SR Short Reports

Got Brownfields? The State has grants to help. February 11th, 2013 There are a number of state grant programs in Wisconsin that can assist your municipality with site assessments and preparing the property to be shovel-ready. For example, the Wisconsin Economic Development Corporation has recently funded a number of projects described in this Short Report. Federal Court of Appeals Upholds Act 10 January 21st, 2013 On Friday, January 18, 2013 the federal 7th Circuit Court of Appeals upheld the constitutionality of Act 10 in its entirety. Act 10 Update September 17th, 2012 On Friday, September 14, the long running saga surrounding Acts 10 and 32 took another turn as a Dane County Circuit Court judge ruled that many provisions of the acts are unconstitutional and, therefore, “null and void.” The case will undoubtedly be appealed, so this decision won’t be the last word. The state has also announced that it will attempt to have the decision stayed while it is being appealed. A decision on the stay issue should be forthcoming shortly. Parts of Collective Bargaining Legislation Struck Down April 2nd, 2012 On Friday, March 30, 2012, the United States District Court for the Western District of Wisconsin struck down two key provisions of Wisconsin’s new public sector collective bargaining law. Importantly, however, the Court left in place all of the bargaining restrictions, thus severely limiting what a Union can ask to bargain over. Changes May Be Necessary to Local Zoning Rules Regarding Wireless Facilities March 30th, 2012 As part of the Middle Class Tax Relief and Job Creation Act of 2011, recently passed by Congress and signed into law by President Obama, municipalities are required to approve certain applications for modification of “an existing wireless tower or base station.” WERC Guidance on Budget Bill’s Health Insurance “Plan Design” Collective Bargaining Restrictions February 27th, 2012 In a closely watched case, a divided Wisconsin Employment Relations Commission (WERC) held that a police association’s attempt to bargain over a health insurance plan’s deductibles was prohibited under language included in the new Budget Bill. New DNR Permits for Application of Pesticides To or Near Waterways December 6th, 2011 On October 31, 2011 the Department of Natural Resources (DNR) issued general permits covering the application of pesticides to or near waters of the State under the Clean Water Act. Understanding the Impact of the WRS Changes November 25th, 2011 While it’s been only a couple of months since the Budget Repair Bill and the State Budget became law, there is already an important arbitration decision on police contributions to the Wisconsin Retirement System (WRS) and some changes to the WRS employee categories. This short report addresses these issues and ends with a short word on the upcoming union representation elections. Exempt from Overtime? Think Twice. July 21st, 2011 A general overview of the main categories of overtime exemptions under state and federal law and an explanation of the consequences of misclassifying employees as exempt. The Budget and Budget Repair Bills July 5th, 2011 Act 10, commonly referred to as the Budget Repair Bill, finally became effective on June 29, 2011. Combined with certain provisions of Act 32, the state Budget Bill, it is truly a new day for public sector labor relations in Wisconsin. The Budget Repair Bill March 10th, 2011 Following yesterday’s dramatic developments in the State Senate, the Legislature appears poised to pass Special Session SB 11/AB 11, commonly referred to as the Budget Repair Bill. As you are all undoubtedly aware, the legislation dramatically impacts public sector labor relations in Wisconsin. Tax Law Update January 19th, 2011 The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 has changed the law relating to estate and gift taxes. Notices Required by the Health Care Reform Act November 18th, 2010 Under the Patient Protection and Affordable Care Act, group health plans or issuers of insurance coverage must provide certain notices to health plan participants, and in some cases, to all employees Subdivision Platting Requirements Changed November 15th, 2010 The Wisconsin Legislature made a number of changes to the subdivision platting requirements contained in Chapter 236 of the Wisconsin Statutes, including limiting a municipality’s authority to deviate from time limits and other requirements contained in the statutes. Health Care Reform Act Notices Update—Insurers and Timing November 4th, 2010 This Short Report answers questions about notices that group health plans are required to provide under the Patient Protection and Affordable Care Act (PPACA). Notices Required by the Health Care Reform Act November 3rd, 2010 Under the Patient Protection and Affordable Care Act (PPACA), group health plans or issuers of insurance coverage (typically, insurers) must provide certain notices to health plan participants, and in some cases, to all employees. Wisconsin Fair Employment Act Expanded To Provide Additional Protection To Employees August 20th, 2010 Recently enacted legislation provides additional protection to employees under the Wisconsin Fair Employment Act. Updating Handbooks to Include Break Time for Nursing Mothers July 22nd, 2010 Most employers are aware that federal law now requires them to provide a reasonable amount of unpaid break time to a nursing mother to express milk. Many, however, have yet to amend their handbooks to include a policy reflecting the federal law. Updating Handbooks to Include Break Time for Nursing Mothers July 22nd, 2010 Most employers are aware that federal law now requires them to provide a reasonable amount of unpaid break time to a nursing mother to express milk. Many, however, have yet to amend their handbooks to include a policy reflecting the federal law. Low Speed Vehicles on Highways May 18th, 2010 A bill signed into law on March 12, 2010 amends the law governing operation of Low-Speed Vehicles on certain highways, and gives municipalities some authority over this issue. Changes to TID Administrative Procedures May 17th, 2010 A new law signed March 12, 2010 changes several administrative procedures that apply to tax incremental districts, including how the 12 percent test is calculated. Help for Distressed Tax Incremental Districts May 14th, 2010 Legislation was signed into law on May 12, 2010 that allows a municipality to designate a tax incremental district as a distressed or severely distressed district by resolution, thereby extending its receipt of positive increment over a longer lifetime. COBRA Premium Subsidy Period Extended to May 31, 2010 May 3rd, 2010 President Obama signed the Continuing Extension Act of 2010 that extends the 15-month COBRA premium subsidy program. 