented, notably: The $100,000 fee does not apply to petitions filed before September 21, 2025. The $100,000 fee does not apply to petitions filed on or after September 21, 2025,
- [U.S. Chamber of Commerce Sues Trump Administration Over $100,000 H-1B Fee Proclamation](https://www.ruderware.com/legal_updates/u-s-chamber-of-commerce-sues-trump-administration-over-100000-h-1b-fee-proclamation/) - On October 16, 2025, the U.S. Chamber of Commerce filed a lawsuit in the U.S. District Court for the District of Columbia against the U.S. Department of State and the U.S. Department of Homeland Security. The lawsuit seeks a declaration that President Trump’s recent proclamation imposing a $100,000 fee on new H-1B petitions is unlawful,
- [White House Announces Gold Card Visa Program and Teases Upcoming Platinum Card Visa Program with Unique Tax Benefits](https://www.ruderware.com/legal_updates/white-house-announces-gold-card-visa-program-and-teases-upcoming-platinum-card-visa-program-with-unique-tax-benefits/) - On September 19, 2025, the President signed an executive order directing the creation of a “Gold Card” program in which a one-million-dollar gift to the United States on behalf of an individual or two-million-dollar gift to the United States by an entity on behalf of an individual shall be treated as evidence of eligibility for
- [Capitol Connection, July 2025](https://www.ruderware.com/legal_updates/capitol-connection-july-2025/) - The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the July issue of the Capitol Connection. In this issue: Governor Tony Evers Signs 2025–2027 Wisconsin Biennial Budget into Law K-12 Education and Child Care UW System and Technical Colleges Tax Relief for Household

