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DOL Overtime Rule Update: Breaking News!!!!!

Posted on September 22, 2016 by

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 […]

Hairstyle Is Not a Protected Category but Sexual Orientation Likely Is

Posted on September 20, 2016 by

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 […]

The Importance of Buy-Sell Agreements

Posted on September 14, 2016 by

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 […]

IRS Finalizes Same-Sex Marriage Recognition Regulations

Posted on September 1, 2016 by

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 […]

Recognition of Same-Sex Marriage Officially the Tax Law of the Land

Posted on September 1, 2016 by

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

Posted on August 23, 2016 by

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 […]

The Eleventh Circuit Stays Challenge to the Clean Water Rule

Posted on August 22, 2016 by

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. […]

Legally Speaking: A Transforming Legal Marketplace and its Impact on Business

Posted on August 11, 2016 by

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 […]

IRS Releases Proposed Regulations That Will Affect the Ability to Transfer Your Family Business to the Next Generation

Posted on August 4, 2016 by

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 […]

Employers Who “Usually” Employ 3 or More Employees: the Threshold for Mandatory Worker’s Compensation in Wisconsin

Posted on August 2, 2016 by

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 […]