Uncategorized

By February 14, 2025

For employers seeking to sponsor foreign national professionals, awareness of the H-1B cap registration deadline is critical. Registration for the FY 2026 H-1B Cap lottery will start at 12 p.m. Eastern Time on March 7 and end at 12 p.m. Eastern Time on March 24. This year, the registration fee has been increased to $215.
The FY 2026 H-1B Cap lottery will use the same beneficiary-centric selection process as was used
Continue Reading USCIS Unveils Key Dates and Fee Increase for FY 2026 H-1B Cap Registration

We are living longer, and as a result, working longer. Along with this comes the greater likelihood that cognitive decline will show up in the workplace. Despite this, many employers are not ready to address cognitive impairment and dementia.
America’s Aging Workforce
America’s workforce is aging; greater numbers of employees are working longer and delaying retirement. While older workers bring valuable knowledge and experience, they are also at higher risk for experiencing cognitive decline, including dementia. Many employers are
Continue Reading Dementia in the Workplace: Advice for Employers

Can employees collect workers’ compensation at the same time as unemployment or state disability insurance payments?
The short answer is no.
In Wisconsin, workers’ compensation, unemployment benefits, and disability insurance are distinct forms of support, each designed to address specific situations. Workers’ compensation provides financial and medical benefits to employees who suffer work-related injuries or illnesses. These benefits may include coverage for medical expenses, wage loss, and rehabilitation services. Workers’ compensation is typically designed to replace a portion of
Continue Reading Workers’ Compensation, Unemployment, & State Disability Insurance Payments

How can we discipline a new employee who takes unplanned, unexcused days off for sickness, family emergencies, etc.? We don’t currently have a policy on how many unexcused days off are allowed.
Wisconsin employers have an interest in ensuring that their employees do not engage in misconduct, including unplanned, unexcused time off from work. Accordingly, the Wisconsin Statues for unemployment compensation include provisions that permit discharging an employee for engaging in misconduct. “Misconduct” is one or more actions or
Continue Reading Disciplining a New Employee Who Takes Unplanned, Unexcused Days Off

In today’s increasingly competitive job market, employers are continuously seeking ways to enhance employee benefits and attract top talent. While health insurance, retirement plans, and paid time off are essential components of any benefits package, some companies are now offering a less conventional yet highly valuable perk: estate planning services. This benefit not only promotes employees’ financial well-being but also ensures peace of mind for both employees and their families. By providing access to estate planning services, employers help
Continue Reading Where There’s a Will, There’s a Way to Offer Additional Employee Perks

We have an employee who took four days off to tend to his daughter in the hospital after she received a C-section and another who wants to take three weeks off to assist her sibling going through chemotherapy. Would the absences in both scenarios fall under the Family and Medical Leave Act (FMLA)?
As an employer, it is essential to understand the Family and Medical Leave Act (FMLA) to ensure compliance with both state and federal regulations. FMLA allows
Continue Reading Absences Under the Family and Medical Leave Act (FMLA)

Hurley Burish, S.C. is pleased to announce Wisconsin Super Lawyers and Rising Stars magazine named 4 attorneys to the 2024 list.
Attorney Stephen J. Hurley – Top 25 Madison
Attorney Andrew W. Erlandson – Business Litigation
Attorney Jonas B. Bednarek – Criminal Defense
Attorney Marcus J. Berghahn – Criminal Defense
Continue Reading 2024 Super Lawyers – Hurley Burish, S.C.

How is Vehicular Homicide Prosecuted in Wisconsin?
 Posted on October 28,2024 in Criminal DefenseIn the event of a tragic accident involving someone’s death, there is a possibility, depending on the circumstances, that the driver may face a charge of vehicular homicide. In Wisconsin, this charge can arise in a situation where the driver caused either the death of another human being or unborn child while operating or handling a motor vehicle. A driver who faces charges of
Continue Reading How is Vehicular Homicide Prosecuted in Wisconsin?

On May 2023, the National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo outlining her position that non-compete agreements in employment contracts could violate worker’s rights under the National Labor Relations Act (NLRA). GC Abruzzo was critical of non-compete agreements as they restrict employee’s mobility, potentially deter union organizing, and suppress wages. On October 7, 2024, GC Abruzzo released GC Memo 25-01 (the 2024 Memo), which outlined two new concepts relative to how the NLRB would
Continue Reading NLRB Continues Scrutiny of “Stay-or-Pay” Provisions and Clarifies Heightened Remedies for Unlawful Non-Compete Agreements

Date and Time: November 14, 2024 8:00 am
Location: Hilton Garden Inn151401 Cty Rd NN, Wausau, Wisconsin

Presenters:
Sara J. Ackermann, Mary Ellen Schill, Jacob A. Schraeder, Nicole L. Stangl, Morgan H. Sweeney
<!–Morgan H. Sweeney–>

<!–Presentation–>

Ruder Ware’s Annual Employment & Benefits Law Conference will be held at the Hilton Garden Inn (map and directions) on Thursday, November 14, 2024.
7:30 a.m.   Registration
8:00 a.m.   Welcome & Introductions
8:05 – 8:40 a.m.
Benefits
Continue Reading Annual Employment & Benefits Conference 2024

On May 31, 2024, U.S. Occupational Safety and Health Administration’s (OSHA) revisions to the “walkaround rule” went into effect. The walkaround rule sets forth a process for OSHA to conduct on-site inspections and previously allowed an employee representative to attend the inspection. 
What’s New with the Rule?
The revisions to the walkaround rule alter the regulation by removing the requirement that an employee representative be an employee of the employer being inspected. Under the revised rule, the representative
Continue Reading Updated Walkaround Rule: OSHA Allows Union Access During Site Inspection

If we have a drug-free workplace policy and implement random testing, can we fire an employee who tests positive even if the employee simply used marijuana outside the workplace and wasn’t impaired?
The short answer is, yes.
Employers in Wisconsin are allowed to do random drug testing of their employees. If an employer chooses to do so, the employee handbook should advise employees of the nature of the testing.
In Wisconsin, and throughout the United States, the vast majority
Continue Reading Employment Termination with a Drug-free Workplace Policy & Implemented Random Testing

Former Milwaukee County Circuit Court Judge Richard Sankovitz, a member of the Wisconsin Access to Justice Commission Board, requests the State Bar’s support for a petition that would increase the amount that lawyers must annually pay towards the Public Interest Legal Services Fund (PILSF), a Wisconsin Supreme Court assessment established in 2005.​ Sept. 24, 2024 – The State Bar of Wisconsin’s 53-member Board of Governors recently discussed a petition – filed by eight organizations – that would increase the annual court
Continue Reading State Bar Board Discusses Petition to Increase Annual PILSF Assessment

Termination of a publicly appointed official, such as a clerk, administrator, fire chief, or similar position, requires careful planning due to the many legal implications that are in play.  This article provides an overview of the stages involved in the termination process of a public employee.
Early Considerations
First, before initiating the termination process, a substantial investigation supported by documentary evidence is vital.  Ideally, the documentation is in place long before the time that a termination is even a
Continue Reading Terminating a Publicly Appointed Official

A new federal law went into effect and likely will affect many business entities in Wisconsin and the United States, and in particular, many small businesses that may not even be aware of the new law. The Corporate Transparency Act (CTA) was enacted on January 1, 2021, as part of the Anti-Money Laundering Act of 2020 in the National Defense Authorization Act and went into effect on January 1, 2024.    
What is the CTA?
The CTA was enacted
Continue Reading The Corporate Transparency Act: Does it Apply to my Business?