## Seminars

- [2026 Estate Planning 101](https://www.ruderware.com/seminars/2026-estate-planning-101/) - Join us for an estate planning seminar focused on practical strategies to protect your assets, carry out your wishes, and provide for your family’s future. This seminar is presented at no charge.
- [Green Bay Annual Employment & Benefits Conference 2026](https://www.ruderware.com/seminars/green-bay-annual-employment-benefits-conference-2026/) - Our Employment & Benefits Team is excited to invite you to one of our most popular, long-standing conferences. Designed for HR professionals, this event offers practical, actionable insights to help HR teams make informed decisions. Join us in Green Bay at The Hilton Garden Inn (map and directions) on Thursday, April 16, 2026. 7:30 a.m.
- [Eau Claire Annual Employment & Benefits Conference 2026](https://www.ruderware.com/seminars/eau-claire-annual-employment-benefits-conference-2026/) - Ruder Ware and the Eau Claire Area Chamber of Commerce are partnering to present the Annual Employment & Benefits Conference at The Florian Gardens Conference Center (map and directions) on Tuesday, April 7, 2026. 7:30 a.m. Registration 8:00 a.m. Welcome & Introductions 8:05 – 8:55 a.m. Immigration Law Update for HR Professionals: Keeping Pace With a
- [Webinar: New Entity Filing Obligations - The Corporate Transparency Act Requirements Explained](https://www.ruderware.com/seminars/webinar-new-entity-filing-obligations-the-corporate-transparency-act-requirements-explained/) - Entities are now legally obligated to report beneficial owner information to the federal government under the Corporate Transparency Act (CTA). Since the CTA came into effect on January 1, 2024, individuals and businesses alike are grappling with the question: “Do I need to file?” If you own any interest in an entity (corporation, LLC, or
- [Annual Employment & Benefits Conference 2025](https://www.ruderware.com/seminars/annual-employment-benefits-conference-2025/) - Ruder Ware’s Annual Employment & Benefits Law Conference will be held at the Hilton Garden Inn (map and directions) on Thursday, November 6, 2025. 7:30 a.m. Registration 8:00 a.m. Welcome & Introductions 8:05 – 8:55 a.m. 2025 Immigration Law Update for HR Professionals: Keeping Pace With a Changing Immigration Landscape Presenter: Attorney Sam Moheban Immigration attorney Sam
- [Estate Planning 101](https://www.ruderware.com/seminars/estate-planning-101/) - Join us for an insightful estate planning seminar where you'll learn essential strategies to protect your assets, ensure your wishes are honored, and secure your family's future. This seminar is presented at no charge.
- [Farmer to Farmer Legal Series](https://www.ruderware.com/seminars/farmer-to-farmer-legal-series/) - Ruder Ware and the Dairy Business Association are partnering to provide a series of informational events across the state. Non-DBA members are welcome to participate. There is no charge to attend, lunch will be provided. Topics covered: The Time is Right for a Succession Plan Presenters: Attorneys Mykayla Dado & Amy Ebeling In order to
- [Annual Employment & Benefits Conference 2024](https://www.ruderware.com/seminars/annual-employment-benefits-conference-2024/) - Ruder Ware’s Annual Employment & Benefits Law Conference will be held at the Hilton Garden Inn (map and directions) on Thursday, November 14, 2024. 7:30 a.m. Registration 8:00 a.m. Welcome & Introductions 8:05 – 8:40 a.m. Benefits Update Presenter: Attorney Mary Ellen Schill Employee benefits are crucial to attracting new talent, as many job seekers prioritize benefits over
- [Local Government Seminar - Spring 2017](https://www.ruderware.com/seminars/local-government-seminar-spring-2017/) - Ruder Ware's Spring Local Government Seminar is set for April 25, 2017 at the Holiday Inn Hotel & Suites in Rothschild, Wisconsin (click here for information and directions). Ruder Ware is providing this Local Government Seminar to all of its current and prospective clients. The seminar is designed to give detailed information to experienced administrators and officials as
- [Annual Employment & Benefits Conference 2023](https://www.ruderware.com/seminars/annual-employment-benefits-conference-2023/) - Ruder Ware's Annual Employment & Benefits Law Conference will be held at the Hilton Garden Inn (map and directions) on Thursday, November 16, 2023. 7:30 a.m. Registration 8:00 a.m. Welcome & Introductions 8:15 - 9:00 a.m. Anatomy of the Deal: Handling Due Diligence Like a Pro Presenter: Attorney Mary Ellen Schill Due diligence. Data rooms. Human resources and benefits
- [Human Resources 101: Fundamentals for Your Business](https://www.ruderware.com/seminars/human-resources-101-fundamentals-for-your-business/) - Seminar Sponsor Central Wisconsin Society for Human Resource Management (CWSHRM) Seminar Topic Overview of the employer/employee relationship Understanding state and federal discrimination law Addressing an employee with a disability Disciplining the poor performing employee Adopting an employee handbook to meet the needs of your company Topic Description Hear about the tools and knowledge you need
- [Local Government Seminar - Spring 2018](https://www.ruderware.com/seminars/local-government-seminar-spring-2018/) - Ruder Ware's Fall Local Government Seminar is set for September 26, 2017 at the Holiday Inn Hotel & Suites in Rothschild, Wisconsin Ruder Ware is providing this Local Government Seminar to all of its current and prospective clients. The seminar is designed to give detailed information to experienced administrators and officials as well as general
- [Local Government Seminar - Fall 2017](https://www.ruderware.com/seminars/local-government-seminar-fall-2017/) - Ruder Ware's Fall Local Government Seminar is set for September 26, 2017 at the Holiday Inn Hotel & Suites in Rothschild, Wisconsin Ruder Ware is providing this Local Government Seminar to all of its current and prospective clients. The seminar is designed to give detailed information to experienced administrators and officials as well as general
- [Annual Employment & Benefits Law Conference 2022](https://www.ruderware.com/seminars/annual-employment-benefits-law-conference-2022/) - Ruder Ware's Annual Employment & Benefits Law Conference will be held at the Hilton Garden Inn (map and directions) on Thursday, November 10, 2022. 7:30 a.m. Registration 8:00 a.m. Welcome & Introductions 8:15 - 9:00 a.m. Take It or Leave It: Wisconsin’s Bone Marrow and Organ Donor Leave Law; Leave Donation
- [Protect Your Assets - Medicaid and Nursing Home Planning - Marshfield, WI](https://www.ruderware.com/seminars/protect-your-assets-medicaid-and-nursing-home-planning-2/) - Questions addressed will include: Can I protect my house from a nursing home lien? Who is eligible for Medicaid/medical assistance? Is it too late to start planning? Will a trust protect my assets? Can I get help to pay for assisted living? This seminar is presented at no charge.
- [Protect Your Assets - Medicaid and Nursing Home Planning - Eau Claire, WI](https://www.ruderware.com/seminars/protect-your-assets-medicaid-and-nursing-home-planning-eau-claire-wi-3/) - Learn why Wisconsin's medical assistance law will not affect your ability to protect assets. Questions addressed will include: Can I protect my house from a nursing home lien? Who is eligible for Medicaid/medical assistance? Will a trust protect my assets? Can I get help to pay for assisted living? Is it too late to start
- [Annual Employment, Benefits & Labor Relations Law Conference - Fall 2015](https://www.ruderware.com/seminars/annual-employment-benefits-labor-relations-law-conference-fall-2015/) - Registration: 7:30 a.m. Welcome and Introductions: 8:00 a.m. 8:05 a.m. - 9:20 a.m. Never a Dull Moment in the Employee Benefits World! Attorney Mary Ellen Schill Update on ACA, impact of Supreme Court same sex marriage decision on benefit plans, and whatever else is keeping us up at night. Break: 9:20 a.m. - 9:30 a.m.
- [Eau Claire Employment, Benefits & Labor Relations Law Conference - Spring 2016](https://www.ruderware.com/seminars/eau-claire-employment-benefits-labor-relations-law-conference-spring-2016/) - Registration: 7:30 a.m. Welcome and Introductions: 8:00 a.m. 8:05 a.m. - 9:20 a.m. Never a Dull Moment in the Employee Benefits World! Attorney Mary Ellen Schill Update on ACA, impact of Supreme Court same sex marriage decision on benefit plans, and whatever else is keeping us up at night. Break: 9:20 a.m. - 9:30 a.m.
- [Protect Your Assets - Medicaid and Nursing Home Planning - Green Bay](https://www.ruderware.com/seminars/protect-your-assets-medicaid-and-nursing-home-planning-green-bay/) - This seminar is offered at both 9:00 a.m. and 5:30 p.m. - registration details below. Questions that will be addressed Can I protect my house from a nursing home lien? Who is eligible for Medicaid/medical assistance? Is it too late to start planning? Will a trust protect my assets? Can I get help to pay Green Bay area Elder Law Seminar - Protect your Assets - Medicaid and Nursing Home Planning
- [2022 CWSHRM Spring Conference](https://www.ruderware.com/seminars/2022-cwshrm-spring-conference/) - Central Wisconsin Society for Human Resource Management 2022 Spring Conference – May 5, 2022 Holiday Inn & Suites, Wausau - Rothschild 1000 Imperial Ave Rothschild, WI Registration – 7:30 am - 8:25 am Introduction – 8:25 Agenda: Opening Keynote Presentation – 8:30 - 10:30 Traci Schrek, Talent Optimizer - Talent Pathway Planning The session will help you
- [Annual CWSHRM Human Resources & Labor Law Conference - 2015](https://www.ruderware.com/seminars/annual-cwshrm-human-resources-labor-law-conference-2015-2/) - 7:30 am Registration and Continental Breakfast 8:00 am Introductions 8:15 am Opening Keynote Presentation: STRATEGIC HR - THE NORMAL PLAY BOOK WON’T GET YOU THERE - Margaret Morford 10:15 am Break & Networking 10:30 am Legal Workshop: “IT’S ELEMENTARY, MY DEAR WATSON!” TIPS AND TRAPS IN CONDUCTING WORKPLACE INVESTIGATIONS Ruder Ware Attorney - Sara Ackermann
- [Eau Claire Ruder Ware Employment, Benefits & Labor Relations Conference - 2015](https://www.ruderware.com/seminars/eau-claire-ruder-ware-employment-benefits-labor-relations-conference-2015/) - Conference Schedule: Welcome and Introductions: 8:00 a.m. 8:05 a.m. - 9:20 a.m. Affordable Care Act New Reporting Requirements and Update Attorney Mary Ellen Schill The pay or play mandate under the ACA is here for applicable large employers. And, the IRS has issued draft forms and instructions for the Section 6055 and 6056 reporting requirements for
- [Annual Employment & Benefits Law Conference 2021](https://www.ruderware.com/seminars/annual-employment-benefits-law-conference-2021/) - Conference Date: Tuesday, November 16, 2021 (moved up from December 2, 2021) Due to OSHA ETS being issued on November 4, and compliance required commencing December 5, we have had many requests to move up our conference to address the ETS requirements. Our conference will start with a panel presentation about the OSHA ETS and allow
- [2021 CWSHRM Spring Conference](https://www.ruderware.com/seminars/2021-cwshrm-spring-conference/) - Central Wisconsin Society for Human Resource Management 2021 Spring Conference All presentations via Zoom Agenda: Opening Keynote Presentation: Culture of Engagement: Why/How to Build Passionate and Engaged Teams - Joshua Evans, Better Workplaces, Better World™ Each of us began our careers from a passionate place. On our first day of work every one of us
- [35th Annual Estate Planning Update](https://www.ruderware.com/seminars/35th-annual-estate-planning-update/) - Ruder Ware Attorneys Mark Bradley and Melissa Kampmann will present on the topic Borrowing Money When Collateral is Held in Trust Assure clients their legacy will pass to the next generation as planned Who should attend: Estate planning practitioners Probate attorneys Elder law attorneys Family law attorneys How you ll benefit: Be current with case
- [Protect Your Assets - Medicaid and Nursing Home Planning Virtual Seminar](https://www.ruderware.com/seminars/protect-your-assets-medicaid-and-nursing-home-planning-virtual-seminar/) - Questions addressed will include: Can I protect my house from a nursing home lien? Who is eligible for Medicaid/medical assistance? Is it too late to start planning? Will a trust protect my assets? Can I get help to pay for assisted living? This seminar is presented at no charge.
- [Protect Your Assets:  Medical Care & Long-Term Planning - Fall 2014 - Wausau, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-care-long-term-planning-fall-2014-wausau-wi/) - Medical Assistance & Long-Term Care Planning The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is offered at no charge. It is offered at both 10:30 a.m. and 5:30 p.m. Please specify a time
- [Protect Your Assets:  Medical Care & Long-Term Planning - Fall 2014 - Eau Claire, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-care-long-term-planning-fall-2014-eau-claire-wi/) - Medical Assistance & Long-Term Care Planning The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is offered at no charge. It is offered at both 10:30 a.m. and 5:30 p.m. Please specify a time
- [Protect Your Assets - Medical Assistance & Long-term Care Planning Fall 2017 - Wausau, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-assistance-long-term-care-planning-fall-2017-wausau-wi/) - The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is presented at no charge - refreshments are included. It is offered at both 9:00 a.m. and 5:30 p.m. Please specify a time when registering.
- [Protect Your Assets - Medical Assistance & Long-term Care Planning Fall 2017 - Eau Claire, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-assistance-long-term-care-planning-fall-2017-eau-claire-wi/) - The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is presented at no charge - refreshments are included. It is offered at both 9:00 a.m. and 5:30 p.m. Please specify a time when registering.
- [Protect Your Assets - Medical Assistance & Long-term Care Planning - Eau Claire, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-assistance-long-term-care-planning-eau-claire-wi/) - The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is presented at no charge - refreshments are included. It is offered at both 9:00 a.m. and 5:30 p.m. Please specify a time when registering.
- [Protect Your Assets - Medical Assistance & Long-term Care Planning - Wausau, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-assistance-long-term-care-planning-wausau-wi/) - The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is presented at no charge - refreshments are included. It is offered at both 9:00 a.m. and 5:30 p.m. Please specify a time when registering.
- [Protect Your Assets - Medical Assistance & Long-Term Care Planning - Marshfield, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-assistance-long-term-care-planning-marshfield-wi/) - The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is presented at no charge - refreshments are included. It is offered at both 9:00 a.m. and 5:30 p.m. Please specify a time when registering.
- [2019 CWSHRM Spring Conference](https://www.ruderware.com/seminars/2019-cwshrm-spring-conference/) - Central Wisconsin Society for Human Resource Management 2019 Spring Conference Agenda: Keynote Presentation: Workplace Trends-Survival Tactics for the Next Decade, Margaret Morford, CEO for The HR Edge, Inc., an international management consulting and training company Morning Legal Workshop: Employment Law NoNos - A Top 10 List, Ruder Ware Attorney Sara Ackermann Afternoon Legal Workshop: Responding
- [Protect Your Assets:  Medical Care & Long-Term Planning - Fall 2015 - Wausau, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-care-long-term-planning-fall-2015-wausau-wi/) - Medical Assistance & Long-Term Care Planning The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is offered at no charge. It is offered at both 10:30 a.m. and 5:30 p.m. Please specify a time
- [Protect Your Assets:  Medical Care & Long-Term Planning - Fall 2015 - Eau Claire, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-care-long-term-planning-fall-2015-eau-claire-wi/) - Medical Assistance & Long-Term Care Planning The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is offered at no charge. It is offered at both 10:30 a.m. and 5:30 p.m. Please specify a time
- [Protect Your Assets - Medical Assistance & Long-term Care Planning Fall 2016 - Wausau, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-assistance-long-term-care-planning-fall-2016-wausau-wi/) - The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is offered at no charge. It is offered at both 10:30 a.m. and 5:30 p.m. Please specify a time when registering.
- [Protect Your Assets - Medical Assistance & Long-Term Care Planning - Eau Claire, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-assistance-long-term-care-planning-eau-claire-wi-2/) - The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets You Should Attend if You are single or married You want straight talk on how the rules work in Wisconsin You want to learn about tried and
- [Annual Employment, Benefits, & Labor Relations Law Conference - 2014](https://www.ruderware.com/seminars/annual-employment-benefits-labor-relations-law-conference-2014/) - Registration: 7:30 a.m. Welcome and Introductions: 8:00 a.m. 8:05 a.m. - 9:20 a.m. Affordable Care Act New Reporting Requirements and Update Attorney Mary Ellen Schill If it s Fall that means it s time for an Affordable Care Act update. We re one step closer to the pay or play mandate being effective. And, the
- [Annual Employment, Benefits & Labor Relations Law Conference - 2013](https://www.ruderware.com/seminars/annual-employment-benefits-labor-relations-law-conference-2013/) - Date November 7, 2013 8:00 a.m. - 1:00 p.m. Westwood Conference Center Seminar Sponsor Ruder Ware, L.L.S.C. Seminar Topics Impact of U.S. v. Windsor and IRS Recognition of Same Sex Marriages on Wisconsin Employers Benefits, Perquisites, Perks, Gifts and Rewards - The IRS Doesn't Care What You Call It What is Attorney-Client Privilege and Why
- [Local Government Seminar - Fall 2010](https://www.ruderware.com/seminars/local-government-seminar-fall-2010/) - Seminar Sponsors Ruder Ware Seminar Topic Fraud and the Local Government Topic Description You can hardly read a newspaper these days without coming across an article on a fraud that has been committed. Most organizations, including local governments, are of the opinion that, this can t happen to us. This session will focus on real
- [Hot Topics in Agricultural Law:  Succession Planning](https://www.ruderware.com/seminars/hot-topics-in-agricultural-law-succession-planning/) - Succession planning is a topic that has been gaining significant interest amongst ag producers. This seminar will cover the topic from a few different perspectives and will address what this means for you and your farming operations. Attendees will have an opportunity to discuss succession planning, and questions related to it, with Ruder Ware attorneys
- [Annual CWSHRM Human Resources & Labor Law Conference - 2014](https://www.ruderware.com/seminars/annual-cwshrm-human-resources-labor-law-conference-2014/) - Overcoming Overload, guest speaker, Ann Kerian Sex, Lies, and Facebook: An Employee's Right to Privacy in the Workplace, Ruder Ware Attorney Sara Ackermann and Kevin Terry April 2014 Update on the Affordable Care Act - We're Getting Closer!, Ruder Ware Attorney Mary Ellen Schill The 10 Biggest Communication Mistakes and How to Avoid Them, guest
- [Farm Succession and Estate Planning Seminar](https://www.ruderware.com/seminars/farm-succession-and-estate-planning-seminar/) - What Information Do I Need to Do a Farm Transfer Plan? Guest Speaker: Maria Bendixen, Chippewa Valley Technical College Instructor Successful Succession Planning Starts With Communication Ruder Ware Ag Consultant Mike Wildeck The Time is Right for a Succession Plan Linda Danielson, Ruder Ware Business and Estate Planning Attorney Medical Assistance Planning for
- [Annual CWSHRM Human Resources & Labor Law Conference - 2017](https://www.ruderware.com/seminars/annual-cwshrm-human-resources-labor-law-conference-2017/) - Presented by Central Wisconsin Society for Human Resource Management and Ruder Ware Keynote Presentations: Andy Masters, CSP, M.A. Hr Leadership Lessons from H-O-L-L-Y-W-O-O-D Strategic leadership in the New Economy Morning Legal Workshop: Everything You Need to Know About Non-Compete, Non-Solicitation, Confidentiality, and Trade Secret Agreements Sara Ackermann, Ruder Ware Attorney Afternoon Legal Workshop: Accommodation, Accommodation,
- [Protect Your Assets - Medical Assistance & Long-term Care Planning Fall 2016 - Eau Claire, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-assistance-long-term-care-planning-fall-2016-eau-claire-wi/) - The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is presented at no charge - refreshments are included. It is offered at both 10:30 a.m. and 5:30 p.m. Please specify a time when registering.
- [Protect Your Assets - Medical Assistance & Long-term Care Planning Spring 2017 - Wausau, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-assistance-long-term-care-planning-spring-2017-wausau-wi/) - The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is presented at no charge - refreshments are included. It is offered at both 10:30 a.m. and 5:30 p.m. Please specify a time when registering.
- [Protect Your Assets - Medical Assistance & Long-term Care Planning Spring 2017 - Eau Claire, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-assistance-long-term-care-planning-spring-2017-eau-claire-wi/) - The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets This seminar is presented at no charge - refreshments are included. It is offered at both 9:00 a.m. and 5:30 p.m. Please specify a time when registering.
- [Protect Your Assets - Medical Assistance & Long-Term Care Planning - Wausau, WI](https://www.ruderware.com/seminars/protect-your-assets-medical-assistance-long-term-care-planning-wausau-wi-2/) - The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets You Should Attend if You are single or married You want straight talk on how the rules work in Wisconsin You want to learn about tried and true techniques to
- [Protect Your Assets - Medicaid and Nursing Home Planning - Marshfield, WI](https://www.ruderware.com/seminars/protect-your-assets-medicaid-and-nursing-home-planning-marshfield-wi/) - This seminar is offered at both 9:00 a.m. and 5:30 p.m. - registration details below. What You'll Learn The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets You Should Attend if You are single or married
- [Annual Employment, Benefits & Labor Relations Law Conference - 2012](https://www.ruderware.com/seminars/annual-employment-benefits-labor-relations-law-conference-2012/) - Seminar Sponsor Ruder Ware, L.L.S.C. Seminar Topics Pay, Play, Or Delay: Status of Health Care Reform Legislation Regardless of the results of the November elections, the United States Supreme Court's ruling upholding the Affordable Care Act (Health Care Reform) is still the law of the land. And employers have plenty to do during the remainder
- [Annual CWSHRM Human Resources & Labor Law Conference - 2016](https://www.ruderware.com/seminars/annual-cwshrm-human-resources-labor-law-conference-2016/) - Keynote Presentation: “Reality-Based Leadership” – Ditch the Drama and Turn Excuses into Results. Learn to recreate mindsets and change an organization’s culture in order to lead in a bold new way. • Nicole Price is VP of Training for Cy Wakeman, Inc. Since joining Cy Wakeman she has helped spread the Reality-Based message all over
- [Annual Employment, Benefits & Labor Relations Law Conference - 2010](https://www.ruderware.com/seminars/annual-employment-benefits-labor-relations-law-conference-2010/) - Seminar Topic Health Care Reform - Coverage of Adult Children, Small Employer Tax Credits, and Early Retiree Reinsurance Program Topic Description The Patient Protection and Affordable Care Act along with the Health Care and Education Reconciliation Act (Health Care Reform) has a significant impact on all employers, both private and public sectors. This session will
- [Annual Employment, Benefits & Labor Law Relations Conference - 2009](https://www.ruderware.com/seminars/annual-employment-benefits-labor-law-relations-conference-2009/) - Seminar Topic Case Law Legislative Update Seminar Description Update on recent and pending state and federal court cases and legislation affecting employers. Seminar Topic Identifying and Minimizing Liabilities of Employee Social Networking Topic Description Social networking is here and likely here to stay. Learn how forums and listservs like Facebook(R), Twitter(R), and LinkedIn(R) can
