Reinhart Boerner Van Deuren s.c.

Reinhart Boerner Van Deuren manages our clients’ business needs with innovation, focus and commitment. We serve as attorneys and business law counselors to public and privately held corporations, financial institutions, family-owned businesses, retirement plans, exempt organizations and individuals in trusts and estate matters.

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HEALTH PLAN DEVELOPMENTSNew Safe Harbor for Transparency In Coverage Rule’s In-Network Machine-Readable File
The Departments of Labor (DOL), Health and Human Services (HHS) and the Treasury (the Departments) recently announced a limited enforcement safe harbor for the in-network medical machine-readable file required under the Transparency in Coverage Final Rule (the Rule).
Under the Rule, non-grandfathered group health plans and health insurance issuers offering non-grandfathered coverage in the group and individual markets must disclose, on a public website, information regarding
Continue Reading Benefits Counselor – May 2022

The Florida legislature has passed Florida HB7, the “Stop W.O.K.E. Act” (the Act), which was signed by Gov. Ron DeSantis on April 22, 2022. The Act places limitations on what employers may teach during workplace diversity training. It is the first law of its kind in the nation.
What the Act Does
The Act makes it unlawful for Florida employers with 15 or more employees to subject any individual, as a condition of employment, to workplace training, instruction or
Continue Reading Florida’s “Stop W.O.K.E. Act” Will Change Employer’s Diversity, Equity and Inclusion Efforts

RETIREMENT PLAN DEVELOPMENTSIRS Publishes Proposed Regulations Regarding Required Minimum Distributions
On February 24, 2022, the Internal Revenue Service (IRS) published proposed regulations addressing the calculation and payment of required minimum distributions (RMDs) under qualified retirement plans (the Proposed Regulations). The Proposed Regulations are generally designed to address the changes to a participant’s required beginning date and payment of death benefits enacted under the Setting Every Community Up for Retirement Enhancement Act of 2019 (the SECURE Act). While the proposed regulations are
Continue Reading Benefits Counselor – March 2022

When you hear about the Robinson-Patman Act, you may remember it as a law that protects smaller product re-sellers (“mom and pop” stores, local dealers, etc.) by preventing product suppliers from giving better prices to larger re-sellers just because of their size. You would be correct, but two recent cases serve as important reminders that the Robinson-Patman Act applies to more than just prices. The cases—Dahl Automotive Onalaska Inc. v. Ford Motor Co., 20-cv-932-jdp, 2022 WL 602904 (W.D. Wis.
Continue Reading Recent Robinson-Patman Act Cases Demonstrate Size Doesn’t Always Matter

The Wisconsin Fair Employment Act (WFEA) generally prohibits an employer from discriminating against an applicant based on conviction record, unless the circumstances of that record “substantially relate” to the circumstances of the particular job opening. For many years, the Wisconsin Labor and Industry Review Commission (LIRC) took the position that domestic violence crimes generally do not substantially relate to any job in the workplace, because such crimes are committed in a domestic setting and typically involve violence only towards
Continue Reading In Making Hiring Decisions, Wisconsin Employers May Consider Convictions for Crimes of Domestic Violence

On the heels of Illinois’ new non-compete restrictions, effective January 2022, Colorado recently became the latest state to make enforcing noncompetition agreements against employees more difficult for employers. Nationally, the state is one of several jurisdictions that has either recently passed or is considering legislation limiting such agreements in various ways.
Colorado Law Changes
Beginning March 1, 2022, any violations of Colorado’s non-compete statute may now constitute a Class 2 misdemeanor, with a penalty of $750 or up
Continue Reading Colorado Latest in Line of Jurisdictions Limiting Non-Compete Enforceability

In a recent decision from the U.S. Court of Appeals for the Seventh Circuit, the court explained how an employer should evaluate whether a disabled person under the Americans with Disabilities Act (ADA) would pose a “direct threat” to others.Background
Russell Pontinen, the plaintiff, suffered from a seizure disorder that caused three or four seizures in his lifetime. He started taking medication to control the seizures, but later stopped against his doctor’s advice.
Shortly afterwards, he applied for a
Continue Reading Court Finds an Employee’s Seizures Posed a “Direct Threat” Under the ADA

In 2017, the #MeToo movement exploded into the legal and political worlds, following high-profile allegations of sexual harassment. Five years later, it has led to bipartisan support of one of the most significant legislative changes in arbitration law since the Federal Arbitration Act was first enacted in 1925.The U.S. House of Representatives passed H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act,” on February 7, 2022; the Senate subsequently approved the legislation on February 10,
Continue Reading Mandatory Arbitration Will No Longer Be Enforceable Against Sexual Assault and Sexual Harassment Claims

On February 24, 2022, the Internal Revenue Service (IRS) published proposed regulations addressing the calculation and payment of required minimum distributions under qualified retirement plans (the Proposed Regulations). The Proposed Regulations are generally designed to address the changes to a participant’s required beginning date and payment of death benefits enacted under the SECURE Act.

