Ruder Ware News & Insights

Updates on key legal issues and business concerns.

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By: Ruder Ware

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Jessica A. Merkel
Emilu E. C. Starck
Aric D. Burch
Mark D. Munson
Matthew D. Rowe
Amy E. Ebeling
Kayla E. Murphy
Benjamin E. Streckert
Mary Ellen Schill
John H. Fisher II
Sara J. Ackermann
Mark J. Bradley
Paul J. Mirr
Robert J. Reinertson
Ashley L. Hawley
Nicole L. Stangl
Joseph M. Mella
Shanna N. Yonke
Lisa O. O'Flyng
Steven P. Lipowski
Andrew P. Raymonds
Barb Woller

Latest from Ruder Ware News & Insights

Date: May 13, 2021 Time: 8:00 am Location: Zoom Presenters: Mary Ellen Schill, Sara J. Ackermann, Nicole L. Stangl <!–Nicole L. Stangl–> Central Wisconsin Society for Human Resource Management 2021 Spring Conference All presentations via Zoom Agenda: Opening Keynote Presentation:Culture of Engagement:  Why/How to Build Passionate and Engaged Teams – Joshua Evans, Better Workplaces, Better World™ Each of us began our careers from a passionate place. On our first day of work every one of us was excited, intrigued, and joyful. However, with such demanding roles, it easy for us to lose sight of our initial…
There are two new developments on the OSHA COVID-19 front to report.  First, yesterday, OSHA sent a draft of a new, mandatory, temporary emergency standard on COVID-19 to the Office of Management and Budget (OMB) for review.  Up to now, OSHA has not had a mandatory standard in place to deal with the coronavirus, relying instead on guidances it has issued and on the General Duty Clause for enforcement efforts. As soon as President Biden took office, he directed OSHA to determine whether a mandatory temporary emergency standard on COVID-19 was needed and, if so, to issue it by March…
500 N First Street, Suite 8000P.O. Box 8050Wausau, WI 54402-8050Phone: 715.845.4336Toll Free: 800.477.8050Fax: 715.845.2718 Matt’s intellectual property and transactions practice has supported the development and commercialization of new technologies, products, and services in laboratories, factories, and computing systems around the world. His experience ranges from working with scientists in labs of top research institutions developing medical devices, to walking factory floors in China with engineers deploying state of the art equipment, to protecting improvements to financial systems being used in banks across the country.  After working in house supporting the R&D function of a multi-billion dollar privately held company, Matt…
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Ruder Ware is pleased to announce the addition of Andrew Lorenz to our Eau Claire attorney team. An Eau Claire native,  Andrew is a 2018 magna cum laude graduate of the University of Wisconsin Law School.  Prior to beginning his legal career he served four years with the United States Marine Corps.  At Ruder Ware, Andrew will continue to grow his practice within the litigation realm in addition to adding strength to the business group by representing businesses and individuals throughout the state of Wisconsin in a wide variety of business transactional matters, with an emphasis on real estate development,…
Last October, we shared information about the emergency rule that created DWD 120.02 which required Wisconsin employers to notify workers of the availability of unemployment insurance upon separation of employment in a post titled Wisconsin Employers Must Notify Workers of Unemployment Insurance Upon Separation. As of March 31, 2021, the emergency rule requiring unemployment insurance notice upon separation expired and employers no longer need to provide the notice upon separation. If an employer would like to continue to notify workers, suggested language can be found on the Department of Workforce Development’s website – https://dwd.wisconsin.gov/dwd/publications/ui/notice.htm/ Employers should still ensure they have…
Many businesses work hard and invest heavily to develop and protect their intellectual property rights, including trade secrets and proprietary processes, designs, and know-how.  However, special rules apply in determining ownership of these intellectual property rights when the work product is created by employees and independent contractors or consultants, particularly in a technical or creative role.  In some cases, these special rules can result in an unpleasant surprise for companies that do not take proper steps to protect their proprietary rights.  This post will summarize some key considerations for your business. Under U.S. law, whether a company automatically owns inventions…
Ruder Ware’s Trusts & Estates blog has featured several blogs (for example, Call to Action: Review Your Estate Plan in Light of the SECURE Act and Why SECURE Act Matters to You) on the SECURE Act, a federal law effective January 1, 2020,  that made significant changes to the payout provisions of inherited retirement benefits, such as 401(k) plans and IRAs. The most dramatic change brought about by the SECURE Act was the elimination of the ability of a “designated beneficiary” (in most cases an individual, such as a child) to “stretch out” distributions from an inherited retirement benefit…