- [Annual Employment, Benefits & Labor Relations Law Conference - Fall 2016](https://www.ruderware.com/seminars/annual-employment-benefits-labor-relations-law-conference-fall-2016/) - 8:00 a.m - Noon Proposed DOL Overtime Rule Update: Is This Really Happening? Attorney Sara Ackermann Sara will give a brief summary of the Rule and provide an update regarding whether any pending legislation/litigation has affected the “go” date of December 1, 2016. ACA and Wellness Program Update Attorney Mary Ellen Schill Mary Ellen will
- [Annual CWSHRM Human Resources & Labor Law Conference - 2018](https://www.ruderware.com/seminars/annual-cwshrm-human-resources-labor-law-conference-2018/) - Presented by Central Wisconsin Society for Human Resource Management and Ruder Ware - HRCI and SHRM credit approved 6.5 total credits (4 Business Credits). Keynote Presentations: Marsha Petrie Sue, MBA. CEO OF YOU: Leading Change Through Emotional Intelligence Using emotional intelligence (EI) as the basis of successful leadership can be masterfully implemented by any professional.
- [Annual Human Resources & Labor Law Conference - 2010](https://www.ruderware.com/seminars/annual-human-resources-labor-law-conference-2010/) - Seminar Sponsors Central Wisconsin Society for Human Resource Management and Ruder Ware Topic Description Positive Leadership Modeling Position your leaders for success with this interactive program that gives them the tools to move past organizational barriers and connect with team members in a real, powerful way. Journey with Chip as he humorously relays how to
- [Annual Employment, Benefits & Labor Relations Law Conference - Fall 2017](https://www.ruderware.com/seminars/annual-employment-benefits-labor-relations-law-conference-fall-2017/) - Registration: 7:30 a.m. Welcome and Introductions: 8:00 a.m. 8:05 a.m. - 9:30 a.m. Ageism in the Workplace Attorneys Sara Ackermann and Kevin Terry Kevin and Sara will lead a discussion of legal issues surrounding the aging workforce. Topics will include discrimination, harassment, severance agreements, Medicare secondary payor, diminished capacity, and disability issues. Break: 9:30 a.m.
- [Annual CWSHRM Human Resources & Labor Law Conference - 2012](https://www.ruderware.com/seminars/annual-cwshrm-human-resources-labor-law-conference-2012/) - Seminar Sponsors Ruder Ware and Central Wisconsin Society for Human Resource Management Seminar Topics The New Normal - Secret HR Strategies to Thrive in a Strange Economy Do You Know it When You See it? Do's and Don'ts for Conducting Effective Harassment Investigations Age Discrimination - Minimizing Risk of Claims The Last Business Frontier Presenters
- [Independent Hearing Officer Training Program - 3/17/17](https://www.ruderware.com/seminars/independent-hearing-officer-training-program-3-17-17/) - This program will provide training to human resource professionals and others who are interested in serving as an Independent Hearing Officer under the Grievance Procedure Policy that has been adopted by local governments throughout the State of Wisconsin. The presenters will present background information regarding the hearing process and the steps to be taken by
- [Eau Claire Employment, Benefits & Labor Relations Law Conference - 2016](https://www.ruderware.com/seminars/eau-claire-employment-benefits-labor-relations-law-conference-2016/) - Registration: 7:30 a.m. Welcome and Introductions: 8:00 a.m. 8:15 a.m. - 9:15 a.m. Never a Dull Moment in the Employee Benefits World! Attorney Mary Ellen Schill Update on ACA, impact of Supreme Court same sex marriage decision on benefit plans, and whatever else is keeping us up at night. Break: 9:15 a.m. - 9:30 a.m.
- [Farm Transition Planning Workshop](https://www.ruderware.com/seminars/farm-transition-planning-workshop/) - Event Details: 10:00 - 10:15 a.m. Registration 10:15 - 10:30 a.m. Introductions 10:30 - 11:15 a.m. The Clean Water Rule: Definition of the "Waters of the United States" - Attorney Russ Wilson, Ruder Ware 11:15 a.m. - noon Wetlands as Related to Farming and Land Improvements - Gary Starzinski, President, Star Environmental 12:30 - 1:30
- [Protect Your Assets - Medicaid and Nursing Home Planning - Green Bay, WI](https://www.ruderware.com/seminars/protect-your-assets-medicaid-and-nursing-home-planning-green-bay-wi/) - This seminar is offered at both 9:00 a.m. and 5:30 p.m. - registration details below. Questions that will be addressed Can I protect my house from a nursing home lien? Who is eligible for Medicaid/medical assistance? Is it too late to start planning? Will a trust protect my assets? Can I get help to pay
- [Annual Employment & Benefits Law Conference: November 7, 2019](https://www.ruderware.com/seminars/annual-employment-benefits-law-conference-november-7-2019/) - Welcome and Introductions 8:05 a.m. FMLA vs. ADA, Accommodation, Leave, and More Leave 8:15 a.m. - 9:15 a.m. Attorney Sara Ackermann Sara will provide tips and traps in maneuvering between FMLA-mandated leave and accommodation under the ADA. She will cover recent developments in these areas including intermittent leave under ADA and accommodation challenges, including but not
- [Protect Your Assets - Medicaid and Nursing Home Planning - Eau Claire, WI](https://www.ruderware.com/seminars/protect-your-assets-medicaid-and-nursing-home-planning-eau-claire-wi-2/) - This seminar is offered at both 9:00 a.m. and 5:30 p.m. - registration details below. Questions that will be addressed Can I protect my house from a nursing home lien? Who is eligible for Medicaid/medical assistance? Is it too late to start planning? Will a trust protect my assets? Can I get help to pay
- [Protect Your Assets - Medicaid and Nursing Home Planning - Eau Claire, WI](https://www.ruderware.com/seminars/protect-your-assets-medicaid-and-nursing-home-planning-eau-claire-wi/) - This seminar is offered at both 9:00 a.m. and 5:30 p.m. - registration details below. What You'll Learn The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets You Should Attend if You are single or married
- [Protect Your Assets - Medicaid and Nursing Home Planning](https://www.ruderware.com/seminars/protect-your-assets-medicaid-and-nursing-home-planning/) - This seminar is offered at both 9:00 a.m. and 5:30 p.m. - registration details below. What You'll Learn The Need for Planning Who Is Eligible for Medical Assistance Planning? Protection of the House and Vacation Home Permitted Transfers of Assets Using Trusts to Protect Your Assets You Should Attend if You are single or married
- [Annual Employment & Benefits Law Conference](https://www.ruderware.com/seminars/annual-employment-benefits-law-conference/) - Employment Agreements-Tips and Traps When to consider using employment agreements Discussion of restrictive covenants and recent changes in the law Deferred compensation and severance provisions Employment Litigation-Are You Prepared? Litigation holds and how to implement The nightmare that is electronic discovery Challenges of mobile devices and evidence retention Is Mary Jane Joining Your Workplace?
- [Farm Bankruptcy and Foreclosures](https://www.ruderware.com/seminars/farm-bankruptcy-and-foreclosures/) - Chapter 12 Overview Chapter 12 Schedules• What is in the Schedules• What is not in the Schedules Collateral and Other Chapter 12 Issues• Perfection• Priority• Contracts/Leases• Tax Treatment and more Before They File Bankruptcy or You Foreclose• File Review: Are there problems with loan documentation? Can we fix them? Workouts/Forbearance Foreclosure Overview/Timeline Chapter 12 Plan
- [School Law Seminar - Fall 2017](https://www.ruderware.com/seminars/school-law-seminar-fall-2017/) - SCHOOL LAW ISSUES 4:00 - 5:30 p.m. Dean Dietrich, Bob Reinertson, Mary Ellen Schill, and Kevin Terry will discuss: Budget bill implications ACA Update Appleton School District Open Meetings Law decision Fair Dealership Law decision Permissibility of videos from school setting for student discipline Transgender treatment update. DINNER AND NETWORKING 5:30 - 6:00 p.m. PANEL DISCUSSION 6:00 -
- [Local Government Seminar - Fall 2016](https://www.ruderware.com/seminars/local-government-seminar-fall-2016/) - PRESENTATIONS 4:00 - 5:00 p.m. • Health Care Requirements Mary Ellen Schill • Open Meetings and Public Records Law Update Kevin Terry • Local Government Officials Code of Ethics Update Bob Reinertson • ADA and Reasonable Accommodation in the Public Sector Dean Dietrich DINNER AND NETWORKING 5:15 - 6:00 p.m.
- [School Law Seminar - Fall 2016](https://www.ruderware.com/seminars/school-law-seminar-fall-2016/) - SCHOOL LAW ISSUES 4:30 - 5:30 p.m.Dean R. Dietrich, Kevin J.T. Terry, Mary Ellen Schill,and Bob Reinertson will discuss: Student conduct issues including dealing with transgender students and social media activity of students. Wisconsin Open Meetings Law including the recent decision regarding special committee and obligations under the Open Meetings Law. Wisconsin Public Records Law
- [How Do the New Overtime Rules Affect Your Business?](https://www.ruderware.com/seminars/how-do-the-new-overtime-rules-affect-your-business/) - This week, the Department of Labor (DOL) announced its long-awaited rule expanding overtime protection for employees. This means a number of employees will be eligible for overtime pay instead of being considered exempt from federal wage and hour laws. The rule will go into effect December 1, 2016. We've fielded a number of calls from
- [Local Government Seminar - Spring 2016](https://www.ruderware.com/seminars/local-government-seminar-spring-2016/) - 4:00 – 5:15 p.m. Recent Legislative Changes Impacting Local Governments. The Legislature has passed approximately 275 bills over the last 18 months. This presentation will address the most important legislative changes that impact local governments from workers compensation law changes to tax increment financing changes. Ruder Ware attorneys will comment regarding the impact of these
- [A "How To" on Employee Management](https://www.ruderware.com/seminars/a-how-to-on-employee-management/) - Agenda 9:45 a.m. Registration (coffee available) 10:15 a.m. Welcome and Introductions by Sponsors 10:30 a.m. Practical Procedures for Addressing Employment Issues, Attorneys Kevin Terry and Dean Dietrich, Ruder Ware 12:00 Lunch 12:30 p.m. Worker's Compensation Basics for the Farm, Attorney Russ Wilson, Ruder Ware1:00 p.m. Panel 1:00 Panel Discussion, Attorneys Kevin Terry, Dean Dietrich, and
- [School Law Seminar](https://www.ruderware.com/seminars/school-law-seminar/) - Ruder Ware is presenting a School Law seminar on December 3, 2015 at the Holiday Inn Hotel & Suites in Rothschild, Wisconsin (click here for information and directions). The seminar is designed to give detailed information to school administrators, human resources personnel, and finance executives. We hope you will take the time to attend this event. Agenda 4:00 - 4:45 p.m.
- [Local Government Seminar - Fall 2015](https://www.ruderware.com/seminars/local-government-seminar-fall-2015/) - Agenda 4:00 - 4:30 p.m. Update regarding Affordable Care Act Reporting Requirements for Local Governments This presentation will discuss the reporting requirements contained within the Affordable Care Act and identify actions that should be taken by local governments to ensure compliance with the Act. This presentation will also give an update regarding the implementation of
- [Special Local Government Seminar](https://www.ruderware.com/seminars/special-local-government-seminar/) - This Special Local Government Seminar will focus on the following topics: Local Government Issues under the Affordable Care Act. This presentation will focus on local government issues that arise under the Affordable Care Act such as whether to count volunteer firefighters/EMTs as employees of the municipality and how to count salaried employees that work less
- [Annual CWSHRM Human Resources & Labor Law Conference - 2014](https://www.ruderware.com/seminars/annual-cwshrm-human-resources-labor-law-conference-2014-2/) - Impact of U.S. v. Windsor and IRS Recognition of Same Sex Marriages on Wisconsin Employers.Attorney Mary Ellen Schill Wisconsin does not recognize (and in fact criminalizes) same sex marriage. The United States Supreme Court in U.S. v. Windsor held that a portion of the federal Defense of Marriage Act was unconstitutional, but left stand the
- [Local Government Seminar - Spring 2012](https://www.ruderware.com/seminars/local-government-seminar-spring-2012/) - Presentation on Federal Financing Programs Brian Deaner, Community Programs Director with USDA Rural Development, and Steve Lipowski, Ruder Ware attorney Managing Municipal Employees in a Nonunion Environment Jeannie Worden, Vice President of Human Resources for Northcentral Technical College Frank Matel, Marathon County Human Resources Director Employment Policies That May Put You at Risk of Violating
- [Empowering Families With Special Needs Children](https://www.ruderware.com/seminars/empowering-families-with-special-needs-children/) - Seminar Topic Preparing for the Future: Special Needs Trusts Topic Description When you love someone who has special needs, planning for that person's future can be an overwhelming task. This presentation is designed to inform and educate families with special needs children on the proper planning to provide for the future of the special needs
- [Annual CWSHRM Human Resources & Labor Law Conference - 2015](https://www.ruderware.com/seminars/annual-cwshrm-human-resources-labor-law-conference-2015/) - Seminar Topic Noncompete Agreements: Are They Ever Enforceable in Wisconsin? Topic Description Noncompetes are never enforceable in Wisconsin -or are they? Can your company be sued if you hire an employee with a noncompete agreement? Should you sue a former employee who breached your company's noncompete agreement? During this session, we will answer these questions
- [Powers & Authority of Local Elected Officials](https://www.ruderware.com/seminars/powers-authority-of-local-elected-officials/) - Seminar Topic Powers & Authority of Local Elected Officials Topic Description It is imperative that each elected official have a solid understanding of their duties and responsibilities, as well as limits on their authority. This presentation will cover expectations faced by each elected official and provide a clear outline of where the boundaries of responsibility
- [Local Government Seminar - Special Briefing](https://www.ruderware.com/seminars/local-government-seminar-special-briefing/) - Seminar Topic Lessons from the Trenches on Negotiating and Designing Employment and Severance Agreements Topic Description Up until now, you have been able to ovoid the "new deferred compensation plan rules," and "409A." But now your peaceful co-existence with the Internal Revenue Code is coming to an end. Find out how even the simplest of
- [Business Law Conference](https://www.ruderware.com/seminars/business-law-conference/) - Seminar Topic Early Dispute Resolution: Don't Make a Federal Case Out of It Topic Description So, you think you are so right you don't need to negotiate? Think again. Do you know how trials work? How much trials cost? How long they take? Are you prepared to respond to discovery and provide witnesses for depositions?
- [Annual Employment, Benefits, & Labor Relations Law Conference - 2008](https://www.ruderware.com/seminars/annual-employment-benefits-labor-relations-law-conference-2008/) - Seminar Topic Tips to Avoid Retaliation and Whistleblower Litigation Topic Description Retaliation claims are the fastest growing area of employment law litigation. It is becoming increasingly difficult to manage the workplace with the possibility of a retaliation claim lingering around every corner. This session is designed to help you and your business avoid these claims
- [FMLA Workshop](https://www.ruderware.com/seminars/fmla-workshop/) - Seminar Topic The New FMLA Regulations: Are You Ready? Topic Description The revised federal FMLA regulations have been issued and are effective January 16, 2009. This presentation will review the most substantial revisions, their impact on employees, and the Department of Labor s new forms. Also reviewed will be the operating changes you will need
- [Annual CWSHRM Human Resources & Labor Law Conference - 2009](https://www.ruderware.com/seminars/annual-cwshrm-human-resources-labor-law-conference-2009/) - Seminar Topic Mock Trail Disability Topic Description Have you ever wondered what happens at a disability trial? With this presentation you will get a look at how the law process unfolds. Wisconsin Administrative Law Judge Jakobowski will judge the mock discrimination hearing, issue a decision, discuss procedures, and answer questions regarding substantive and procedural issues
- [Preparing for the Future](https://www.ruderware.com/seminars/preparing-for-the-future/) - Seminar Topic The Importance of Estate Planning Topic Description How to avoid probate How to plan for your retirement assets in your estate plan How to avoid guardianship How to reduce and/or eliminate taxes Date October 28 and October 20, 2009 Seminar Topic Protect Your Assets Topic Description The Need For Planning Who is Eligible
- [FMLA:  Information for a Healthy Organization](https://www.ruderware.com/seminars/fmla-information-for-a-healthy-organization/) - Seminar Sponsor Ruder Ware Topic Description Basic (Refresher) FMLA Track What was covered: Review of the basic Wisconsin and Federal FMLA provisions. Clarification of the employee eligibility and leave provisions. When can paid leave be used by an employee while on FMLA leave? What type of leave? Explanation of the federal military FMLA leave entitlements.
- [Saving the Family Cabin/Preserving Family Land](https://www.ruderware.com/seminars/saving-the-family-cabin-preserving-family-land/) - Seminar Sponsors Ruder Ware and Northwoods Land Trust Topic Description Saving the Family Cabin A family cabin is a source of pleasure, family bonding, and rest and relaxation for many families. Many cabins have been enjoyed by families for several generations. In this presentation, you will learn about the legal arrangements that can be created
- [Wisconsin Self-Storage Facilities:  Protect Your Legal Interests](https://www.ruderware.com/seminars/wisconsin-self-storage-facilities-protect-your-legal-interests/) - Seminar Sponsors Ruder Ware and Walters Buildings Topic Description Wisconsin Self-Storage Facilities: Protect Your Legal Interests This presentation is designed specifically for operators of self-service storage unit facilities. Attorneys Joe Mirr and Derek Prestin will explore what s included in the sections of the Wisconsin Statutes that apply to self-service storage facilities and address issues
- [Social Media Conference](https://www.ruderware.com/seminars/social-media-conference/) - Seminar Sponsors Ruder Ware and Eau Claire Chamber of Commerce Seminar Topic Identifying and Minimizing Liabilities of Employee Social Networking Topic Description Social networking is here, and likely here to stay. Learn how forums and listservs like Facebook(R), Twitter , and LinkedIn(R) can be a liability risk for businesses. Attorneys Dean Dietrich and Sara Ackermann
- [Understanding the New Federal Health Care Laws](https://www.ruderware.com/seminars/understanding-the-new-federal-health-care-laws/) - Seminar Sponsors WMC, Ruder Ware, Marshfield Area Chamber of Commerce & Industry, Heart of Wisconsin Business Alliance, Portage County Business Council, Wausau Area Chamber of Commerce Seminar Topic What Employers and Consultants Need to Know and Do Topic Description Short High-Level Overview of the New Health Care Laws: A brief reminder of the "big picture"
- [Special Briefing - Budget Repair Bill](https://www.ruderware.com/seminars/special-briefing-budget-repair-bill/) - Seminar Sponsors Ruder Ware Seminar Topic Budget Repair Bill Proposes Significant Changes To Municipal Collective Bargaining Laws Topic Description Specific Items in Legislative Proposal Retirement Contributions Interest Arbitration Changes Duty to Bargain over Wages Health Insurance Premium Contributions Civil Service/Grievance Process Teacher Layoff/Nonrenewal What does the future look like? Re-writing Personnel Policies Grievance Process Non-grandfather
- [WACTAL 2011 Spring Conference Restore Your Business](https://www.ruderware.com/seminars/wactal-2011-spring-conference-restore-your-business/) - Seminar Sponsor: Wisconsin Auto Collision Technicians Topic: Business Succession Planning, Estate Planning & Asset Protection Planning
- [Issues and Trends Impacting School Districts](https://www.ruderware.com/seminars/issues-and-trends-impacting-school-districts/) - Seminar Sponsors CWASM and Ruder Ware Seminar Topics Collective Bargaining - Issues and Trends Impacting School Districts Recent Developments Under Wisconsin's Fair Employment Act - How to Cope With the Expansion of Rights Given Up Student Expulsions: Tips and Alternatives
- [Annual CWSHRM Human Resources & Labor Law Conference - 2011](https://www.ruderware.com/seminars/annual-cwshrm-human-resources-labor-law-conference-2011/) - Seminar Sponsors Ruder Ware and Central Wisconsin Society for Human Resource Management Seminar Topics Once Upon a Time - Using Story Telling to Build Core Values, Communicate Ethics & Inspire Passion and Teamwork! Bullying in the Workplace: Steps to Prevent and Eliminate! Hiring and Firing: A Top Ten List of Do's and Don'ts! FMLA: What
- [Health Care and Local Government](https://www.ruderware.com/seminars/health-care-and-local-government/) - Seminar Topics Update on Challenges to Wisconsin Act 10Attorneys commented on current issues surrounding the Dane County Circuit Court decision. Health Care Reform: What are the Next Steps for Local Government?This program will discuss the next steps for local government units now that the Supreme Court has upheld the legality of the Patient Protection and
- [Local Government Seminar - Spring 2013](https://www.ruderware.com/seminars/local-government-seminar-spring-2013/) - Seminar Sponsor Ruder Ware, L.L.S.C. Seminar Topics Wisconsin Act 10: Where Are We and Where Are We Going (and When)? Local governments are anxiously awaiting the decision of the Wisconsin Court of Appeals on the constitutionality of Wisconsin Act 10. This presentation will give an update regarding the status of the litigation and discuss the
- [Local Government Seminar - Fall 2013](https://www.ruderware.com/seminars/local-government-seminar-fall-2013/) - Seminar Topics Update on Health Care Reform: Are You Going to Pay or Play? Local governments are anxiously awaiting further clarification of the feasibility of using health insurance exchanges (including the Small Business Health Option Program or SHOP ) in 2014. Some municipal employers are still unsure whether they are subject to the (now delayed)
- [Annual Employment, Benefits & Labor Relations Law Conference - 2011](https://www.ruderware.com/seminars/annual-employment-benefits-labor-relations-law-conference-2011/) - Seminar Sponsor Ruder Ware Seminar Topic Employment Law Cases and NLRB Cases of Interest Topic Description The past year has been an exciting year for employment law developments. From changes to the Americans with Disabilities Act to new requirements for advertising employee rights under the National Labor Relations Act, this presentation will give an update
- [Special Briefing - What's Next Under the New Public Sector Bargaining Law?](https://www.ruderware.com/seminars/special-briefing-whats-next-under-the-new-public-sector-bargaining-law/) - Seminar Sponsor Ruder Ware Seminar Topic Wisconsin Acts 10 and 32, Budget Repair Bill and Budget Bill Topic Description Some of the questions to be addressed were: When do we start deducting the employee-required contribution to the Wisconsin Retirement System? What is meant by workplace safety grievances under the newly required Grievance Process? What do
- [Legal Update Workshop](https://www.ruderware.com/seminars/legal-update-workshop/) - Seminar Topic Noncompete Agreements: Are They Ever Enforceable in Wisconsin? Topic Description Noncompetes are never enforceable in Wisconsin, or are they? Can your company be sued if you hire an employee with a noncompete agreement? Should you sue a former employee who has breached your company's noncompete agreement? During this session, Attorneys Sara Ackermann and

