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The 2010 Tax Relief Act: What It Means For You

Posted on December 20, 2010 by

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 […]

2011 Standard Mileage Rates

Posted on December 3, 2010 by

The Internal Revenue Service has announced the optional standard mileage rates for computing the deductible cost of operating an automobile for business, medical, and moving expenses for 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 […]

Employers May Not Terminate At-Will Employees To Avoid Paying Accrued Benefits

Posted on December 3, 2010 by

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 […]

A December Gift Idea: A (Very) Low Interest Rate GRAT

Posted on November 23, 2010 by

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 […]

Automatic Employee Termination Following Leave of Absence May Violate Law

Posted on November 15, 2010 by

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, […]

Discipline for Facebook Comments May Violate Employee’s Rights

Posted on November 12, 2010 by

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 […]

2011 Qualified Plan Cost of Living Increases, 2011 Social Security Taxable Wage Base

Posted on October 28, 2010 by

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) […]

Employers May Be Held Liable For Secret Recording of Employee Conversations

Posted on October 27, 2010 by

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 […]

IRS Relieves Employers of W-2 Health Care Reform Reporting for 2011

Posted on October 25, 2010 by

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 […]

Employee or Independent Contractor: Are You Sure? You Need to Be

Posted on September 8, 2010 by

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’ […]