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RETIREMENT PLAN DEVELOPMENTS IRS and DOL Release Guidance Addressing Changes Under the SECURE Act IRS Publishes Notice 2020-68 Addressing the Bipartisan American Miners Act and SECURE Act The Internal Revenue Service (IRS) released Notice 2020‑68 addressing a variety of provisions in the Bipartisan American Miners Act and the Setting Every Community Up for Retirement Effectiveness Act (the SECURE Act). Offering a Cash or Deferred Arrangement to All Long‑Term, Part‑Time Employees. The SECURE Act requires all sponsors of defined contribution plans offering a cash or deferred arrangement to permit long‑term, part‑time employees to begin participating in the plan solely for the purpose of…
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The convenience, ability to cost compare, and wider selection are a few of the reasons why online sales have exploded in recent years. COVID-19 has further contributed to the already-stressed traditional brick-and-mortar shopping experience, as retailers – including sellers who’ve never been in the retail business – find ways to sell everyday household items, from jewelry, makeup, and clothing through easily accessible online platforms such as Facebook Live. These days, if you are a part of a Facebook sales group, it seems your newsfeed is constantly flooded with sellers selling their retail items at all hours of the day and…
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Just one example of where the Department ignores the unemployment law it is supposed to be following. Numerous SSDI recipients are being denied PUA benefits because they are not answering a question the way the Department wants that question answered. The question: Before this question and guidance is examined, let us first examine what the actual legal requirements for full-time work (aka being able and available) are for the purpose of unemployment benefits. Department regulations define being able and available as: (3) Able to work. (a) Able to work means that the claimant maintains an attachment to the labor market…
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By Attorney Max Stephenson Whether you are getting married for the first time or remarrying after a divorce, a prenuptial agreement can help you and your partner enter your marriage with a clear understanding of each other’s needs and interests regarding marital and non-marital property. Getting a prenuptial agreement does not mean that you believe a divorce is inevitable, but it is important that you go about the process of creating an agreement correctly to make sure that it is valid and enforceable if you do decide to divorce later on. Creating an Enforceable Prenuptial Agreement in Wisconsin In…
On September 22, Governor Evers announced a new Declaration of Public Health Emergency and  Emergency Order requiring face coverings as the orders issued in July reach their expiration dates. Our analysis of the previous orders can be found here (along with a comparison to the Dane County mask order). Largely, the orders mirror the orders issued in late July. Citing the continued rise of COVID cases, Governor Evers reissued the declaration of a public health emergency under Wis. Stat. § 323.10 and 323.12, which gives him authority, among other powers to “Issue such orders as he deems necessary for the…
Few things are as shocking to an employer as learning a trusted employee is embezzling. Often, the feeling of betrayal is as gut-wrenching as the discovery of the financial loss itself. The first instinct may be to call the police. But because embezzlement is difficult, expensive, and time-consuming to prove, local law enforcement may be reluctant to investigate and prosecute. In addition, many employers don’t want their customers or the business community to know. As a result, an employer may feel it has little chance of recovering its loss and satisfy itself with merely terminating the embezzling employee. There is…
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Sept. 23, 2020 – A state appeals court has ruled that a community organization that sought disclosure of a draft contract between the City of Waukesha and a professional baseball team is entitled to attorney fees in the public records litigation. Friends of Frame Park (Friends) tried to obtain a draft contract between Waukesha and Big Top Baseball LLC, which was pursuing plans to construct a stadium in Waukesha’s 34-acre Frame Park along the Fox River for summer league collegiate baseball. The city released the draft contract only after Friends sought a writ of mandamus in the circuit court, which…
There are many factors that go into making a decision regarding health care coverage. With the Open Enrollment beginning soon, it is important to know what changes there are, given both issues stemming from the COVID-19 pandemic and changes in the Health Insurance Marketplace during 2020. Open Enrollment The Health Insurance Marketplace Open Enrollment Period runs from Sunday, Nov. 1 through Tuesday, Dec. 15, 2020.1 Coverage begins Jan. 1, 2021.2 If you do not enroll in a plan by Dec. 15, 2020, enrollment is not available at any other time of the year unless you qualify for a…
It’s safe to say our nation is in uncharted territory when contemplating how to establish a work-life balance while homeschooling and caring for children, keeping up with the demands of “work from home,” and facing an unknown future. Fortunately, many people have had access to the necessary technology to work from home. Unfortunately, there is no handbook on how to balance employment with childcare and educational needs. Early Days of the Pandemic At the beginning of the COVID-19 pandemic, school and daycare closures appeared to be temporary. With-out substantial time to determine the best practice for holding classes, teachers, administrators,…
A property owner, Timothy Casa De Calvo, sued the Town of Hudson claiming that he adversely possessed real property adjacent to his house. The property in question had been dedicated about 31 years before as a street on a subdivision plat. The Circuit Court granted summary judgment in favor of the Town, and the court of appeals affirmed the judgment. Casa De Calvo v. Town of Hudson, No. 2019AP1851 (Wis. Ct. App. Sept. 9, 2020). The Court of Appeals explained that the property in question could not be adversely possessed because under Wis. Stat. § 893.29(2)(c) (1987-88)[1] it…
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Due to a sharp increase in the number of COVID-19 cases in Wisconsin, Governor Tony Evers has declared a new public health emergency in addition to the previous emergency declaration made on July 30. This surge in cases has mostly affected people between the ages of 18 and 24, including those on college campuses and who have attended social gatherings. To address these concerns Gov. Evers also issued an executive order requiring Wisconsin residents who are five years old or more to wear masks or other face coverings whenever they are indoors or in enclosed spaces with people other than those…
Due to a sharp increase in the number of COVID-19 cases in Wisconsin, Governor Tony Evers has declared a new public health emergency in addition to the previous emergency declaration made on July 30. This surge in cases has mostly affected people between the ages of 18 and 24, including those on college campuses and who have attended social gatherings. To address these concerns Gov. Evers also issued an executive order requiring Wisconsin residents who are five years old or more to wear masks or other face coverings whenever they are indoors or in enclosed spaces with people other…
The Occupational Safety and Health Administration (OSHA) recently issued guidance on returning to work for businesses deemed nonessential. The guidance is intended to supplement the agency’s previously issued guidance on preparing workplaces for COVID-19 as well as the Centers for Disease Control and Prevention’s (CDC) guidelines for “Opening Up America Again.” OSHA’s guidance is also supposed to supplement state and local information and reopening requirements. You can use the guidance to develop policies and procedures to ensure your employees’ safety and health. Phased Reopening OSHA recommends a three-phase reopening process to be aligned with the lifting of stay-at-home orders and…
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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 out our post outlining what the initial Order covered).  The orders issued today operate as an extension of the previous orders. They are effective immediately and will expire after sixty days (Nov. 21) or with a subsequent superseding order. On July 30, Gov.…
  https://www.avvo.com/legal-answers/authorized/my-brother-was-denied-bond-home-monitoring-in-pre–4988072.html?answered=true My brother was denied bond/home monitoring in pre-trial. What others avenues do we have left available to try to get him out? His Kidney is failing currently operating at less than 40% and we are trying to get him on the donor list. Also on the grounds that the prosecutors and district attorney denied him bond and home monitoring because they claimed he absconded once before which is false. He was in CUSTODY IN ANOTHER COUNTY for 8 months where he turned himself in as soon as his probation officer texted him to let him know that he…