## Carousel Custom Content

- [Ruder Ware Cares Kits Prepare Kids for Summer](https://www.ruderware.com/carousel_custom_cont/ruder-ware-cares-kits-prepare-kids-for-summer/) - This year's summer preparedness kits brought a library theme to life for children in pre-K through second grade. Employees came together to assemble more than 600 kits, which were distributed across our four communities through the efforts of our local United Way partners. Learn more about Ruder Ware Cares.
- [Congratulations Woodchucks!](https://www.ruderware.com/carousel_custom_cont/congratulations-woodchucks/) - We're pleased to announce the Wisconsin Woodchucks are the 2021 winner of the Ruder Ware Innovator Award in Memory of G. Lane Ware.
- [Attorney Jordan Sundell Joins Ruder Ware](https://www.ruderware.com/carousel_custom_cont/attorney-jordan-sundell-joins-ruder-ware/) - For nearly a decade, Jordan served as in-house counsel to lending and real estate companies headquartered on the island of Saipan in the Northern Mariana Islands.
- [Attorney Kelly Wilfert Joins Ruder Ware](https://www.ruderware.com/carousel_custom_cont/attorney-kelly-wilfert-joins-ruder-ware/) - Growing up on a fifth-generation family farm and learning the innerworkings of a small business, Kelly looks forward to developing her ag practice working with producers on commercial contracts, business entity selection and formation, and farm succession planning.
- [Attorney Anne Flinchum Joins Ruder Ware](https://www.ruderware.com/carousel_custom_cont/attorney-anne-flinchum-joins-ruder-ware/) - A natural at making connections with people, Anne’s quest for knowledge, drive to understand situational dynamics, love of competition, and commitment to defending what is right drives her as a litigator.
- [Attorney Eric R. Johnson Joins Ruder Ware](https://www.ruderware.com/carousel_custom_cont/attorney-eric-r-johnson-joins-ruder-ware/) - Eric’s relatively low-key, calm demeanor tends to counterbalance the high-stakes, high-stress nature of litigation.
- [Attorney Ruth M. Ross Joins Ruder Ware](https://www.ruderware.com/carousel_custom_cont/attorney-ruth-m-ross-joins-ruder-ware/) - While working at a local bank in Edgar, Ruth saw firsthand how clients who’d just lost their spouse struggled with settling an estate when no pre-planning had been done.
- [Attorney Mykayla A. Dado Joins Ruder Ware](https://www.ruderware.com/carousel_custom_cont/attorney-mykayla-a-dado-joins-ruder-ware/) - Growing up on a seventh-generation dairy farm, Mykayla knows firsthand the hard work and long hours that go into running a family or closely held business.
- [A Message from Stew Etten Regarding COVID-19](https://www.ruderware.com/carousel_custom_cont/a-message-from-stew-etten-regarding-covid-19/) - On May 26, 2020, our offices in Eau Claire, Green Bay, and Wausau reopened to the public. This means a return to the office environment under a new set of rules governing our office interactions. We will move forward in the near term always looking for ways to avoid the expansion of the coronavirus as
- [March Nonprofit Feature:  The Women’s Community](https://www.ruderware.com/carousel_custom_cont/march-nonprofit-feature-the-womens-community/) - The Women’s Community (TWC) is a non-profit organization serving victims of domestic abuse and sexual assault throughout Marathon County, Wisconsin. They serve victims of all races, religions, gender identities and sexual orientations including populations that may face additional cultural or societal pressures — Hmong, Hispanic, LGBTQ, the elderly, men, and those with hearing disabilities.
- [The Ruder Ware Brand, a Conversation Continues](https://www.ruderware.com/carousel_custom_cont/the-ruder-ware-brand-a-conversation-continues/) - https://vimeo.com/395497434 Retired Ruder Ware attorney, Tom Macken, finds it's the firm's commitment that defines the brand, "it's commitment to the people that work here, a commitment to our clients, and a commitment to our community. It's the meshing of those three commitments that makes Ruder what it is for me."
- [What Does the Ruder Ware Brand Mean?](https://www.ruderware.com/carousel_custom_cont/what-does-the-ruder-ware-brand-mean/) - https://vimeo.com/392747510 John Tubbs, Regional President at BMO Harris Bank, N.A. states, "the culture here is so strong that the reputation is just, 'oh, what a great company.'" Attorneys Kevin Wolf and Melissa Kampmann agree and share what they feel sets Ruder Ware apart.
- [In Memory of Professor David Ruder](https://www.ruderware.com/carousel_custom_cont/in-memory-of-professor-david-ruder/) - Our firm is deeply saddened by the passing of our friend, mentor, and advocate, Professor David S. Ruder. Professor Ruder was the son of our late founder, George L. Ruder.
- [The Community Table](https://www.ruderware.com/carousel_custom_cont/the-community-table/) - Ruder Ware’s February nonprofit feature for the $100K for 100 Years campaign is Eau Claire-based The Community Table.
- [Why an Established Green Bay Law Firm Wanted to Join Ruder Ware](https://www.ruderware.com/carousel_custom_cont/why-an-established-green-bay-law-firm-wanted-to-join-ruder-ware/) - Ron Metzler, an attorney in our Green Bay office, explains what prompted their established, 28-year-old law firm to join Ruder Ware in June 2018. "What was truly different about Ruder Ware is that it's a community-based law firm that really wants to serve its clients as best it can ... and it was already doing
- [G. Lane Ware and the Importance of the State Bar of Wisconsin](https://www.ruderware.com/carousel_custom_cont/g-lane-ware-and-the-importance-of-the-state-bar-of-wisconsin/) - Linda Ware, wife of our late visionary leader, G. Lane Ware, articulates why the State Bar has played an essential role in Ruder Ware's success. "The Wisconsin Bar and getting to know lawyers from other communities was a way of expanding the influence of Ruder Ware so that people in Madison and Milwaukee would know
- [Mary Jo Johnson on George Ruder](https://www.ruderware.com/carousel_custom_cont/watch-our-turning-100-video/) - Mary Jo Johnson, CEO of EO Johnson Business Technologies had occasion to read about Ruder Ware’s founder, George Ruder. She found these words kept rising to the top to describe him, honesty, integrity, hard-working, personally independent, yet community driven. “If you’re looking for a brand, I think it comes right from George Ruder.”