2009 Wisconsin Act 173 Creates Consistency and Clarity March 24th, 2010 The recently enacted 2009 Wisconsin Act 173 modifies numerous statutes related to compensation of elected officials, the bidding procedure for public works contracts and restrictions on contracts for police services. COBRA Subsidy Eligibility Extended March 15th, 2010 On March 2, 2010, President Obama signed the Temporary Extension Act of 2010 that extends the COBRA subsidy eligibility period to include individuals who are involuntarily terminated on or before March 31, 2010. COBRA Subsidy Eligibility Extended March 9th, 2010 On March 2, 2010, President Obama signed the Temporary Extension Act of 2010 , which extends the COBRA subsidy eligibility period to include individuals who are involuntarily terminated on or before March 31, 2010. COBRA Subsidy Extended January 11th, 2010 On December 19, 2009, President Obama signed legislation extending the COBRA subsidy rights created earlier this year by the American Recovery and Reinvestment Act. COBRA Subsidy Extended December 29th, 2009 On December 19, 2009, President Obama signed legislation extending the COBRA subsidy rights created earlier this year by the American Recovery and Reinvestment Act. Municipalities May Prolong the Use of Positive Environmental Remediation Tax Increment November 25th, 2009 Under a new law, a municipality may donate positive tax increment from an existing environmental remediation tax incremental district (ERTID) to another ERTID created by the same municipality, even after all eligible costs from the donor ERTID have been recovered. FMLA Coverage Expanded for Family Members of Military Service Personnel November 16th, 2009 Employers may need to revise their Family Medical Leave Act (FMLA) policies to reflect an expansion in coverage to family members of military service personnel. FMLA Coverage Expanded for Family Members of Military Service Personnel November 13th, 2009 Employers may need to revise their Family Medical Leave Act (FMLA) policies to reflect an expansion in coverage to family members of military service personnel. Genetic Information Non-Discrimination Act Becomes Effective November 21, 2009 November 10th, 2009 The federal Genetic Information Non-Discrimination Act (GINA) was enacted in 2008 to prevent discrimination in the workplace on the basis of genetic information. However, the effective date of the law was delayed. The workplace discrimination provisions will be effective November 21, 2009. Genetic Information Non-Discrimination Act Becomes Effective November 21, 2009 November 9th, 2009 The federal Genetic Information Non-Discrimination Act (GINA) workplace discrimination provisions will be effective November 21, 2009. Wisconsin’s FMLA – Employees Are Now Entitled to Family Leave to Care for Domestic Partners July 10th, 2009 Employees are now entitled to take up to two weeks of unpaid leave per year under the Wisconsin Family and Medical Leave Act to care for domestic partners with serious health conditions. Wisconsin Increases Financial Exposure to Employers for Employment Discrimination Claims June 19th, 2009 Under a new law, Wisconsin judges will be able to force Wisconsin employers to pay compensatory and punitive damages to employees who win discrimination claims before the Equal Rights Division. Department of Labor Issues Model COBRA Notices March 19th, 2009 Today the US Department of Labor issued revised COBRA notices which are intended to help employers comply with the new COBRA provisions of the American Recovery and Reinvestment Act. How Municipalities May Apply For Federal Economic Stimulus Funding March 12th, 2009 portion of the funding from the American Recovery and Reinvestment Act of 2009 will go towards job creation and infrastructure projects that are “shovel-ready,” in other words, projects that are already in progress and ready to start construction in the next few months. American Recovery and Reinvestment Act of 2009 Imposes New COBRA Burdens on Employers March 10th, 2009 The American Recovery and Reinvestment Act of 2009, signed by President Obama on February 17, 2009, imposes new obligations related to COBRA or Wisconsin’s continuation of coverage law on employers. The New COBRA Subsidy Law – Action Steps March 5th, 2009 In our last Short Report, we outlined some of the key points of the new COBRA subsidy provisions in the American Recovery and Reinvestment Act of 2009. In this Short Report, we outline some of the steps employers should take to prepare for and implement those provisions. American Recovery and Reinvestment Act of 2009 Imposes New COBRA Burdens on Employers February 19th, 2009 The American Recovery and Reinvestment Act of 2009, signed by President Obama on February 17, 2009, imposes new COBRA-related obligations on employers. Under the Act, eligible individuals who are involuntarily terminated will only have to pay a small portion of their COBRA premiums and employers must, at least initially, pay the remainder of the premium cost. Federal Legislative Update February 12th, 2009 Washington is moving fast on a couple of high-profile employment-related laws that will significantly expand employer liability.