Applicable to all plan sponsors, the Proposed Regulations update existing regulations to account for the increase in a participant’s required beginning date to age 72.
Continue Reading IRS Provides Additional Clarity on Required Minimum Distributions Calculations

In response to Russia’s further invasion of Ukraine, the U.S. Department of Commerce’s Bureau of Industry and Security implemented sanctions against Russia, effective February 24, 2022, under the Export Administration Regulations (EAR). These sanctions include new license requirements, a new license review policy, restricting license exceptions, new foreign direct product (FDP) rules and additions to the Entity List, among many others. These measures aim to restrict access to technology and software designed and produced in and outside the United
Continue Reading U.S. Department of Commerce Implements Sanctions Against Russia

The Wisconsin Natural Resources Board (NRB) took action on three proposed PFAS rules at its meeting on Wednesday, February 23. The Wisconsin Department of Natural Resource (DNR) proposed rules that would set standards for the two most studied PFAS compounds – PFOA and PFOS – in groundwater, drinking water and surface water.

The Groundwater rule, which proposed a 20 parts per trillion (ppt) combined standard for PFOA and PFOS, as well as limits for 14 other substances, failed to
Continue Reading Natural Resources Board Rejects PFAS Groundwater Standards, Moves Drinking Water and Surface Water Standards Forward

Effective January 15, 2022, the Biden Administration extended the provisions of the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) by requiring health plans and insurers to cover the cost of over-the-counter (OTC) COVID-19 tests. Plans must cover OTC COVID-19 tests without imposing cost sharing, prior authorization or other medical management requirements, such as the need for a prescription. Plans may provide coverage for OTC COVID-19 tests directly at the
Continue Reading New Coverage Requirements for At-Home COVID-19 Tests

U.S. Citizenship and Immigration Services (USCIS) will once again be utilizing an internet-based electronic registration and lottery process for employers seeking to file H-1B petitions for beneficiaries that are required to be counted under the annual allocation of new H-1B slots.An H‑1B cap slot must be obtained for a foreign worker to engage in “new” H‑1B employment. “New” H‑1B employment generally refers to H‑1B petitions that are filed for foreign nationals who are not currently in H‑1B status. When
Continue Reading Registration for H-1B Slots Starts March 1, 2022

Last year, multiple proposals were introduced in Congress that would have significantly altered transfer tax planning for wealthy individuals and business owners. The proposals fell flat due to razor thin majorities the Democrats hold in Congress. Even if no changes occur in the near term, on January 1, 2026, current law automatically “sunsets,” which will result in estate tax exemptions being halved.

The following is a review of a few significant transfer tax planning considerations you should consider in
Continue Reading Transfer Tax Planning Considerations for 2022

GENERAL DEVELOPMENTSDOL, IRS and PBGC Release 2021 Finalized Form 5500 Instructions
The U.S. Department of Labor (DOL), Internal Revenue Service (IRS) and Pension Benefit Guaranty Corporation (PBGC) have released instructions for plans and administrators to complete annual Form 5500s. The instructions include changes that the DOL has finalized reflecting provisions of the Setting Every Community Up for Retirement Enhancement (SECURE) Act that relate to filings by multiple employer plans (MEP) and pooled employer plans (PEP). Key changes include:

  • Both defined contribution

Continue Reading Benefits Counselor – January 2022

On January 13, 2022, the Supreme Court of the United States issued two decisions addressing the Occupational Safety and Health Administration’s (OSHA) Vaccination and Testing Emergency Temporary Standard (ETS) and the Center for Medicare & Medicaid Services (CMS) vaccination mandate.

The Supreme Court put the OSHA ETS on hold, finding the ETS was more akin to a general public health measure rather than an “occupational safety or health standard.” The stay will remain in place pending a review of
Continue Reading Supreme Court Stays OSHA ETS, Upholds CMS Vaccination Mandate