## Career Openings

- [Legal Assistant - Wausau Office](https://www.ruderware.com/career_openings/legal-assistant-wausau-office/) - About us: Ruder Ware L.L.S.C., a law firm founded in 1920, is a single source for valuable legal expertise. We assist businesses and individuals in maximizing and protecting their corporate and personal assets from locations in Eau Claire, Green Bay, Wausau, and Wisconsin Rapids. More than 45 attorneys serve our clients in a collaborative manner,

## 100K Recipients

- [Habitat for Humanity of Wausau](https://www.ruderware.com/100k_recipients/habitat-for-humanity-of-wausau/) - Community Giving - Ruder Ware gifts 10K to Habitat for Humanity of Wausau, WI to celebrate the law firm's 100 year anniversary
- [Children's Museum of Eau Claire](https://www.ruderware.com/100k_recipients/childrens-museum-of-eau-claire/) - Ruder Ware gifts 10K to The Children's Museum of Eau Claire, WI to celebrate the law firm's 100 year anniversary
- [The YMCA](https://www.ruderware.com/100k_recipients/the-ymca/) - Community Giving - Ruder Ware gifts 10K to The YMCA of Wausau, WI to celebrate the law firm's 100 year anniversary
- [The Women’s Community](https://www.ruderware.com/100k_recipients/the-womens-community/) - Community Giving - Ruder Ware gifts 10K to The Women's Community of Wausau, WI to celebrate the law firm's 100 year anniversary
- [The Community Table](https://www.ruderware.com/100k_recipients/the-community-table/) - Community Giving - Ruder Ware gifts 10K to The Community Table of Eau Claire, WI to celebrate the law firm's 100 year anniversary
- [Chippewa Valley Free Clinic](https://www.ruderware.com/100k_recipients/chippewa-valley-free-clinic/) - Community Giving - Ruder Ware gifts 10K to Chippewa Valley Free Clinic, Eau Claire, WI to celebrate the law firm's 100 year anniversary

## Video Posts

- [October 2023:  Three Issues of Interest In and Around the Capitol](https://www.ruderware.com/video_posts/october-2023-three-issues-of-interest-in-and-around-the-capitol/) - In Ruder Ware's Capitol Connection, we share news and analysis from Madison regarding workforce development, changes in tax and regulation, and other general topics.
- [How to Create a Valid Will-Ruder Ware's Estate Planning Team Recognizes National Estate Planning Awareness Week](https://www.ruderware.com/video_posts/ruder-wares-estate-planning-team-recognizes-national-estate-planning-awareness-week/) - Our Estate Planning Team felt the best way to honor National Estate Planning Awareness Week was to launch their video blog. The vlog will feature several members of the team speaking on estate planning-related topics important to our clients and friends. In the inaugural post, Attorney Shanna Yonke discusses how to create a valid will.
- [The Importance of Health Care Powers of Attorney](https://www.ruderware.com/video_posts/the-importance-of-health-care-powers-of-attorney/) - Our Estate Planning Team continues to honor National Estate Planning Awareness Week with their second vlog post. Attorney Kayla Murphy educates viewers on what a health care power of attorney is, what their responsibilities are, and why it's important you have this document drafted. Video Transcript: My name is Kayla Murphy and I’m an attorney on
- [Financial Powers of Attorney](https://www.ruderware.com/video_posts/financial-powers-of-attorney/) - Attorney Ashley Hawley closes out Ruder Ware's honoring of National Estate Planning Awareness Week with an informative post on financial powers of attorney. The concept of a financial power of attorney is that you draft a document naming an agent who can to step into your shoes to make financial decisions on your behalf. Video Transcript:
- [Estate Taxes: What You Need to Know](https://www.ruderware.com/video_posts/estate-taxes-what-you-need-to-know/) - Attorney Shanna Yonke attempts to simplify how the federal government's estate tax works in her latest vlog. Video Transcript: My name is Shanna Yonke, and I’m an attorney on Ruder Ware’s Estate Planning Team. My topic for today is the estate tax. Wisconsin does not impose an estate tax. Our state legislature repealed the estate
- [Guardianships: What are They? What is the Process?  Does it Apply to Me?](https://www.ruderware.com/video_posts/guardianships-what-are-they-what-is-the-process-does-it-apply-to-me/) - Attorney Ashley Hawley does her best to simplify the complicated guardianship process in her latest vlog. If you have questions regarding the estate tax, Ruder Ware's Estate Planning Team is here to help. Video Transcript: Hello, I'm Ashley Hawley. I am an attorney on Ruder Ware's Trusts & Estates team. My topic for you for today
- [Gun Ownership: Who Can I Transfer a Gun to in Wisconsin?](https://www.ruderware.com/video_posts/gun-ownership-who-can-i-transfer-a-gun-to-in-wisconsin/) - There are federal and state laws that may apply when transferring ownership of a gun. These laws apply when gifting or selling a gun during lifetime, or when transferring a gun after the death of the gun owner. Attorney Kayla Murphy answers the question of to whom a gun can be transferred under Wisconsin law in
- [Plan Ahead to Make Summer Memories at the Family Cabin Last Forever](https://www.ruderware.com/video_posts/plan-ahead-to-make-summer-memories-at-the-family-cabin-last-forever/) - Summertime is a special time of year in Wisconsin. It brings many families to cabins where they make memories and traditions that will last forever. So, how do you make sure that these memory-making summers last for generations? Attorney Shanna Yonke explain how you can plan for the long-term ownership and management of your cabin
- [What is Probate?](https://www.ruderware.com/video_posts/what-is-probate/) - Attorney Ashley Hawley walks viewers through what's involved in the probate process in her latest video. Video Transcript: Hi, I'm Ashley Hawley. I'm an attorney at Ruder Ware in the Trust & Estates Department. Let's talk probate. Probate is the core process of transferring assets out of a deceased individual's name and into the names
- [Gift Tax Basics](https://www.ruderware.com/video_posts/gift-tax-basics/) - As the holiday season approaches, Attorney Shanna Yonke shares insight regarding a topic at the top of client’s mind – what amount can be gifted without tax consequences? Video Transcript: My name is Shanna Yonke, and I’m an attorney on Ruder Ware’s Estate Planning Team. As the holiday season approaches, I will share basic information
- [Protecting Your Estate Plan from Challenges: No-Contest Clause Explained](https://www.ruderware.com/video_posts/protecting-your-estate-plan-from-challenges-no-contest-clause-explained/) - Attorney Ashley Hawley explores no-contest clauses - what they are, when they make sense, and when you should avoid them in her latest vlog. Video Transcript: People handle grief differently and sometimes how a person handles the death of a loved one can be both confusing and also extremely frustrating - fighting over little things
- [Nominations of Guardians for Minor Children](https://www.ruderware.com/video_posts/nominations-of-guardians-for-minor-children/) - With Mother’s Day around the corner, Attorney Ashley Hawley felt the timing would be a perfect opportunity to discuss nominations of guardians for minor children and a will. Her latest post walks viewers through the nomination process, the importance of successor options, and the importance of the temporary guardianship form found on the State Bar
- [What is the Difference Between a Will and a Trust?](https://www.ruderware.com/video_posts/what-is-the-difference-between-a-will-and-a-trust-and-which-is-right-for-me/) - Attorney Shanna Yonke addresses this question in her latest video post. Video Transcript: My name is Shanna Yonke and I'm an attorney on Ruder Ware's Estate Planning Team. One of the most common questions asked by our clients is what is the difference between a will and a trust and which is right for me?
- [Mixed Family Dynamics](https://www.ruderware.com/video_posts/mixed-family-dynamics/) - Estate Planning Attorney Ashley Hawley kicks off the conversation about Mixed Family Dynamics by talking about Wisconsin's default rule in her latest vlog. The concept of the default rule is the state of Wisconsin has a law purporting to know what an individual would want in the event they have a mixed family situation and
- [Capitol Connection, October 2024](https://www.ruderware.com/video_posts/capitol-connection-october-2024/) - This year has seen the enactment of new legislative boundaries statewide, different lawmaker retirements, as well as all of those perennial dates and deadlines that we need to remember relating to the election. But thankfully, election day is almost here. John Jacobson's latest Capitol Connection reminds voters of early voting dates and where to find
- [Capitol Connection, December 2023](https://www.ruderware.com/video_posts/december-2023-bipartisan-support/) - Director of Public Affairs John Jacobson comments in the December issue of the Capitol Connection, "while most of the news coming out of Madison tends to focus just on the negatives – the disagreements, debates, ideological stalemates – the holidays are about togetherness and we wanted to take a moment to remind you of a
- [September 2023 Capitol Connection](https://www.ruderware.com/video_posts/september-2023-capitol-connection/) - The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to Ruder Ware's Capitol Connection. Be on the lookout for regular, nonpartisan, news and analysis from Madison regarding workforce development, changes in tax and regulation, and other general topics that may impact you or your
- [Authorization for Final Disposition](https://www.ruderware.com/video_posts/authorization-for-final-disposition/) - Estate Planning Attorney Shanna Yonke explores Wisconsin’s default law regarding who gets to make decisions regarding the disposition of your body, funeral arrangements, and other matters that arise after your death. She urges viewers to utilize the authorization for final disposition as it takes precedence over default law and allows you to change your mind
- [Importance of Beneficiary Designations](https://www.ruderware.com/video_posts/importance-of-beneficiary-designations/) - Almost any type of asset you might have can have a beneficiary designation associated with it. Beneficiary designations supersede the designation in a will or trust and your failure to update them can lead to complications when distributing assets. Estate Planning Attorney Ashley Hawley shares why it’s important to pay attention to beneficiary designations and
- [What is a Self-proving Affidavit?](https://www.ruderware.com/video_posts/what-is-a-self-proving-affidavit/) - In her latest vlog, Estate Planning Attorney Shanna Yonke shares what a self-proving affidavit is and why having one makes it easier for your loved one after your death. Video Transcript: My name is Shanna Yonke and I'm an attorney on Ruder Ware's Estate Planning Team. To make a valid will in Wisconsin you
- [Medicaid Minute: Can I Pay My Daughter?](https://www.ruderware.com/video_posts/medicaid-minute-can-i-pay-my-daughter/) - My name is attorney Jessica Merkel and this is Ruder Ware's Medicaid Minute. This week, we're here to talk about paying relatives for their services in relation to Wisconsin's Medicaid rules. For instance, some of my clients will ask me if they can pay their daughter for providing care to them. Others will ask about
- [Ruder Ware's Elder Law Team Recognizes National Special Needs Law Month - Part 1](https://www.ruderware.com/video_posts/ruder-wares-elder-law-team-recognizes-national-special-needs-month/) - In recognition of October as National Special Needs Law Month, Elder Law Attorney Jessica Merkel presents this two part series addressing what special needs planning really is. Today, in Part One, Jessica focuses on the legal planning for an individual with special needs. Stay tuned for Part Two which will focus on legal planning steps
- [Medicaid Minute: Uncertain Times Lead to Leniency in Rules](https://www.ruderware.com/video_posts/medicaid-minute-uncertain-times-lead-to-leniency-in-rules/) - Wisconsin's Medicaid rules have been temporarily adjusted amidst the COVID-19 pandemic. In her video, Elder Law Attorney Jessica Merkel explains a few scenarios where Medicaid recipients will not lose their Medicaid benefits despite that under normal circumstances they would have. Video Transcript: My name is Attorney Jessica Merkel and this is Ruder Ware’s Medicaid Minute.
- [Medicaid Minute:  Did Medicaid Send You a Notice Saying Your Care Cost May Be Increasing?](https://www.ruderware.com/video_posts/medicaid-minute-did-medicaid-send-you-a-notice-saying-your-care-cost-may-be-increasing/) - In this month’s Medicaid Minute, Elder Law Attorney Jessica Merkel answers the question of what to do if you or a loved one received a notice from Medicaid stating your monthly cost of care may rise in February. She covered this topic in a previous Medicaid Minute from November 12, going back to April of
- [Wisconsin Marital Property Law](https://www.ruderware.com/video_posts/wisconsin-marital-property-law/) - In Wisconsin, spring is wedding season, and many of our clients are beginning to request assistance with preparing pre-nuptial agreements in anticipation of the big day. Attorney Shanna Yonke walks viewers through Wisconsin’s complex Marital Property Law in her latest post. Video Transcript: My name is Shanna Yonke, and I’m an attorney on Ruder Ware’s
- [Ruder Ware Receives 2021 Live United Award](https://www.ruderware.com/video_posts/ruder-ware-receives-2021-live-united-award/) - The United Way of Marathon County’s staff unanimously selected Ruder Ware as its 2021 Live United recipient out of a total of 180 fundraising campaigns in Marathon County. The annual award recognizes individuals and organizations who are making a huge impact, improving lives through their exceptional efforts giving, advocating, and volunteering for those in our
- [Big City Practice](https://www.ruderware.com/video_posts/big-city-practice/) - We are proud of the communities we've called home for over 100 years and are grateful for the opportunities to build deep, lasting relationships. Thank you to our friend, Gary Freels, President of the Judd S. Alexander Foundation, for participating in our video.
- [Ruder Ware's Elder Law Team Continues to Recognize National Special Needs Law Month - Part 2](https://www.ruderware.com/video_posts/ruder-wares-elder-law-team-continues-recognition-of-national-special-needs-law-month-part-2/) - Our Elder Law Team continues their recognition of October as National Special Needs Law Month, with Elder Law Attorney Jessica Merkel's second part of this two part series addressing what special needs planning entails. Previously, Jessica focused on the legal planning for an individual with special needs. In today's post, she talks about the legal planning
- [Ruder Ware's Elder Law Team Recognizes World Alzheimer's Day](https://www.ruderware.com/video_posts/honoring-world-alzheimers-day/) - In recognition of today, September 21, 2020, being World Alzheimer's Day and September being World Alzheimer's Month, Elder Law Attorney Jessica Merkel addresses the importance of Alzheimer's awareness in elder law in a special post.
- [Medicaid Minute:  Wisconsin's Medicaid Rules Regarding Vehicles](https://www.ruderware.com/video_posts/medicaid-minute-wisconsins-medicaid-rules-regarding-vehicles/) - My name is Attorney Jessica Merkel and this is Ruder Ware's Medicaid Minute. This week we're talking about Wisconsin Medicaid rules related to vehicles. My client's father was going to be going into the nursing home and wanted to apply for Medicaid. They'd heard that there were things called exempt and non-exempt assets and they
- [Medicaid Minute:  Joint Accounts - Half Mine & Half Yours?](https://www.ruderware.com/video_posts/medicaid-minute-joint-accounts-half-mine-half-yours/) - My name is Attorney Jessica Merkel and this is Ruder Ware's Medicaid Minute. This week, we're here to talk about joint accounts in relation to Wisconsin's Medicaid rules. A client was telling me about how she's been a joint owner on her mom's bank accounts for about the past eight years. Her mom was recently

## Categories

- [Litigation](https://www.ruderware.com/category/litigation/)
- [Employment Blog](https://www.ruderware.com/category/employment/)
- [Banking & Financial Matters Blog](https://www.ruderware.com/category/banking-financial-institutions/)
- [Health Care Blog](https://www.ruderware.com/category/health-care/)
- [Tax Deductions Blog](https://www.ruderware.com/category/tax-deductions/)
- [Ag-Visor Blog](https://www.ruderware.com/category/ag-visor/)
- [Trusts & Estates Blog](https://www.ruderware.com/category/trusts-estates/)
- [Business Transactions](https://www.ruderware.com/category/business-transactions/)
- [Firm News](https://www.ruderware.com/category/firm-news/)
- [Elder Law](https://www.ruderware.com/category/elder-law/)
- [Medicaid Minute](https://www.ruderware.com/category/medicaid-minute/)
- [Data Privacy & Security](https://www.ruderware.com/category/data-privacy-security/)
- [Capitol Connection](https://www.ruderware.com/category/capital-connection/)
- [Corporate Transparency Act](https://www.ruderware.com/category/corporate-transparency-act/)
- [Estate Planning Vlogs](https://www.ruderware.com/category/estate-planning-vlogs/)

