Filed Under: Business Law Government Law
COVID-19 Client Alert: U.S. DOJ Urges Public to Report COVID-19 Fraud
On March 20, 2020, Attorney General William P. Barr urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at disaster@leo.gov. Last week, Attorney General Barr directed all U.S. Attorneys to prioritize the investigation and prosecution […]
Filed Under: Business Law
COVID-19 Client Alert: FDIC and Treasury Department Warn of Increase in Fraudulent Activity
On March 18, the Federal Deposit Insurance Corporation (FDIC) warned that amidst the anxiety surrounding COVID-19, there has been increased fraudulent activity by imposters pretending to be FDIC representatives in order to access personal account information. The scams involve a range of communication means including emails, phone calls, letters, text messages, faxes, and social media. […]
Filed Under: Appellate Law Business Law Litigation
Supreme Court Finds Unexpected Difference between Corporations and Limited Liability Companies
In Marx v. Morris, 2019 WI 34, the Wisconsin Supreme Court interpreted the Wisconsin LLC Act in an unexpected way. Specifically, Marx held that LLC members may bring suit in their capacity as members, instead of on behalf of the LLC, against other members, even when the harm alleged is primarily to the LLC. This deviates from corporate […]
Filed Under: Business Law
Wisconsin Issues Emergency Rule Implementing Wayfair Requiring Internet Sellers to Collect Sales Tax
On September 6, 2018, the Wisconsin Department of Revenue (“WDOR”) issued Emergency Rule 1819 requiring out-of-state internet sellers to collect and remit Wisconsin sales taxes if the seller’s sales or number of transactions exceed the substantial nexus thresholds upheld by the U.S. Supreme Court in its June 21, 2018 decision in South Dakota v. Wayfair, […]
Filed Under: Business Law
Listing Contracts: Sellers Beware
Under Wisconsin’s standard listing contract forms, a seller may owe a commission to a broker even if the sale of the property does not close. However, a well-drafted contract can change that, should a seller so desire. Listing contracts. Many sellers believe a broker’s commission is earned only upon the closing of the sale of […]
Filed Under: Business Law
Exempt from Overtime? Think Twice.
Salaried employees don’t get paid overtime, right? Not necessarily. Paying employees on a salary basis is not sufficient to provide a legal exemption from having to pay overtime. This Short Report provides a general overview of the main categories of overtime exemptions under state and federal law and an explanation of the consequences of misclassifying […]
Filed Under: Business Law
Health Care Reform Act Notices Update—Insurers and Timing
Our last Short Report addressing notices that group health plans are required to provide under the Patient Protection and Affordable Care Act (PPACA) prompted the following questions from a couple of our readers: What should they do if they learn that their insurer intends to provide some or all of the required notices—do they have […]
Filed Under: Business Law
Notices Required by the Health Care Reform Act
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. For most plans—those that are calendar year plans—these obligations must be met on or before January 1, 2011. Employer Obligations What […]
Filed Under: Business Law
Wisconsin Fair Employment Act Expanded To Provide Additional Protection To Employees
Recently enacted legislation provides additional protection to employees under the Wisconsin Fair Employment Act. The new law prohibits discrimination against an employee who declines to attend an employer-sponsored meeting or participate in any communication with an employer if the primary purpose of the meeting or communication is to convey opinions about religious or political matters. […]
Filed Under: Business Law Employment & Labor Law
Updating Handbooks to Include Break Time for Nursing Mothers
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. This simple step should be done to ensure that employees are on notice […]
Filed Under: Business Law
COBRA Premium Subsidy Period Extended to May 31, 2010
President Obama signed the Continuing Extension Act of 2010 (H.R. 2851) that extends the 15-month COBRA premium subsidy program. Under this extension, an individual may qualify for the subsidy if he or she experiences a COBRA qualifying event, which is the involuntary termination of a covered employee’s employment, at any time from September 1, 2008 […]
Filed Under: Business Law
COBRA Subsidy Eligibility Extended
On March 2, 2010, President Obama signed the Temporary Extension Act of 2010 (the “Act”). The Act extends the COBRA subsidy eligibility period to include individuals who are involuntarily terminated on or before March 31, 2010. The Act also, among other things, makes the following changes to the COBRA subsidy law first established in 2008 […]
Filed Under: Business Law
COBRA Subsidy Extended
On December 19, 2009, President Obama signed legislation extending the COBRA subsidy rights created earlier this year by the American Recovery and Reinvestment Act (“ARRA”). The key COBRA subsidy provisions of the new legislation, including important dates for providing notice, are provided below. Expanded Eligibility Period Employees covered by a health care plan who are […]
Filed Under: Business Law
FMLA Coverage Expanded for Family Members of Military Service Personnel
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. In 2008, the National Defense Authorization Act granted FMLA protections to family members of military service personnel. The recently signed 2010 National Defense Authorization Act expands this coverage. Expanded Exigency […]
Filed Under: Business Law
Wisconsin’s FMLA – Employees Are Now Entitled to Family Leave to Care for Domestic Partners
Employees are now entitled to take up to two (2) weeks of unpaid leave per year under the Wisconsin Family and Medical Leave Act (WFMLA) to care for domestic partners with serious health conditions. The entitlement was added to the WFMLA by the budget bill, which was signed by Governor Doyle on June 29, 2009 […]
Filed Under: Business Law
Wisconsin Increases Financial Exposure to Employers for Employment Discrimination Claims
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. Prior to this law, employees could only obtain “make whole relief,” which is generally limited to back pay, front pay, and attorneys’ fees. The new […]
Filed Under: Business Law
Department of Labor Issues Model COBRA Notices
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. The notices can be found at https://www.dol.gov/ebsa/COBRAmodelnotice.html. The key deadlines regarding the notices were detailed in our earlier Short Reports, American Recovery and Reinvestment Act of […]
Filed Under: Business Law Employment & Labor Law
The New COBRA Subsidy Law – Action Steps
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. Brief Review The Act provides for a 65% […]
Filed Under: Business Law
American Recovery and Reinvestment Act of 2009 Imposes New COBRA Burdens on Employers
Subsidy, Tax Credit and Reimbursement Under the Act, eligible individuals who elect continuation coverage under COBRA need only pay 35% of the cost of the COBRA premium, with the employer initially picking up the remaining 65%. In most cases not involving a multi-employer group health plan, the eligible individual pays the reduced premium to the […]
Filed Under: Business Law
Federal Legislative Update
Washington is moving fast on a couple of high-profile employment-related laws that will significantly expand employer liability. The Ledbetter Fair Pay Act The Ledbetter Fair Pay Act was the first bill signed into law by President Obama on January 29, 2009. The Act eliminated previously existing time limits for filing many employment discrimination charges, and […]