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In the United States Congress, there is an arduous journey before a bill becomes law.  See https://youtu.be/FFroMQlKiag.  But there is a common theme running through some gift and estate tax bills that have been introduced in Congress this year.  That is: an appropriate way to raise revenue (for pandemic relief, infrastructure improvements, jobs, whatever the reason) is to collect more taxes when so-called “wealthy” individuals transfer their assets through lifetime transfers and transfers at death. In this context, “wealthy” generally means an individual who is likely to own assets at death that are worth more than $3.5 million ($7…
Even though the increase in vaccinations and other public health initiatives have resulted in a dramatic reduction in new COVID-19 cases hinting at a possible “return to normal,” recent industry publications are starting to report on an anticipated long-term result in what was once thought to be only a short-term trend for commercial leasing:  the permanent stay-at-home work force. One of the results of the sweeping changes to workplace utilization over the past year has been the perpetuation of work-from-home (or work-from-anywhere) professional staff.  This trend has resulted in many companies rethinking their commitments to brick and mortar office requirements.…
Today the Employee Benefits Security Administration (EBSA), the section of the Department of Labor that handles all things employee benefit plans, posted a dedicated webpage with much anticipated (and much needed) employer tools on the “COBRA subsidy” provision of the American Rescue Plan Act of 2021 (“ARPA”), which was enacted on March 11, 2021.  The webpage can be found here COBRA Premium Subsidy | U.S. Department of Labor (dol.gov).   The new webpage provides FAQs for both workers and employers, model general COBRA notices (for new qualified beneficiaries) and model extended election period notices (for those who became qualified beneficiaries…
On March 30, 2021, Governor Tony Evers and the Wisconsin Department of Human Services (DHS), announced that everyone age 16 and over will be eligible for the COVID-19 vaccine starting April 5, 2021. Currently the Pfizer vaccine is the only COVID-19 vaccine authorized for individual’s age 16 & 17. Vaccination providers will continue to prioritize anyone previously eligible such as public-facing essential workers and people with medical conditions. Some providers are using the COVID-19 Vaccine Registry to schedule appointments, other providers may use their own scheduling system. To see DHS’s vaccine provider map, follow this link or visit: https://vaccinefinder.org/.…
Today, March 31, 2021, the Supreme Court of Wisconsin ended the state-wide mask mandate after finding Executive Order (EO) #105 to be unlawful, ending it immediately.  Governor Tony Evers issued EO #105 shortly after the Wisconsin Legislature revoked EO #104. This decision also blocks Governor Evers from issuing further emergency orders under Wis. Stat. § 323.10 associated with the COVID-19 pandemic without the Legislature’s approval.  The Court also notes that “all executive actions and orders issued pursuant to the powers triggered by the emergency declaration [EO #105] are likewise void.”  The scope and impact of that is unclear, but…
Governor Tony Evers and the Wisconsin Department of Health Services (DHS) announced on March 25, 2021 that a community-based vaccination clinic will open in Marathon County on April 6, 2021. The clinic will be open Tuesday, April 6, through Saturday, April 10, from 11 a.m. – 7p.m., and will be located at the Northcentral Technical College—Center for Business and Industry Building in Wausau. Individuals must register for an appointment using the Wisconsin COVID-19 Registry. The clinic will first schedule vaccinations for those on the Marathon County Health Department’s waitlist and give priority to those who are 65 and older,…
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Our team here at Ruder Ware has focused previous blogs and other educational materials on ways to avoid adult guardianship (see Related Articles section at the end of my post); however, there may be some instances where guardianship is unavoidable.  Earlier this month, I attempted to simplify the guardianship process in my vlog.  This blog is a continuation and aims to remove the mystery around guardianship for those unavoidable instances. First, there are two types of guardians; a guardian of the person and a guardian of the estate.  A guardian can be appointed for either or both, the Court…
Just when we thought the Families First Coronavirus Response Act was about to disappear into HR history, we have another extension  (to the tax credits for voluntarily providing qualifying leave)!  Here is what you need to know: The American Rescue Plan extension (“Extension”) applies to both the Emergency Family and Medical Leave Expansion Act (EFMLEA) and Emergency Paid Sick Leave Act (EPSLA). It starts April 1, 2021 and runs through September 30, 2021. The previous extension was set to expire March 31. The definition of “employer” has not changed (if you work for a company with over 500 employees and…
On February 25, 2021, Governor Tony Evers signed 2021 Wisconsin Act 4 (“Act”). The Act became effective on February 26, 2021. The Act, in part, created broad immunity to civil liability related to exposure of COVID-19 for companies under Wisconsin Statute section 895.476 (“Statute”). The full Act is available here. Worker’s compensation is still the exclusive remedy for employee claims against employers. The Statute provides civil immunity to companies for claims from individuals such as customers, vendors, and employee family members, related to death, injury or damages arising out of COVID-19 exposure. It protects schools and institutions of higher education…