## Tags

- [opioid program](https://www.ruderware.com/tag/opioid-program/) - opioid program
- [recovery programs](https://www.ruderware.com/tag/recovery-programs/) - recovery programs
- [kickbacks](https://www.ruderware.com/tag/kickbacks/) - kickbacks
- [new federal law](https://www.ruderware.com/tag/new-federal-law/) - new federal law
- [recreational use immunity statute](https://www.ruderware.com/tag/recreational-use-immunity-statute/) - recreational use immunity statute
- [landowners protection](https://www.ruderware.com/tag/landowners-protection/) - landowners protection
- [public recreational activities](https://www.ruderware.com/tag/public-recreational-activities/) - public recreational activities
- [long-term care insurance](https://www.ruderware.com/tag/long-term-care-insurance/) - long-term care insurance
- [public benefits](https://www.ruderware.com/tag/public-benefits/) - public benefits
- [hybrid policy](https://www.ruderware.com/tag/hybrid-policy/) - hybrid policy
- [2020 HSA Limits](https://www.ruderware.com/tag/2020-hsa-limits/)
- [family HDHP](https://www.ruderware.com/tag/family-hdhp/)
- [self-only HDHP](https://www.ruderware.com/tag/self-only-hdhp/)
- [HSA catch-up contribution limit](https://www.ruderware.com/tag/hsa-catch-up-contribution-limit/)
- [ACA](https://www.ruderware.com/tag/aca/)
- [healthcare](https://www.ruderware.com/tag/healthcare/)
- [accommodations for disabled employee](https://www.ruderware.com/tag/accommodations-for-disabled-employee/)
- [disability discrimination](https://www.ruderware.com/tag/disability-discrimination/)
- [undue hardship](https://www.ruderware.com/tag/undue-hardship/)
- [ADA](https://www.ruderware.com/tag/ada/)
- [7th Circuit Court of Appeals](https://www.ruderware.com/tag/7th-circuit-court-of-appeals/)
- [disabled employee](https://www.ruderware.com/tag/disabled-employee/)
- [supreme court](https://www.ruderware.com/tag/supreme-court/)
- [vacant position](https://www.ruderware.com/tag/vacant-position/)
- [Accommodation](https://www.ruderware.com/tag/accommodation/)
- [leave policy](https://www.ruderware.com/tag/leave-policy/)
- [Americans with Disabilities Act](https://www.ruderware.com/tag/americans-with-disabilities-act/)
- [labor law](https://www.ruderware.com/tag/labor-law/)
- [employment law](https://www.ruderware.com/tag/employment-law/)
- [Website](https://www.ruderware.com/tag/website/)
- [Americans With Disabilities](https://www.ruderware.com/tag/americans-with-disabilities/)
- [ADAAA](https://www.ruderware.com/tag/adaaa/)
- [Disabilities](https://www.ruderware.com/tag/disabilities/)
- [EEOC](https://www.ruderware.com/tag/eeoc/)
- [Eau Claire](https://www.ruderware.com/tag/eau-claire/)
- [Hudson](https://www.ruderware.com/tag/hudson/)
- [phobia](https://www.ruderware.com/tag/phobia/)
- [trypanophobia](https://www.ruderware.com/tag/trypanophobia/)
- [verdict](https://www.ruderware.com/tag/verdict/)
- [Rite Aid](https://www.ruderware.com/tag/rite-aid/)
- [Chippewa Valley](https://www.ruderware.com/tag/chippewa-valley/)
- [obesity](https://www.ruderware.com/tag/obesity/)
- [reasonable accommodation](https://www.ruderware.com/tag/reasonable-accommodation/)
- [Labor Lawyer](https://www.ruderware.com/tag/labor-lawyer/)
- [seventh circuit](https://www.ruderware.com/tag/seventh-circuit/)
- [transfer](https://www.ruderware.com/tag/transfer/)
- [eleventh circuit](https://www.ruderware.com/tag/eleventh-circuit/)
- [sexual harassment](https://www.ruderware.com/tag/sexual-harassment/)
- [worker's compensation](https://www.ruderware.com/tag/workers-compensation/)
- [exclusive remedy](https://www.ruderware.com/tag/exclusive-remedy/)
- [light duty](https://www.ruderware.com/tag/light-duty/)
- [return to work](https://www.ruderware.com/tag/return-to-work/)
- [age discrimination](https://www.ruderware.com/tag/age-discrimination/)
- [ageism](https://www.ruderware.com/tag/ageism/)
- [age discrimination in employment act](https://www.ruderware.com/tag/age-discriminination-in-employment-act/)
- [definition of disability](https://www.ruderware.com/tag/definition-of-disability/)
- [medical condition of diabetes](https://www.ruderware.com/tag/medical-condition-of-diabetes/)
- [request for accommodation](https://www.ruderware.com/tag/request-for-accommodation/)
- [duty to accommodate](https://www.ruderware.com/tag/duty-to-accommodate/)
- [Extended leave](https://www.ruderware.com/tag/extended-leave/)
- [Employee reporting for work](https://www.ruderware.com/tag/employee-reporting-for-work/)
- [employee duty to notify company of taking time off](https://www.ruderware.com/tag/employee-duty-to-notify-company-of-taking-time-off/)
- [essential functions of job](https://www.ruderware.com/tag/essential-functions-of-job/)
- [Requirement to Work Overtime Hours](https://www.ruderware.com/tag/requirement-to-work-overtime-hours/)
- [seventh circuit court of appeals](https://www.ruderware.com/tag/seventh-circuit-court-of-appeals/)
- [mental health disability](https://www.ruderware.com/tag/mental-health-disability/)
- [reasonable accommodations](https://www.ruderware.com/tag/reasonable-accommodations/)
- [reduced work hours](https://www.ruderware.com/tag/reduced-work-hours/)
- [fulltime employee](https://www.ruderware.com/tag/fulltime-employee/)
- [ADA accessible](https://www.ruderware.com/tag/ada-accessible/)
- [court ruling](https://www.ruderware.com/tag/court-ruling/)
- [compliance](https://www.ruderware.com/tag/compliance/)
- [title III](https://www.ruderware.com/tag/title-iii/)
- [Accessibility](https://www.ruderware.com/tag/accessibility/)
- [anxiety disorder](https://www.ruderware.com/tag/anxiety-disorder/)
- [working from home](https://www.ruderware.com/tag/working-from-home/)
- [anger management counseling](https://www.ruderware.com/tag/anger-management-counseling/)
- [Sehie v. City of Aurora](https://www.ruderware.com/tag/sehie-v-city-of-aurora/)
- [fair labor standards act](https://www.ruderware.com/tag/fair-labor-standards-act/)
- [anti-kickback statute](https://www.ruderware.com/tag/anti-kickback-statute/)
- [caregiver support](https://www.ruderware.com/tag/caregiver-support/)
- [beneficiary inducement](https://www.ruderware.com/tag/beneficiary-inducement/)
- [OIG advisory opinion](https://www.ruderware.com/tag/oig-advisory-opinion/)
- [fraud and abuse](https://www.ruderware.com/tag/fraud-and-abuse/)
- [treatment center](https://www.ruderware.com/tag/treatment-center/)
- [kickback scheme](https://www.ruderware.com/tag/kickback-scheme/)
- [criminal fraud](https://www.ruderware.com/tag/criminal-fraud/)
- [health care fraud](https://www.ruderware.com/tag/health-care-fraud/)
- [telehealth donation](https://www.ruderware.com/tag/telehealth-donation/)
- [telemedicine equipment](https://www.ruderware.com/tag/telemedicine-equipment/)
- [referral inducement](https://www.ruderware.com/tag/referral-inducement/)
- [advisory opinion](https://www.ruderware.com/tag/advisory-opinion/)
- [technology donation](https://www.ruderware.com/tag/technology-donation/)
- [anti-kickback](https://www.ruderware.com/tag/anti-kickback/)
- [differential value](https://www.ruderware.com/tag/differential-value/)
- [ambulatory surgery center](https://www.ruderware.com/tag/ambulatory-surgery-center/)
- [asc fraud](https://www.ruderware.com/tag/asc-fraud/)
- [buy-in process](https://www.ruderware.com/tag/buyin-process/)
- [EKRA](https://www.ruderware.com/tag/ekra/)
- [eliminating kickbacks in recovery act](https://www.ruderware.com/tag/eliminating-kickbacks-in-recovery-act/)
- [Application](https://www.ruderware.com/tag/application/)
- [tax exempt](https://www.ruderware.com/tag/tax-exempt/)
- [charity](https://www.ruderware.com/tag/charity/)
- [form 1023](https://www.ruderware.com/tag/form-1023/)
- [arbitration](https://www.ruderware.com/tag/arbitration/)
- [arbitration clause](https://www.ruderware.com/tag/arbitration-clause/)
- [procedural arbitrability](https://www.ruderware.com/tag/procedural-arbitrability/)
- [ASC Compliance](https://www.ruderware.com/tag/asc-compliance/)
- [physician investment](https://www.ruderware.com/tag/physician-investment/)
- [physician-owned asc](https://www.ruderware.com/tag/physician-owned-asc/)
- [ambulatory surgery center](https://www.ruderware.com/tag/ambulatory-survery-center/)
- [ban the box](https://www.ruderware.com/tag/ban-the-box/)
- [criminal background check](https://www.ruderware.com/tag/criminal-background-check/)
- [bankruptcy](https://www.ruderware.com/tag/bankruptcy/)
- [Wisconsin homestead exemption](https://www.ruderware.com/tag/wisconsin-homestead-exemption/)
- [stacked exemptions](https://www.ruderware.com/tag/stacked-exemptions/)
- [behavioral health](https://www.ruderware.com/tag/behavioral-health/)
- [mental health issues](https://www.ruderware.com/tag/mental-health-issues/)
- [patient issues](https://www.ruderware.com/tag/patient-issues/)
- [use of restraints](https://www.ruderware.com/tag/use-of-restraints/)
- [managing aggressive behavior](https://www.ruderware.com/tag/managing-agressive-behavior/)
- [Wisconsin health law](https://www.ruderware.com/tag/wisconsin-health-law/)
- [benefit package](https://www.ruderware.com/tag/benefit-package/)
- [attracting employees](https://www.ruderware.com/tag/attracting-employees/)
- [family leave](https://www.ruderware.com/tag/family-leave/)
- [recruiting employees](https://www.ruderware.com/tag/recruiting-employees/)
- [billing fraud](https://www.ruderware.com/tag/billing-fraud/)
- [dermatology fraud](https://www.ruderware.com/tag/dermatology-fraud/)
- [compliance issues](https://www.ruderware.com/tag/compliance-issues/)
- [dermatology practice](https://www.ruderware.com/tag/dermatology-practice/)
- [blended family](https://www.ruderware.com/tag/blended-family/)
- [intestacy](https://www.ruderware.com/tag/intestacy/)
- [inheritance](https://www.ruderware.com/tag/inheritance/)
- [estate plan](https://www.ruderware.com/tag/estate-plan/)
- [assets divided](https://www.ruderware.com/tag/assets-divided/)
- [bullying](https://www.ruderware.com/tag/bullying/)
- [California](https://www.ruderware.com/tag/california/)
- [harassment training](https://www.ruderware.com/tag/harassment-training/)
- [Chapter 12](https://www.ruderware.com/tag/chapter-12/)
- [statistics](https://www.ruderware.com/tag/statistics/)
- [western district of Wisconsin](https://www.ruderware.com/tag/western-district-of-wisconsin/)
- [total bankruptcy filings](https://www.ruderware.com/tag/total-bankruptcy-filings/)
- [farm bankruptcies](https://www.ruderware.com/tag/farm-bankruptcies/)
- [farm](https://www.ruderware.com/tag/farm/)
- [Loan Review](https://www.ruderware.com/tag/loan-review/)
- [Workout](https://www.ruderware.com/tag/workout/)
- [statistic](https://www.ruderware.com/tag/statistic/)
- [Chapter 13](https://www.ruderware.com/tag/chapter-13/)
- [cram down](https://www.ruderware.com/tag/cram-down/)
- [negative equity](https://www.ruderware.com/tag/negative-equity/)
- [personal use motor vehicle](https://www.ruderware.com/tag/personal-use-motor-vehicle/)
- [loan obtained within 910 days of bankruptcy](https://www.ruderware.com/tag/loan-obtained-within-910-days-of-bankruptcy/)
- [St. Croix County](https://www.ruderware.com/tag/st-croix-county/)
- [Donning](https://www.ruderware.com/tag/donning/)
- [Doffing](https://www.ruderware.com/tag/doffing/)
- [Wage and Hour](https://www.ruderware.com/tag/wage-and-hour/)
- [civil monetary penalties](https://www.ruderware.com/tag/civil-monetary-penalties/)
- [OIG regulations](https://www.ruderware.com/tag/oig-regulations/)
- [proposed regulations](https://www.ruderware.com/tag/proposed-regulations/)
- [CMP authority](https://www.ruderware.com/tag/cmp-authority/)
- [clinical integration](https://www.ruderware.com/tag/clinical-integration/)
- [fee information](https://www.ruderware.com/tag/fee-information/)
- [fee schedule](https://www.ruderware.com/tag/fee-schedule/)
- [health care](https://www.ruderware.com/tag/health-care/)
- [fee negotiation](https://www.ruderware.com/tag/fee-negotiation/)
- [FTC](https://www.ruderware.com/tag/ftc/)
- [ACO antitrust](https://www.ruderware.com/tag/aco-antitrust/)
- [antitrust safety zone](https://www.ruderware.com/tag/antitrust-safety-zone/)
- [ACO guidance](https://www.ruderware.com/tag/aco-guidance/)
- [ACO enforcement](https://www.ruderware.com/tag/aco-enforcement/)
- [CMS](https://www.ruderware.com/tag/cms/)
- [disclosure](https://www.ruderware.com/tag/disclosure/)
- [Stark Law](https://www.ruderware.com/tag/stark-law/)
- [self-referral](https://www.ruderware.com/tag/self-referral/)
- [violation](https://www.ruderware.com/tag/violation/)
- [Form CMS-10328](https://www.ruderware.com/tag/form-cms-10328/)
- [false claims](https://www.ruderware.com/tag/false-claims/)
- [guidance](https://www.ruderware.com/tag/guidance/)
- [DOJ](https://www.ruderware.com/tag/doj/)
- [attorney general](https://www.ruderware.com/tag/attorney-general/)
- [Jeff Sessions](https://www.ruderware.com/tag/jeff-sessions/)
- [Brand](https://www.ruderware.com/tag/brand/)
- [memorandum](https://www.ruderware.com/tag/memorandum/)
- [documents](https://www.ruderware.com/tag/documents/)
- [compensation agreements](https://www.ruderware.com/tag/compensation-agreements/)
- [hospice](https://www.ruderware.com/tag/hospice/)
- [medicare](https://www.ruderware.com/tag/medicare/)
- [medicaid](https://www.ruderware.com/tag/medicaid/)
- [burdensome](https://www.ruderware.com/tag/burdensome/)
- [obsolete](https://www.ruderware.com/tag/obsolete/)
- [ambulatory](https://www.ruderware.com/tag/ambulatory/)
- [surgical](https://www.ruderware.com/tag/surgical/)
- [OIG](https://www.ruderware.com/tag/oig/)
- [inspector general](https://www.ruderware.com/tag/inspector-general/)
- [skilled nursing facilities](https://www.ruderware.com/tag/skilled-nursing-facilities/)
- [SNF](https://www.ruderware.com/tag/snf/)
- [audit](https://www.ruderware.com/tag/audit/)
- [early alert](https://www.ruderware.com/tag/early-alert/)
- [compliance duties](https://www.ruderware.com/tag/compliance-duties/)
- [compliance oversight](https://www.ruderware.com/tag/compliance-oversight/)
- [director duties](https://www.ruderware.com/tag/director-duties/)
- [oversight by board](https://www.ruderware.com/tag/oversight-by-board/)
- [compliance officer](https://www.ruderware.com/tag/compliance-officer/)
- [dual role compliance](https://www.ruderware.com/tag/dual-role-compliance/)
- [general counsel](https://www.ruderware.com/tag/general-counsel/)
- [appointing compliance officer](https://www.ruderware.com/tag/appointing-compliance-officer/)
- [effective compliance](https://www.ruderware.com/tag/effective-compliance/)
- [compliance budget](https://www.ruderware.com/tag/compliance-budget/)
- [autonomy](https://www.ruderware.com/tag/autonomy/)
- [authority](https://www.ruderware.com/tag/authority/)
- [compliance resources](https://www.ruderware.com/tag/compliance-resources/)
- [compliance independence](https://www.ruderware.com/tag/compliance-independence/)
- [compliance oversight](https://www.ruderware.com/tag/compliance-oversite/)
- [board role](https://www.ruderware.com/tag/board-role/)
- [board of directors](https://www.ruderware.com/tag/board-of-directors/)
- [compliance responsibilities](https://www.ruderware.com/tag/compliance-responsibilities/)
- [compliance program](https://www.ruderware.com/tag/compliance-program/)
- [compliance plan](https://www.ruderware.com/tag/compliance-plan/)
- [board responsibility](https://www.ruderware.com/tag/board-responsibility/)
- [questions for compliance](https://www.ruderware.com/tag/questions-for-compliance/)
- [compliance officer issues](https://www.ruderware.com/tag/compliance-officer-issues/)
- [board oversight](https://www.ruderware.com/tag/board-oversight/)
- [compliance programs](https://www.ruderware.com/tag/compliance-programs/)
- [OIG guidance](https://www.ruderware.com/tag/oig-guidance/)
- [OIG portal](https://www.ruderware.com/tag/oig-portal/)
- [compliance toolkit](https://www.ruderware.com/tag/compliance-toolkit/)
- [OIG resources](https://www.ruderware.com/tag/oig-resources/)
- [best practices](https://www.ruderware.com/tag/best-practices/)
- [compliance effectiveness](https://www.ruderware.com/tag/compliance-effectiveness/)
- [HIPAA security](https://www.ruderware.com/tag/hipaa-security/)
- [ePHI](https://www.ruderware.com/tag/ephi/)
- [mobile devices](https://www.ruderware.com/tag/mobile-devices/)
- [OCR settlement](https://www.ruderware.com/tag/ocr-settlement/)
- [HIPAA compliance](https://www.ruderware.com/tag/hipaa-compliance/)
- [medicaid fraud](https://www.ruderware.com/tag/medicaid-fraud/)
- [personal care agencies](https://www.ruderware.com/tag/personal-care-agencies/)
- [PCW fraud](https://www.ruderware.com/tag/pcw-fraud/)
- [personal care workers](https://www.ruderware.com/tag/personal-care-workers/)
- [home health fraud](https://www.ruderware.com/tag/home-healt-fraud/)
- [personal care fraud](https://www.ruderware.com/tag/personal-care-fraud/)
- [overpayment](https://www.ruderware.com/tag/overpayment/)
- [chiropractic compliance](https://www.ruderware.com/tag/chiropractic-compliance/)
- [risk area identification](https://www.ruderware.com/tag/risk-area-identification/)
- [risk identification](https://www.ruderware.com/tag/risk-identification/)
- [medical necessity](https://www.ruderware.com/tag/medical-necessity/)
- [compliance documentation](https://www.ruderware.com/tag/compliance-documentation/)
- [physician compliance](https://www.ruderware.com/tag/physician-compliance/)
- [7 elements](https://www.ruderware.com/tag/7-elements/)
- [medical office compliance](https://www.ruderware.com/tag/medical-office-compliance/)
- [compliance budgeting](https://www.ruderware.com/tag/compliance-budgeting/)
- [compliance risk](https://www.ruderware.com/tag/compliance-risk/)
- [compliance work plan](https://www.ruderware.com/tag/compliance-work-plan/)
- [effective compliance program](https://www.ruderware.com/tag/effective-compliance-program/)
- [DOJ compliance](https://www.ruderware.com/tag/doj-compliance/)
- [DOJ compliance evaluation](https://www.ruderware.com/tag/doj-compliance-evaluation/)
- [2019 DOJ guidelines](https://www.ruderware.com/tag/2019-doj-guidelines/)
- [conditions of participation](https://www.ruderware.com/tag/conditions-of-participation/)
- [CMS cybersecurity risks](https://www.ruderware.com/tag/cms-cybersecurity-risks/)
- [provider recommendations](https://www.ruderware.com/tag/provider-recommendations/)
- [executive order (EO) 13636](https://www.ruderware.com/tag/executive-order-eo-13636/)
- [cyber attack risks](https://www.ruderware.com/tag/cyber-attack-risks/)
- [disaster plan](https://www.ruderware.com/tag/disaster-plan/)
- [executive order](https://www.ruderware.com/tag/executive-order/)
- [cybersecurity risks](https://www.ruderware.com/tag/cybersecurity-risks/)
- [event hosting](https://www.ruderware.com/tag/event-hosting/)
- [farm events](https://www.ruderware.com/tag/farm-events/)
- [ADA compliance](https://www.ruderware.com/tag/ada-compliance/)
- [food safety](https://www.ruderware.com/tag/food-safety/)
- [insurance liability](https://www.ruderware.com/tag/insurance-liability/)
- [home health](https://www.ruderware.com/tag/home-health/)
- [2017 cop](https://www.ruderware.com/tag/2017-cop/)
- [HHA conditions](https://www.ruderware.com/tag/hha-conditions/)
- [home health regulations](https://www.ruderware.com/tag/home-health-regulations/)
- [extended compliance](https://www.ruderware.com/tag/extended-compliance/)
- [revised date](https://www.ruderware.com/tag/revised-date/)
- [effective date](https://www.ruderware.com/tag/effective-date/)
- [cop for home health](https://www.ruderware.com/tag/cop-for-home-health/)
- [Condominium](https://www.ruderware.com/tag/condominium/)
- [mixed-use development](https://www.ruderware.com/tag/mixed-use-development/)
- [Tax-exempt bond](https://www.ruderware.com/tag/tax-exempt-bond/)
- [bond financing](https://www.ruderware.com/tag/bond-financing/)
- [congress](https://www.ruderware.com/tag/congress/)
- [Banking](https://www.ruderware.com/tag/banking/)
- [FDIC](https://www.ruderware.com/tag/fdic/)
- [Currency](https://www.ruderware.com/tag/currency/)
- [technology](https://www.ruderware.com/tag/technology/)
- [FinTECH](https://www.ruderware.com/tag/fintech/)
- [mobile banking](https://www.ruderware.com/tag/mobile-banking/)
- [lending](https://www.ruderware.com/tag/lending/)
- [regulation](https://www.ruderware.com/tag/regulation/)
- [Constitutionality](https://www.ruderware.com/tag/constitutionality/)
- [Obamacare lawsuit](https://www.ruderware.com/tag/obamacare-lawsuit/)
- [joint motion](https://www.ruderware.com/tag/joint-motion/)
- [insurance company subsidies](https://www.ruderware.com/tag/insurance-company-subsidies/)
- [separation of powers](https://www.ruderware.com/tag/separation-of-powers/)
- [controlling-ownership of farm](https://www.ruderware.com/tag/controlling-ownership-of-farm/)
- [farm owner long-term care costs](https://www.ruderware.com/tag/farm-owner-long-term-care-costs/)
- [claim against farm estate](https://www.ruderware.com/tag/claim-against-farm-estate/)
- [transfer farm ownership](https://www.ruderware.com/tag/transfer-farm-ownership/)
- [irrevocable trust for farms](https://www.ruderware.com/tag/irrevocable-trust-for-farms/)
- [Court of Appeals](https://www.ruderware.com/tag/court-of-appeals/)
- [right-to-work](https://www.ruderware.com/tag/right-to-work/)
- [due process](https://www.ruderware.com/tag/due-process/)
- [constitutional protections](https://www.ruderware.com/tag/constitutional-protections/)
- [taking constitutional claim](https://www.ruderware.com/tag/taking-constitutional-claim/)
- [Cybersecurity Assessment Tool](https://www.ruderware.com/tag/cybersecurity-assessment-tool/)
- [bank examiners](https://www.ruderware.com/tag/bank-examiners/)
- [cybersecurity](https://www.ruderware.com/tag/cybersecurity/)
- [cybersecurity risk assessment](https://www.ruderware.com/tag/cybersecurity-risk-assessment/)
- [cybersecurity preparedness](https://www.ruderware.com/tag/cybersecurity-preparedness/)
- [dairy](https://www.ruderware.com/tag/dairy/)
- [ultra-filtered milk](https://www.ruderware.com/tag/ultra-filtered-milk/)
- [trade](https://www.ruderware.com/tag/trade/)
- [exports](https://www.ruderware.com/tag/exports/)
- [NAFTA](https://www.ruderware.com/tag/nafta/)
- [dental compliance](https://www.ruderware.com/tag/dental-compliance/)
- [dental practice](https://www.ruderware.com/tag/dental-practice/)
- [dentists](https://www.ruderware.com/tag/dentists/)
- [orthodontists](https://www.ruderware.com/tag/orthodontists/)
- [Department of Labor](https://www.ruderware.com/tag/department-of-labor/)
- [cash in lieu of benefits](https://www.ruderware.com/tag/cah-in-lieu-of-benefits/)
- [overtime pay rate](https://www.ruderware.com/tag/overtime-pay-rate/)
- [hourly rate](https://www.ruderware.com/tag/hourly-rate/)
- [final Rule on overtime eligibility](https://www.ruderware.com/tag/final-rule-on-overtime-eligibility/)
- [salary limits](https://www.ruderware.com/tag/salary-limits/)
- [exempt employees](https://www.ruderware.com/tag/exempt-employees/)
- [FLSA](https://www.ruderware.com/tag/flsa/)
- [DOL](https://www.ruderware.com/tag/dol/)
- [overtime rule](https://www.ruderware.com/tag/overtime-rule/)
- [white collar exemptions](https://www.ruderware.com/tag/white-collar-exemptions/)
- [rule changes](https://www.ruderware.com/tag/rule-changes/)
- [independent contractor](https://www.ruderware.com/tag/independent-contractor/)
- [employee status](https://www.ruderware.com/tag/employee-status/)
- [economic realities test](https://www.ruderware.com/tag/economic-realities-test/)
- [joint employer standard](https://www.ruderware.com/tag/joint-employer-standard/)
- [administrator interpretations](https://www.ruderware.com/tag/administrator-interpretations/)
- [guidance regarding joint employment](https://www.ruderware.com/tag/guidance-regarding-joint-employment/)
- [joint employer](https://www.ruderware.com/tag/joint-employer/)
- [withdrawal of guidance](https://www.ruderware.com/tag/withdrawal-of-guidance/)
- [Minimum Wage](https://www.ruderware.com/tag/minimum-wage/)
- [overtime pay](https://www.ruderware.com/tag/overtime-pay/)
- [new regulations](https://www.ruderware.com/tag/new-regulations/)
- [Dept of labor](https://www.ruderware.com/tag/dept-of-labor/)
- [presidential appointee](https://www.ruderware.com/tag/presidential-appointee/)
- [secretary of labor](https://www.ruderware.com/tag/secretary-of-labor/)
- [attention deficit disorder (ADHD)](https://www.ruderware.com/tag/attention-deficit-disorder-adhd/)
- [ADHD](https://www.ruderware.com/tag/adhd/)
- [disability](https://www.ruderware.com/tag/disability/)
- [employee attendance](https://www.ruderware.com/tag/employee-attendance/)
- [employee time off](https://www.ruderware.com/tag/employee-time-off/)
- [employment discrimination](https://www.ruderware.com/tag/employment-discrimination/)
- [religious discrimination](https://www.ruderware.com/tag/religious-discrimination/)
- [notice from employee](https://www.ruderware.com/tag/notice-from-employee/)
- [discrimination complaint](https://www.ruderware.com/tag/discrimination-complaint/)
- [website accessibility](https://www.ruderware.com/tag/website-accessibility/)
- [Title III of ADA](https://www.ruderware.com/tag/title-iii-of-ada/)
- [website accessibility regulations](https://www.ruderware.com/tag/website-accessibility-regulations/)
- [discrimination](https://www.ruderware.com/tag/discrimination/)
- [Conviction](https://www.ruderware.com/tag/conviction/)
- [Arrest](https://www.ruderware.com/tag/arrest/)
- [Wisconsin](https://www.ruderware.com/tag/wisconsin/)
- [background checks](https://www.ruderware.com/tag/background-checks/)
- [criminal record](https://www.ruderware.com/tag/criminal-record/)
- [hiring](https://www.ruderware.com/tag/hiring/)
- [criminal background](https://www.ruderware.com/tag/criminal-background/)
- [criminal background checks](https://www.ruderware.com/tag/criminal-background-checks/)
- [conviction record discrimination](https://www.ruderware.com/tag/conviction-record-discrimination/)
- [ban the box legislation](https://www.ruderware.com/tag/ban-the-box-legislation/)
- [Salary information](https://www.ruderware.com/tag/salary-information/)
- [banning questions](https://www.ruderware.com/tag/banning-questions/)
- [OT rule](https://www.ruderware.com/tag/ot-rule/)
- [Texas Judge OT rule](https://www.ruderware.com/tag/texas-judge-ot-rule/)
- [United Way of Marathon County](https://www.ruderware.com/tag/united-way-of-marathon-county/)
- [Eau Claire, Wisconsin](https://www.ruderware.com/tag/eau-claire-wisconsin/)
- [Protected Activity](https://www.ruderware.com/tag/protected-activity/)
- [Ruder Ware](https://www.ruderware.com/tag/ruder-ware/)
- [Menomonie](https://www.ruderware.com/tag/menomonie/)
- [termination](https://www.ruderware.com/tag/termination/)
- [lawyer](https://www.ruderware.com/tag/lawyer/)
- [attorney](https://www.ruderware.com/tag/attorney/)
- [wellness programs](https://www.ruderware.com/tag/wellness-programs/)
- [discrimination claim](https://www.ruderware.com/tag/discrimination-claim/)
- [MILLION DOLLAR SETTLEMENT](https://www.ruderware.com/tag/million-dollar-settlement/)
- [perceived disability](https://www.ruderware.com/tag/perceived-disability/)
- [Christmas](https://www.ruderware.com/tag/christmas/)
- [discrimination charge](https://www.ruderware.com/tag/discrimination-charge/)
- [strength exam](https://www.ruderware.com/tag/strength-exam/)
- [enforcement actions](https://www.ruderware.com/tag/enforcement-actions/)
- [equal rights](https://www.ruderware.com/tag/equal-rights/)
- [english only policy](https://www.ruderware.com/tag/english-only-policy/)
- [National Origin Discrimination](https://www.ruderware.com/tag/national-origin-discrimination/)
- [retaliation](https://www.ruderware.com/tag/retaliation/)
- [proposed guidance](https://www.ruderware.com/tag/proposed-guidance/)
- [employee protections](https://www.ruderware.com/tag/employee-protections/)
- [medical information](https://www.ruderware.com/tag/medical-information/)
- [lawsuit](https://www.ruderware.com/tag/lawsuit/)
- [Biometric](https://www.ruderware.com/tag/biometric/)
- [Time Clock](https://www.ruderware.com/tag/time-clock/)
- [equal opportunity employment commission](https://www.ruderware.com/tag/equal-opportunity-employment-commission/)
- [retaliation discrimination](https://www.ruderware.com/tag/retaliation-discrimination/)
- [workplace discrimination](https://www.ruderware.com/tag/workplace-discrimination/)
- [court case](https://www.ruderware.com/tag/court-case/)
- [pregnancy discrimination](https://www.ruderware.com/tag/pregnancy-discrimination/)
- [enforcement](https://www.ruderware.com/tag/enforcement/)
- [light-duty work](https://www.ruderware.com/tag/light-duty-work/)
- [WFEA](https://www.ruderware.com/tag/wfea/)
- [discrimination law](https://www.ruderware.com/tag/discrimination-law/)
- [federal courts](https://www.ruderware.com/tag/federal-courts/)
- [U.S. Supreme Court](https://www.ruderware.com/tag/u-s-supreme-court/)
- [sexual orientation discrimination](https://www.ruderware.com/tag/sexual-orientation-discrimination/)
- [hair style](https://www.ruderware.com/tag/hair-style/)
- [protected categories](https://www.ruderware.com/tag/protected-categories/)
- [transgender discrimination](https://www.ruderware.com/tag/transgender-discrimination/)
- [sex discrimination](https://www.ruderware.com/tag/sex-discrimination/)
- [racial discrimination](https://www.ruderware.com/tag/racial-discrimination/)
- [successor liability](https://www.ruderware.com/tag/successor-liability/)
- [restaurant](https://www.ruderware.com/tag/restaurant/)
- [compliance reporting](https://www.ruderware.com/tag/compliance-reporting/)
- [complaint process](https://www.ruderware.com/tag/complaint-process/)
- [compliance complaints](https://www.ruderware.com/tag/compliance-complaints/)
- [employee benefits](https://www.ruderware.com/tag/employee-benefits/)
- [same sex marriage](https://www.ruderware.com/tag/same-sex-marriage/)
- [employee discipline](https://www.ruderware.com/tag/employee-discipline/)
- [social media](https://www.ruderware.com/tag/social-media/)
- [common mistakes](https://www.ruderware.com/tag/common-mistakes/)
- [free speech protections](https://www.ruderware.com/tag/free-speech-protections/)
- [employee personal communication](https://www.ruderware.com/tag/employee-personal-communication/)
- [protected communication](https://www.ruderware.com/tag/protected-communication/)
- [company policies](https://www.ruderware.com/tag/company-policies/)
- [use of company e-mail](https://www.ruderware.com/tag/use-of-company-e-mail/)
- [employer liability](https://www.ruderware.com/tag/employer-liability/)
- [human resources](https://www.ruderware.com/tag/human-resources/)
- [holiday party](https://www.ruderware.com/tag/holiday-party/)
- [Employment blog](https://www.ruderware.com/tag/employment-blog/)
- [2014 limits qualified plans](https://www.ruderware.com/tag/2014-limits-qualified-plans/)
- [IRS](https://www.ruderware.com/tag/irs/)
- [Social Security Administration](https://www.ruderware.com/tag/social-security-administration/)
- [accommodate](https://www.ruderware.com/tag/accommodate/)
- [pre-existing conditions](https://www.ruderware.com/tag/pre-existing-conditions/)
- [interactive process with employee](https://www.ruderware.com/tag/interactive-process-with-employee/)
- [medical leave](https://www.ruderware.com/tag/medical-leave/)
- [5th Circuit Cour of Appeals](https://www.ruderware.com/tag/5th-circuit-cour-of-appeals/)
- [American With Disabilities Act](https://www.ruderware.com/tag/american-with-disabilities-act/)
- [on-site parking](https://www.ruderware.com/tag/on-site-parking/)
- [temporary impairment as a disability?](https://www.ruderware.com/tag/temporary-impairment-as-a-disability/)
- [what condition would constitute a disability](https://www.ruderware.com/tag/what-condition-would-constitute-a-disability/)
- [Wisconsin fair employment act](https://www.ruderware.com/tag/wisconsin-fair-employment-act/)
- [Court of Appeals for the Eighth Circuit](https://www.ruderware.com/tag/court-of-appeals-for-the-eighth-circuit/)
- [essential job function](https://www.ruderware.com/tag/essential-job-function/)
- [work attendance](https://www.ruderware.com/tag/work-attendance/)
- [deaf employees](https://www.ruderware.com/tag/deaf-employees/)
- [fifth circuit](https://www.ruderware.com/tag/fifth-circuit/)
- [qualified employee](https://www.ruderware.com/tag/qualified-employee/)
- [eighth circuit](https://www.ruderware.com/tag/eighth-circuit/)
- [Adeyeye v. Heartland Sweeteners](https://www.ruderware.com/tag/adeyeye-v-heartland-sweeteners/)
- [Civil Rights Act of 1964](https://www.ruderware.com/tag/civil-rights-act-of-1964/)
- [LLC](https://www.ruderware.com/tag/llc/)
- [religious observances](https://www.ruderware.com/tag/religious-observances/)
- [Title VII](https://www.ruderware.com/tag/title-vii/)
- [affordable care act](https://www.ruderware.com/tag/affordable-care-act/)
- [shared responsibility](https://www.ruderware.com/tag/shared-responsibility/)
- [treasury department](https://www.ruderware.com/tag/treasury-department/)
- [full-time equivalent employees](https://www.ruderware.com/tag/full-time-equivalent-employees/)
- [small employer requirements](https://www.ruderware.com/tag/small-employer-requirements/)
- [treasury department employer mandate](https://www.ruderware.com/tag/treasury-department-employer-mandate/)
- [religion](https://www.ruderware.com/tag/religion/)
- [contraceptive coverage](https://www.ruderware.com/tag/contraceptive-coverage/)
- [religious accommodation](https://www.ruderware.com/tag/reigious-accommodation/)
- [Small Business Health Option Program (SHOP)](https://www.ruderware.com/tag/small-business-health-option-program-shop/)
- [Main Street Wausau](https://www.ruderware.com/tag/main-street-wausau/)
- [circumstantial evidence of discrimination](https://www.ruderware.com/tag/circumstantial-evidence-of-discrimination/)
- [direct evidence of discrimination](https://www.ruderware.com/tag/direct-evidence-of-discrimination/)
- [employee protected class](https://www.ruderware.com/tag/employe-protected-class/)
- [reduction in workforce](https://www.ruderware.com/tag/reduction-in-workforce/)
- [Rehabilitation Act of 1973](https://www.ruderware.com/tag/rehabilitation-act-of-1973/)
- [ASD](https://www.ruderware.com/tag/asd/)
- [Autism Spectrum Disorder](https://www.ruderware.com/tag/autism-spectrum-disorder/)
- [Diagnostic and Statistical Manual of Mental Disorders](https://www.ruderware.com/tag/diagnostic-and-statistical-manual-of-mental-disorders/)
- [DSM-r](https://www.ruderware.com/tag/dsm-r/)
- [attendance](https://www.ruderware.com/tag/attendance/)
- [policies](https://www.ruderware.com/tag/policies/)
- [employee's serious medical condition](https://www.ruderware.com/tag/employees-serious-medical-condition/)
- [credit reports](https://www.ruderware.com/tag/credit-reports/)
- [employment decision](https://www.ruderware.com/tag/employment-decision/)
- [ban-the-box law](https://www.ruderware.com/tag/ban-the-box-law/)
- [criminal background and the application](https://www.ruderware.com/tag/criminal-background-and-the-application/)
- [facebook and employees](https://www.ruderware.com/tag/facebook-and-employees/)
- [protecting application information](https://www.ruderware.com/tag/protecting-application-information/)
- [workplace privacy](https://www.ruderware.com/tag/workplace-privacy/)
- [BYOD](https://www.ruderware.com/tag/byod/)
- [COPE](https://www.ruderware.com/tag/cope/)
- [bring your own device](https://www.ruderware.com/tag/bring-your-own-device/)
- [personal phone](https://www.ruderware.com/tag/personal-phone/)
- [smartphone](https://www.ruderware.com/tag/smartphone/)
- [chamber of commerce](https://www.ruderware.com/tag/chamber-of-commerce/)
- [pay or play](https://www.ruderware.com/tag/pay-or-play/)
- [Twinkies](https://www.ruderware.com/tag/twinkies/)
- [Chanel](https://www.ruderware.com/tag/chanel/)
- [general release of claims](https://www.ruderware.com/tag/general-release-of-claims/)
- [separation agreement](https://www.ruderware.com/tag/separation-agreement/)
- [comp](https://www.ruderware.com/tag/comp/)
- [State Bar Business and Real Estate Transactions Institute](https://www.ruderware.com/tag/state-bar-business-and-real-estate-transactions-institute/)
- [waiver of conflicts of interest](https://www.ruderware.com/tag/waiver-of-conflicts-of-interest/)
- [compensable hours](https://www.ruderware.com/tag/compensable-hours/)
- [pay for travel](https://www.ruderware.com/tag/pay-for-travel/)
- [hourly employee](https://www.ruderware.com/tag/hourly-employee/)
- [deductible](https://www.ruderware.com/tag/deductible/)
- [IRS mileage 2014](https://www.ruderware.com/tag/irs-mileage-2014/)
- [defense of marriage act](https://www.ruderware.com/tag/defense-of-marriage-act/)
- [DOMA](https://www.ruderware.com/tag/doma/)
- [ERISA](https://www.ruderware.com/tag/erisa/)
- [same sex marriages](https://www.ruderware.com/tag/same-sex-marriages/)
- [United States v. Windsor](https://www.ruderware.com/tag/united-states-v-windsor/)
- [denial](https://www.ruderware.com/tag/denial/)
- [Facebook](https://www.ruderware.com/tag/facebook/)
- [employee disciplinary action](https://www.ruderware.com/tag/employee-disciplinary-action/)
- [persuader rules](https://www.ruderware.com/tag/persuader-rules/)
- [free lunch](https://www.ruderware.com/tag/free-lunch/)
- [fringe-benefit meals](https://www.ruderware.com/tag/fringe-benefit-meals/)
- [disabled applicant](https://www.ruderware.com/tag/disabled-applicant/)
- [interviewing a disabled applicant](https://www.ruderware.com/tag/interviewing-a-disabled-applicant/)
- [job interview disabled applicant](https://www.ruderware.com/tag/job-interview-disabled-applicant/)
- [questioning a disabled applicant](https://www.ruderware.com/tag/questioning-a-disabled-applicant/)
- [Wisconsin Public Radio](https://www.ruderware.com/tag/wisconsin-public-radio/)
- [WPR](https://www.ruderware.com/tag/wpr/)
- [candidates](https://www.ruderware.com/tag/candidates/)
- [video interview](https://www.ruderware.com/tag/video-interview/)
- [harassment](https://www.ruderware.com/tag/harassment/)
- [Strategic Enforcement Plan](https://www.ruderware.com/tag/stategic-enforcement-plan/)
- [personnel policies](https://www.ruderware.com/tag/personnel-policies/)
- [equal pay](https://www.ruderware.com/tag/equal-pay/)
- [employer agreements](https://www.ruderware.com/tag/employer-agreements/)
- [screening tools](https://www.ruderware.com/tag/screening-tools/)
- [employee causing injury](https://www.ruderware.com/tag/employee-causing-injury/)
- [employee injuries](https://www.ruderware.com/tag/employee-injuries/)
- [employee travel](https://www.ruderware.com/tag/employee-travel/)
- [enforceable agreements](https://www.ruderware.com/tag/enforceable-agreements/)
- [state bar of Wisconsin](https://www.ruderware.com/tag/state-bar-of-wisconsin/)
- [drafting enforceable agreements](https://www.ruderware.com/tag/drafting-enforceable-agreements/)
- [non-compete agreements](https://www.ruderware.com/tag/non-compete-agreements/)
- [equal employment Opportunity Commission](https://www.ruderware.com/tag/equal-employment-opportunity-commission/)
- [interactive process and reasonable accommodations](https://www.ruderware.com/tag/interactive-process-and-reasonable-accommodations/)
- [job interview](https://www.ruderware.com/tag/job-interview/)
- [toys r us](https://www.ruderware.com/tag/toys-r-us/)
- [Justice Kagan](https://www.ruderware.com/tag/justice-kagan/)
- [US Airways v. McCutcheon](https://www.ruderware.com/tag/us-airways-v-mccutcheon/)
- [et al v. Dana Light Axle Mfg](https://www.ruderware.com/tag/et-al-v-dana-light-axle-mfg/)
- [FMLA-protected leave](https://www.ruderware.com/tag/fmla-protected-leave/)
- [Sixth Circuit Court of Appeals](https://www.ruderware.com/tag/sixth-circuit-court-of-appeals/)
- [Srouder](https://www.ruderware.com/tag/srouder/)
- [exchange](https://www.ruderware.com/tag/exchange/)
- [marketplace](https://www.ruderware.com/tag/marketplace/)
- [Wisconsin Insurance Commissioner](https://www.ruderware.com/tag/wisconsin-insurance-commissioner/)
- [exempt employee classifications](https://www.ruderware.com/tag/exempt-employee-classifications/)
- [payment for all hours worked](https://www.ruderware.com/tag/payment-for-all-hours-worked/)
- [wage and hour lawsuit](https://www.ruderware.com/tag/wage-and-hour-lawsuit/)
- [fair credit reporting act](https://www.ruderware.com/tag/fair-credit-reporting-act/)
- [HireRight](https://www.ruderware.com/tag/hireright/)
- [Black Swan](https://www.ruderware.com/tag/black-swan/)
- [Fox Searchlight](https://www.ruderware.com/tag/fox-searchlight/)
- [DOL Fact Sheet No. 71](https://www.ruderware.com/tag/dol-fact-sheet-no-71/)
- [employee classification regulations](https://www.ruderware.com/tag/employee-classification-regulations/)
- [tax exempt employees](https://www.ruderware.com/tag/tax-exempt-employees/)
- [equal employment opportunity laws](https://www.ruderware.com/tag/equal-employment-opportunity-laws/)
- [government paralysis](https://www.ruderware.com/tag/government-paralysis/)
- [Federal Employment Protection](https://www.ruderware.com/tag/federal-employment-protection/)
- [public forum](https://www.ruderware.com/tag/public-forum/)
- [Wisconsin Institute for Public Policy and Service](https://www.ruderware.com/tag/wisconsin-institute-for-public-policy-and-service/)
- [The Blue Ink](https://www.ruderware.com/tag/the-blue-ink/)
- [LGBT](https://www.ruderware.com/tag/lgbt/)
- [flu shots](https://www.ruderware.com/tag/flu-shots/)
- [FMLA leave](https://www.ruderware.com/tag/fmla-leave/)
- [Walker v. Trinity Marine Products](https://www.ruderware.com/tag/walker-v-trinity-marine-products/)
- [FMLA](https://www.ruderware.com/tag/fmla/)
- [Ballard v. Chicago Park District](https://www.ruderware.com/tag/ballard-v-chicago-park-district/)
- [Dan Rather](https://www.ruderware.com/tag/dan-rather/)
- [R.E.M.](https://www.ruderware.com/tag/r-e-m/)
- [Griffin v. City of Portland](https://www.ruderware.com/tag/griffin-v-city-of-portland/)
- [hostile work environment](https://www.ruderware.com/tag/hostile-work-environment/)
- [Jesus Christ](https://www.ruderware.com/tag/jesus-christ/)
- [profanity](https://www.ruderware.com/tag/profanity/)
- [State of Oregon](https://www.ruderware.com/tag/state-of-oregon/)
- [Happy New Year?](https://www.ruderware.com/tag/happy-new-year/)
- [unemployment compensation](https://www.ruderware.com/tag/unemployment-compensation/)
- [indefinite leave](https://www.ruderware.com/tag/indefinite-leave/)
- [Pandora's box](https://www.ruderware.com/tag/pandoras-box/)
- [VCSP](https://www.ruderware.com/tag/vcsp/)
- [voluntary Classification Settlement Program](https://www.ruderware.com/tag/voluntary-classification-settlement-program/)
- [same-sex couples](https://www.ruderware.com/tag/same-sex-couples/)
- [tax blog](https://www.ruderware.com/tag/tax-blog/)
- [employee meals](https://www.ruderware.com/tag/employee-meals/)
- [employment relations commission](https://www.ruderware.com/tag/employment-relations-commission/)
- [labor relations](https://www.ruderware.com/tag/labor-relations/)
- [welcome](https://www.ruderware.com/tag/welcome/)
- [light duty accommodations](https://www.ruderware.com/tag/light-duty-accommodations/)
- [light duty for work related injuries](https://www.ruderware.com/tag/light-duty-for-work-related-injuries/)
- [no accommodation for non-work-related injuries](https://www.ruderware.com/tag/no-accommodation-for-non-work-related-injuries/)
- [violation of FMLA](https://www.ruderware.com/tag/violation-of-fmla/)
- [National Labor Relations Board](https://www.ruderware.com/tag/national-labor-relations-board/)
- [employee rights](https://www.ruderware.com/tag/employee-rights/)
- [company policy](https://www.ruderware.com/tag/company-policy/)
- [Nelson v. Oshkosh Truck Corp](https://www.ruderware.com/tag/nelson-v-oshkosh-truck-corp/)
- [Rockwell](https://www.ruderware.com/tag/rockwell/)
- [somebody's watching me](https://www.ruderware.com/tag/somebodys-watching-me/)
- [NLRB](https://www.ruderware.com/tag/nlrb/)
- [6th Circuit Court of Appeals](https://www.ruderware.com/tag/6th-circuit-court-of-appeals/)
- [min-bargaining](https://www.ruderware.com/tag/min-bargaining/)
- [mini-union](https://www.ruderware.com/tag/mini-union/)
- [arbitrate employment disputes](https://www.ruderware.com/tag/arbitrate-employment-disputes/)
- [employment agreements](https://www.ruderware.com/tag/employment-agreements/)
- [DISH Network](https://www.ruderware.com/tag/dish-network/)
- [Three's Company](https://www.ruderware.com/tag/threes-company/)
- [Excelsior list](https://www.ruderware.com/tag/excelsior-list/)
- [NLRB election rules](https://www.ruderware.com/tag/nlrb-election-rules/)
- [Quickie Election rule](https://www.ruderware.com/tag/quickie-election-rule/)
- [union organizing election legislation](https://www.ruderware.com/tag/union-organizing-election-legislation/)
- [Noel Canning v. NLRB](https://www.ruderware.com/tag/noel-canning-v-nlrb/)
- [non-disparagement language](https://www.ruderware.com/tag/non-disparagement-language/)
- [confidentiality](https://www.ruderware.com/tag/confidentiality/)
- [Northwestern University](https://www.ruderware.com/tag/northwestern-university/)
- [Players Association](https://www.ruderware.com/tag/players-association/)
- [union](https://www.ruderware.com/tag/union/)
- [quickie election](https://www.ruderware.com/tag/quickie-election/)
- [board quorum](https://www.ruderware.com/tag/board-quorum/)
- [union potential voters list](https://www.ruderware.com/tag/union-potential-voters-list/)
- [Quickie Elections](https://www.ruderware.com/tag/quickie-elections/)
- [union election process](https://www.ruderware.com/tag/union-election-process/)
- [25 days union election](https://www.ruderware.com/tag/25-days-union-election/)
- [proposed NLRB rule](https://www.ruderware.com/tag/proposed-nlrb-rule/)
- [recess appointments](https://www.ruderware.com/tag/recess-appointments/)
- [unconstitutional](https://www.ruderware.com/tag/unconstitutional/)
- [Register Guard](https://www.ruderware.com/tag/register-guard/)
- [union e-mail solicitation](https://www.ruderware.com/tag/union-e-mail-solicitation/)
- [Section 7](https://www.ruderware.com/tag/section-7/)
- [Section 7 of the NLRA](https://www.ruderware.com/tag/section-7-of-the-nlra/)
- [supervisors ineligible to vote](https://www.ruderware.com/tag/supervisors-ineligible-to-vote/)
- [voter eligibility](https://www.ruderware.com/tag/voter-eligibility/)
- [right to join](https://www.ruderware.com/tag/right-to-join/)
- [unions](https://www.ruderware.com/tag/unions/)
- [Roundy's](https://www.ruderware.com/tag/roundys/)
- [What Will the Future Bring?](https://www.ruderware.com/tag/what-will-the-future-bring/)
- [no quorum of board members](https://www.ruderware.com/tag/no-quorum-of-board-members/)
- [protected speech](https://www.ruderware.com/tag/protected-speech/)
- [Obesity as a disability](https://www.ruderware.com/tag/obesity-as-a-disability/)
- [wellness programs and obesity](https://www.ruderware.com/tag/wellness-programs-and-obesity/)
- [Wausau Daily Herald](https://www.ruderware.com/tag/wausau-daily-herald/)
- [micro-union](https://www.ruderware.com/tag/micro-union/)
- [reasonable accommodation](https://www.ruderware.com/tag/reasonable-accomodation/)
- [accommodating an employee](https://www.ruderware.com/tag/accommodating-an-employee/)
- [donning and doffing](https://www.ruderware.com/tag/donning-and-doffing/)
- [personal protective equipment](https://www.ruderware.com/tag/personal-protective-equipment/)
- [sexual discrimination](https://www.ruderware.com/tag/sexual-discrimination/)
- [title vii claim](https://www.ruderware.com/tag/title-vii-claim/)
- [supervisor](https://www.ruderware.com/tag/supervisor/)
- [Title VII of the Civil Rights Act of 1964](https://www.ruderware.com/tag/title-vii-of-the-civil-rights-act-of-1964/)
- [Vance v. Ball State](https://www.ruderware.com/tag/vance-v-ball-state/)
- [smoking gun](https://www.ruderware.com/tag/smoking-gun/)
- [too old too slow](https://www.ruderware.com/tag/too-old-too-slow/)
- [younger supervisor](https://www.ruderware.com/tag/younger-supervisor/)
- [affordable choice act](https://www.ruderware.com/tag/affordable-choice-act/)
- [SHOP](https://www.ruderware.com/tag/shop/)
- [Kathleen Sibelius](https://www.ruderware.com/tag/kathleen-sibelius/)
- [Tags](https://www.ruderware.com/tag/tags/)
- [benefits](https://www.ruderware.com/tag/benefits/)
- [trojan horse](https://www.ruderware.com/tag/trojan-horse/)
- [OSHA](https://www.ruderware.com/tag/osha/)
- [Wisconsin Act 10](https://www.ruderware.com/tag/wisconsin-act-10/)
- [Wisconsin Federal District Court](https://www.ruderware.com/tag/wisconsin-federal-district-court/)
- [American Medical Association](https://www.ruderware.com/tag/american-medical-association/)
- [caffein withdrawal](https://www.ruderware.com/tag/caffein-withdrawal/)
- [coffee](https://www.ruderware.com/tag/coffee/)
- [YouTube](https://www.ruderware.com/tag/youtube/)
- [Wisconsin Employment Relations Commission](https://www.ruderware.com/tag/wisconsin-employment-relations-commission/)
- [Peter Davis](https://www.ruderware.com/tag/peter-davis/)
- [State of Wisconsin](https://www.ruderware.com/tag/state-of-wisconsin/)
- [independent contractor status](https://www.ruderware.com/tag/independent-contractor-status/)
- [wage claims](https://www.ruderware.com/tag/wage-claims/)
- [Employment](https://www.ruderware.com/tag/employment/)
- [Leave of Absence](https://www.ruderware.com/tag/leave-of-absence/)
- [Notice Violations](https://www.ruderware.com/tag/notice-violations/)
- [WH-381](https://www.ruderware.com/tag/wh-381/)
- [WH-382](https://www.ruderware.com/tag/wh-382/)
- [tax](https://www.ruderware.com/tag/tax/)
- [public sector](https://www.ruderware.com/tag/public-sector/)
- [fringe benefits](https://www.ruderware.com/tag/fringe-benefits/)
- [taxation](https://www.ruderware.com/tag/taxation/)
- [2016 standard mileage rates](https://www.ruderware.com/tag/2016-standard-mileage-rates/)
- [EPA](https://www.ruderware.com/tag/epa/)
- [emissions](https://www.ruderware.com/tag/emissions/)
- [continuous](https://www.ruderware.com/tag/continuous/)
- [release](https://www.ruderware.com/tag/release/)
- [animal](https://www.ruderware.com/tag/animal/)
- [waste](https://www.ruderware.com/tag/waste/)
- [feeding](https://www.ruderware.com/tag/feeding/)
- [hazardous](https://www.ruderware.com/tag/hazardous/)
- [substances](https://www.ruderware.com/tag/substances/)
- [farmers](https://www.ruderware.com/tag/farmers/)
- [medical files hacked](https://www.ruderware.com/tag/medical-files-hacked/)
- [OCR](https://www.ruderware.com/tag/ocr/)
- [FQHC](https://www.ruderware.com/tag/fqhc/)
- [records breach](https://www.ruderware.com/tag/records-breach/)
- [HIPAA breach](https://www.ruderware.com/tag/hipaa-breach/)
- [wellness](https://www.ruderware.com/tag/wellness/)
- [settlement of lawsuit](https://www.ruderware.com/tag/settlement-of-lawsuit/)
- [transgender](https://www.ruderware.com/tag/transgender/)
- [civil rights complaint](https://www.ruderware.com/tag/civil-rights-complaint/)
- [discrimination on basis of gender identity](https://www.ruderware.com/tag/discrimination-on-basis-of-gender-identity/)
- [harassment guidance](https://www.ruderware.com/tag/harassment-guidance/)
- [harassment discrimination](https://www.ruderware.com/tag/harassment-discrimination/)
- [defenses to harassment claims](https://www.ruderware.com/tag/defenses-to-harassment-claims/)
- [necessity to be at workplace](https://www.ruderware.com/tag/necessity-to-be-at-workplace/)
- [work from home arrangements](https://www.ruderware.com/tag/work-from-home-arrangements/)
- [ACA final rules](https://www.ruderware.com/tag/aca-final-rules/)
- [orientation](https://www.ruderware.com/tag/orientation/)
- [qualified retirement plan](https://www.ruderware.com/tag/qualified-retirement-plan/)
- [401(k) plan](https://www.ruderware.com/tag/401k-plan/)
- [profit sharing plan](https://www.ruderware.com/tag/profit-sharing-plan/)
- [fiduciary duties](https://www.ruderware.com/tag/fiduciary-duties/)
- [directed trustee](https://www.ruderware.com/tag/directed-trustee/)
- [discretionary trustee](https://www.ruderware.com/tag/discretionary-trustee/)
- [fiduciary liability](https://www.ruderware.com/tag/fiduciary-liability/)
- [employee retirement income security act of 1974](https://www.ruderware.com/tag/employee-retirement-income-security-act-of-1974/)
- [concerted activity](https://www.ruderware.com/tag/concerted-activity/)
- [NLRB protection](https://www.ruderware.com/tag/nlrb-protection/)
- [fair labor standards act violations](https://www.ruderware.com/tag/fair-labor-standards-act-violations/)
- [compensable hours of work](https://www.ruderware.com/tag/compensable-hours-of-work/)
- [meal breaks](https://www.ruderware.com/tag/meal-breaks/)
- [Overtime Pay Exemption](https://www.ruderware.com/tag/overtime-pay-exemption/)
- [Salary Test](https://www.ruderware.com/tag/salary-test/)
- [misclassification](https://www.ruderware.com/tag/misclassification/)
- [agricultural employment law](https://www.ruderware.com/tag/agricultural-employment-law/)
- [exempt status](https://www.ruderware.com/tag/exempt-status/)
- [joint employment](https://www.ruderware.com/tag/joint-employment/)
- [test for joint employment](https://www.ruderware.com/tag/test-for-joint-employment/)
- [wage and hour law](https://www.ruderware.com/tag/wage-and-hour-law/)
- [overtime pay requirements](https://www.ruderware.com/tag/overtime-pay-requirements/)
- [payroll procedures](https://www.ruderware.com/tag/payroll-procedures/)
- [Wisconsin Act 286](https://www.ruderware.com/tag/wisconsin-act-286/)
- [Wisconsin exempt employees](https://www.ruderware.com/tag/wisconsin-exempt-employees/)
- [false claims act](https://www.ruderware.com/tag/false-claims-act/)
- [confidentiality agreements](https://www.ruderware.com/tag/confidentiality-agreements/)
- [whistleblower claims](https://www.ruderware.com/tag/whistleblower-claims/)
- [Fraud settlement](https://www.ruderware.com/tag/fraud-settelement/)
- [DOJ settlements](https://www.ruderware.com/tag/doj-settlements/)
- [opioid fraud](https://www.ruderware.com/tag/opioid-fraud/)
- [stark violation](https://www.ruderware.com/tag/stark-violation/)
- [investigation](https://www.ruderware.com/tag/investigation/)
- [repayment](https://www.ruderware.com/tag/repayment/)
- [identification](https://www.ruderware.com/tag/identification/)
- [60-day](https://www.ruderware.com/tag/60-day/)
- [civil penalties](https://www.ruderware.com/tag/civil-penalties/)
- [false billing](https://www.ruderware.com/tag/false-billing/)
- [fraudulent billing](https://www.ruderware.com/tag/fraudulent-billing/)
- [reverse false claim](https://www.ruderware.com/tag/reverse-false-claim/)
- [medicare overpayment](https://www.ruderware.com/tag/medicare-overpayment/)
- [Lincolns law](https://www.ruderware.com/tag/lincolns-law/)
- [farm lawsuit](https://www.ruderware.com/tag/farm-lawsuit/)
- [preserve evidence](https://www.ruderware.com/tag/preserve-evidence/)
- [wisconsin small claims](https://www.ruderware.com/tag/wisconsin-small-claims/)
- [overwriting](https://www.ruderware.com/tag/overwriting/)
- [automatic deleting](https://www.ruderware.com/tag/automatic-deleting/)
- [farm succession planning](https://www.ruderware.com/tag/farm-successoin-planning/)
- [stock-restriction agreement](https://www.ruderware.com/tag/stock-restriction-agreement/)
- [buy-sell agreement](https://www.ruderware.com/tag/buy-sell-agreement/)
- [willing the farm](https://www.ruderware.com/tag/willing-the-farm/)
- [farm future](https://www.ruderware.com/tag/farm-future/)
- [farmer estate planning](https://www.ruderware.com/tag/farmer-estate-planning/)
- [FBAR](https://www.ruderware.com/tag/fbar/)
- [Foreign Bank and Financial Accounts Report](https://www.ruderware.com/tag/foreign-bank-and-financial-accounts-report/)
- [Foreign financial account](https://www.ruderware.com/tag/foreign-financial-account/)
- [tax return due date](https://www.ruderware.com/tag/tax-return-due-date/)
- [foreign bank account](https://www.ruderware.com/tag/foreign-bank-account/)
- [FinCEN](https://www.ruderware.com/tag/fincen/)
- [risk management](https://www.ruderware.com/tag/risk-management/)
- [internal controls](https://www.ruderware.com/tag/internal-controls/)
- [safety and soundness](https://www.ruderware.com/tag/safety-and-soundness/)
- [bonuses](https://www.ruderware.com/tag/bonuses/)
- [compensation arrangements](https://www.ruderware.com/tag/compensation-arrangements/)
- [incentive compensation arrangements](https://www.ruderware.com/tag/incentive-compensation-arrangements/)
- [Dodd-Frank](https://www.ruderware.com/tag/dodd-frank/)
- [covered employees](https://www.ruderware.com/tag/covered-employees/)
- [OCC](https://www.ruderware.com/tag/occ/)
- [Federal Reserve](https://www.ruderware.com/tag/federal-reserve/)
- [regulatory capital rules](https://www.ruderware.com/tag/regulatory-capital-rules/)
- [CSBS](https://www.ruderware.com/tag/csbs/)
- [Conference of State Bank Supervisors](https://www.ruderware.com/tag/conference-of-state-bank-supervisors/)
- [proposed regulatory capital rule](https://www.ruderware.com/tag/proposed-regulatory-capital-rule/)
- [community bank](https://www.ruderware.com/tag/community-bank/)
- [examination](https://www.ruderware.com/tag/examination/)
- [Treasury](https://www.ruderware.com/tag/treasury/)
- [merger](https://www.ruderware.com/tag/merger/)
- [acquisition](https://www.ruderware.com/tag/acquisition/)
- [bank](https://www.ruderware.com/tag/bank/)
- [financial institution](https://www.ruderware.com/tag/financial-institution/)
- [extended](https://www.ruderware.com/tag/extended/)
- [cycle](https://www.ruderware.com/tag/cycle/)
- [credit union](https://www.ruderware.com/tag/credit-union/)
- [Janet Yellen](https://www.ruderware.com/tag/janet-yellen/)
- [Inflation](https://www.ruderware.com/tag/inflation/)
- [rising incomes](https://www.ruderware.com/tag/rising-incomes/)
- [Senate Committee on Banking](https://www.ruderware.com/tag/senate-committee-on-banking/)
- [interest rates](https://www.ruderware.com/tag/interest-rates/)
- [Federal funds rate](https://www.ruderware.com/tag/federal-funds-rate/)
- [Filip factors](https://www.ruderware.com/tag/filip-factors/)
- [compliance program effectiveness](https://www.ruderware.com/tag/compliance-program-effectiveness/)
- [DOJ standards](https://www.ruderware.com/tag/doj-standards/)
- [sentencing guidelines](https://www.ruderware.com/tag/sentencing-guidelines/)
- [effectiveness standards](https://www.ruderware.com/tag/effectiveness-standards/)
- [compliance policies](https://www.ruderware.com/tag/compliance-policies/)
- [DOJ enforcement](https://www.ruderware.com/tag/doj-enforcement/)
- [first amendment rights](https://www.ruderware.com/tag/first-amendment-rights/)
- [Display of tattoos](https://www.ruderware.com/tag/display-of-tattoos/)
- [freedom of speech](https://www.ruderware.com/tag/freedom-of-speech/)
- [government restrictions](https://www.ruderware.com/tag/government-restrictions/)
- [independent contractors](https://www.ruderware.com/tag/independent-contractors/)
- [worker classification](https://www.ruderware.com/tag/worker-classification/)
- [DOL administrative interpretation](https://www.ruderware.com/tag/dol-administrative-interpretation/)
- [overtime eligibility](https://www.ruderware.com/tag/overtime-eligibility/)
- [minimum salary threshold](https://www.ruderware.com/tag/minimum-salary-threshold/)
- [Baseball Agent](https://www.ruderware.com/tag/baseball-agent/)
- [Senne v. Office of the Commissioner of Baseball](https://www.ruderware.com/tag/senne-v-office-of-the-commissioner-of-baseball/)
- [Overtime](https://www.ruderware.com/tag/overtime/)
- [Whistleblower](https://www.ruderware.com/tag/whistleblower/)
- [FCA](https://www.ruderware.com/tag/fca/)
- [relator](https://www.ruderware.com/tag/relator/)
- [department of justice](https://www.ruderware.com/tag/department-of-justice/)
- [Michael Granston](https://www.ruderware.com/tag/michael-granston/)
- [Same-sex](https://www.ruderware.com/tag/same-sex/)
- [Gay Marriage](https://www.ruderware.com/tag/gay-marriage/)
- [Wisconsin FMLA](https://www.ruderware.com/tag/wisconsin-fmla/)
- [physician extenders](https://www.ruderware.com/tag/physician-extenders/)
- [60-day repayment rule](https://www.ruderware.com/tag/60-day-repayment-rule/)
- [tel-dermatology](https://www.ruderware.com/tag/tel-dermatology/)
- [whistleblower risks](https://www.ruderware.com/tag/whistleblower-risks/)
- [grievance](https://www.ruderware.com/tag/grievance/)
- [appropriate remedy](https://www.ruderware.com/tag/appropriate-remedy/)
- [suspension](https://www.ruderware.com/tag/suspension/)
- [guardianship](https://www.ruderware.com/tag/guradianship/)
- [incapacitated](https://www.ruderware.com/tag/incapacitated/)
- [disabled child](https://www.ruderware.com/tag/disabled-child/)
- [guardian of the estate](https://www.ruderware.com/tag/guardian-of-the-estate/)
- [guardian ad litem](https://www.ruderware.com/tag/guardian-ad-litem/)
- [uncontested guardianship](https://www.ruderware.com/tag/uncontested-guardianship/)
- [antitrust](https://www.ruderware.com/tag/antitrust/)
- [dog](https://www.ruderware.com/tag/dog/)
- [nigro](https://www.ruderware.com/tag/nigro/)
- [delrahim](https://www.ruderware.com/tag/delrahim/)
- [anti-competitive](https://www.ruderware.com/tag/anti-competitive/)
- [decree](https://www.ruderware.com/tag/decree/)
- [no poaching](https://www.ruderware.com/tag/no-poaching/)
- [price-fixing](https://www.ruderware.com/tag/price-fixing/)
- [licensing](https://www.ruderware.com/tag/licensing/)
- [consent](https://www.ruderware.com/tag/consent/)
- [health insurance](https://www.ruderware.com/tag/health-insurance/)
- [Narrow network](https://www.ruderware.com/tag/narrow-network/)
- [exclusive contract](https://www.ruderware.com/tag/exclusive-contract/)
- [antitrust claim](https://www.ruderware.com/tag/antitrust-claim/)
- [restrictive contracts](https://www.ruderware.com/tag/restrictive-contracts/)
- [health care market](https://www.ruderware.com/tag/health-care-market/)
- [Health Savings Account](https://www.ruderware.com/tag/health-savings-account/)
- [HSA](https://www.ruderware.com/tag/hsa/)
- [Cost of Living](https://www.ruderware.com/tag/cost-of-living/)
- [HHS](https://www.ruderware.com/tag/hhs/)
- [Federal civil penalties](https://www.ruderware.com/tag/federal-civil-penalties/)
- [inflation adjustment act improvements act of 2015](https://www.ruderware.com/tag/inflation-adjustment-act-improvments-act-of-2015/)
- [breach assessment](https://www.ruderware.com/tag/breach-assessment/)
- [HIPAA compromise](https://www.ruderware.com/tag/hipaa-compromise/)
- [breach policies](https://www.ruderware.com/tag/breach-policies/)
- [HIPAA bias](https://www.ruderware.com/tag/hipaa-bias/)
- [disclosure triage](https://www.ruderware.com/tag/disclosure-triage/)
- [HIPAA preemption](https://www.ruderware.com/tag/hipaa-preemption/)
- [mental health records](https://www.ruderware.com/tag/mental-health-records/)
- [HIPAA](https://www.ruderware.com/tag/hipaa/)
- [settlement](https://www.ruderware.com/tag/settlement/)
- [hybrid entity](https://www.ruderware.com/tag/hybrid-entity/)
- [malware HIPAA](https://www.ruderware.com/tag/malware-hipaa/)
- [firewall](https://www.ruderware.com/tag/firewall/)
- [hiring decision](https://www.ruderware.com/tag/hiring-decision/)
- [discrimination law](https://www.ruderware.com/tag/discriminatin-law/)
- [asking about prior salary](https://www.ruderware.com/tag/asking-about-prior-salary/)
- [asking about prior convictions](https://www.ruderware.com/tag/asking-about-prior-convictions/)
- [interviewing job applicants](https://www.ruderware.com/tag/interviewing-job-applicants/)
- [hospice certification](https://www.ruderware.com/tag/hospice-certification/)
- [fraud](https://www.ruderware.com/tag/fraud/)
- [election hospice care](https://www.ruderware.com/tag/election-hospice-care/)
- [OIG report](https://www.ruderware.com/tag/oig-report/)
- [hospice compliance](https://www.ruderware.com/tag/hospice-compliance/)
- [second circuit court of appeals](https://www.ruderware.com/tag/second-circuit-court-of-appeals/)
- [racial harassment](https://www.ruderware.com/tag/racial-harassment/)
- [House Joint Resolution 111](https://www.ruderware.com/tag/house-joint-resolution-111/)
- [Arbitration Rule](https://www.ruderware.com/tag/arbitration-rule/)
- [CPFB](https://www.ruderware.com/tag/cpfb/)
- [Congressional Review Act](https://www.ruderware.com/tag/congressional-review-act/)
- [IME](https://www.ruderware.com/tag/ime/)
- [Wisconsin Worker's Compensation](https://www.ruderware.com/tag/wisconsin-workers-compensation/)
- [good faith](https://www.ruderware.com/tag/good-faith/)
- [invasive treatment](https://www.ruderware.com/tag/invasive-treatment/)
- [incident to](https://www.ruderware.com/tag/incident-to/)
- [billing rules](https://www.ruderware.com/tag/billing-rules/)
- [physician billing](https://www.ruderware.com/tag/physician-billing/)
- [income tax credits](https://www.ruderware.com/tag/income-tax-credits/)
- [illegal taxes](https://www.ruderware.com/tag/illegal-taxes/)
- [excise tax](https://www.ruderware.com/tag/excise-tax/)
- [fifth amendment](https://www.ruderware.com/tag/fifth-amendment/)
- [supremacy clause](https://www.ruderware.com/tag/supremacy-clause/)
- [inpatient rehabilitation](https://www.ruderware.com/tag/inpatient-rehabilitation/)
- [admission](https://www.ruderware.com/tag/admission/)
- [face-to-face](https://www.ruderware.com/tag/face-to-face/)
- [PAPE](https://www.ruderware.com/tag/pape/)
- [post admission physician examination](https://www.ruderware.com/tag/post-admission-physician-examination/)
- [inquiry notice](https://www.ruderware.com/tag/inquiry-notice/)
- [lender duty to inquire](https://www.ruderware.com/tag/lender-duty-to-inquire/)
- [illegal pledge](https://www.ruderware.com/tag/illegal-pledge/)
- [borrower misconduct](https://www.ruderware.com/tag/borrower-misconduct/)
- [collateral](https://www.ruderware.com/tag/collateral/)
- [fraudulent transfer](https://www.ruderware.com/tag/fraudulent-transfer/)
- [insurance claims](https://www.ruderware.com/tag/insurance-claims/)
- [report claim](https://www.ruderware.com/tag/report-claim/)
- [insurance denial](https://www.ruderware.com/tag/insurance-denial/)
- [farm insurance](https://www.ruderware.com/tag/farm-insurance/)
- [estate planning](https://www.ruderware.com/tag/estate-planning/)
- [probate](https://www.ruderware.com/tag/probate/)
- [beneficiaries](https://www.ruderware.com/tag/beneficiaries/)
- [personal representative](https://www.ruderware.com/tag/personal-representative/)
- [IRS code section 107(2)](https://www.ruderware.com/tag/irs-code-section-1072/)
- [Minister of the Gospel](https://www.ruderware.com/tag/minister-of-the-gospel/)
- [Freedom From Religion Foundation](https://www.ruderware.com/tag/freedom-from-religion-foundation/)
- [Relious leaders housing allowance](https://www.ruderware.com/tag/relious-leaders-housing-allowance/)
- [IRS Mileage 2015](https://www.ruderware.com/tag/irs-mileage-2015/)
- [mileage reimbursement](https://www.ruderware.com/tag/mileage-reimbursement/)
- [standard mileage rate](https://www.ruderware.com/tag/standard-mileage-rate/)
- [Cost of Living Increases](https://www.ruderware.com/tag/cost-of-living-increases/)
- [Social Security Taxable Wage Base](https://www.ruderware.com/tag/social-security-taxable-wage-base/)
- [Internal Revenue Service](https://www.ruderware.com/tag/internal-revenue-service/)
- [2015 standard mileage rates](https://www.ruderware.com/tag/2015-standard-mileage-rates/)
- [2019 mileage rate](https://www.ruderware.com/tag/2019-mileage-rate/)
- [standard mileage rates](https://www.ruderware.com/tag/standard-mileage-rates/)
- [business transportation](https://www.ruderware.com/tag/business-transportation/)
- [Qualified Plan Limits](https://www.ruderware.com/tag/qualified-plan-limits/)
- [regulations](https://www.ruderware.com/tag/regulations/)
- [TCJA](https://www.ruderware.com/tag/tcja/)
- [Tax Cuts and Jobs Act](https://www.ruderware.com/tag/tax-cuts-and-jobs-act/)
- [State and local tax](https://www.ruderware.com/tag/state-and-local-tax/)
- [tax deductions](https://www.ruderware.com/tag/tax-deductions/)
- [federal income tax](https://www.ruderware.com/tag/federal-income-tax/)
- [Hudson, WI](https://www.ruderware.com/tag/hudson-wi/)
- [employment lawyer](https://www.ruderware.com/tag/employment-lawyer/)
- [Justice Scalia](https://www.ruderware.com/tag/justice-scalia/)
- [SCOTUS](https://www.ruderware.com/tag/scotus/)
- [Marathon County](https://www.ruderware.com/tag/marathon-county/)
- [meaningful use](https://www.ruderware.com/tag/meaningful-use/)
- [stage 2](https://www.ruderware.com/tag/stage-2/)
- [deadline](https://www.ruderware.com/tag/deadline/)
- [health care blog](https://www.ruderware.com/tag/health-care-blog/)
- [EHR implementation](https://www.ruderware.com/tag/ehr-implementation/)
- [Medicaid overpayment](https://www.ruderware.com/tag/medicaid-overpayment/)
- [repayment to Medicaid](https://www.ruderware.com/tag/repayment-to-medicaid/)
- [60-day rule](https://www.ruderware.com/tag/60-day-rule/)
- [look-back period](https://www.ruderware.com/tag/look-back-period/)
- [Medicaid lookback](https://www.ruderware.com/tag/medicaid-lookback/)
- [Medicaid self disclosure](https://www.ruderware.com/tag/medicaid-self-disclosure/)
- [nursing home](https://www.ruderware.com/tag/nursing-home/)
- [Medical Assistance](https://www.ruderware.com/tag/medical-assistance/)
- [Long-term care](https://www.ruderware.com/tag/long-term-care/)
- [look-back](https://www.ruderware.com/tag/look-back/)
- [safe harbor](https://www.ruderware.com/tag/safe-harbor/)
- [transportation](https://www.ruderware.com/tag/transportation/)
- [messenger model](https://www.ruderware.com/tag/messenger-model/)
- [health care contracting](https://www.ruderware.com/tag/health-care-contracting/)
- [antitrust laws](https://www.ruderware.com/tag/antitrust-laws/)
- [Michigan Opioid](https://www.ruderware.com/tag/michigan-opioid/)
- [Opioid prescribing](https://www.ruderware.com/tag/opioid-prescribing/)
- [opioid compliance](https://www.ruderware.com/tag/opioid-compliance/)
- [Michigan law](https://www.ruderware.com/tag/michigan-law/)
- [opioid prescription standards](https://www.ruderware.com/tag/opioid-prescription-standards/)
- [controlled substances](https://www.ruderware.com/tag/controlled-substances/)
- [licensed prescribers](https://www.ruderware.com/tag/licensed-prescribers/)
- [bona-fide prescriber relationship x](https://www.ruderware.com/tag/bona-fide-prescriber-relationship-x/)
- [Taxes](https://www.ruderware.com/tag/taxes/)
- [mileage rate](https://www.ruderware.com/tag/mileage-rate/)
- [misconduct](https://www.ruderware.com/tag/misconduct/)
- [Mixed motive](https://www.ruderware.com/tag/mixed-motive/)
- [arrest record discrimination](https://www.ruderware.com/tag/arrest-record-discrimination/)
- [money manager](https://www.ruderware.com/tag/money-manager/)
- [properties](https://www.ruderware.com/tag/properties/)
- [emergency money list](https://www.ruderware.com/tag/emergency-money-list/)
- [National Labor Relations Act](https://www.ruderware.com/tag/national-labor-relations-act/)
- [Strike](https://www.ruderware.com/tag/strike/)
- [Labor-relations Attorney](https://www.ruderware.com/tag/labor-relations-attorney/)
- [administrative law judge](https://www.ruderware.com/tag/administrative-law-judge/)
- [Riccelli](https://www.ruderware.com/tag/riccelli/)
- [successor](https://www.ruderware.com/tag/successor/)
- [purchase](https://www.ruderware.com/tag/purchase/)
- [unionized company](https://www.ruderware.com/tag/unionized-company/)
- [deferral to grievance arbitration](https://www.ruderware.com/tag/deferral-to-grievance-arbitration/)
- [supervisory status](https://www.ruderware.com/tag/supervisory-status/)
- [exercise of discretion](https://www.ruderware.com/tag/exercise-of-discretion/)
- [supervisors](https://www.ruderware.com/tag/supervisors/)
- [confidentiality rule](https://www.ruderware.com/tag/confidentiality-rule/)
- [Section 7 rights](https://www.ruderware.com/tag/section-7-rights/)

## Video Categories

- [Medicaid Minute](https://www.ruderware.com/video_categories/medicaid-minute/)
- [Turning 100](https://www.ruderware.com/video_categories/turning-100/)
- [Estate Planning](https://www.ruderware.com/video_categories/estate-planning/)