Ruder Ware News & Insights

Updates on key legal issues and business concerns.

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By: Ruder Ware

Blog Authors

Jessica A. Merkel
Emilu E. C. Starck
Aric D. Burch
Mark D. Munson
Matthew D. Rowe
Amy E. Ebeling
Anne E. Flinchum
Kayla E. Murphy
Benjamin E. Streckert
Mary Ellen Schill
Ruder Ware Estate Planning Attorneys
John H. Fisher II
Sara J. Ackermann
Mark J. Bradley
Paul J. Mirr
Robert J. Reinertson
Ashley L. Hawley
Derek L. Prestin
Nicole L. Stangl
Linda M. Danielson
Andrew M. Lorenz
Joseph M. Mella
Shanna N. Yonke
Lisa O. O'Flyng
Steven P. Lipowski
Andrew P. Raymonds
Kelly T. Wilfert
Barb Woller

Latest from Ruder Ware News & Insights

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The Fair Labor Standards Act provides an employee should receive compensation for overtime hours at a rate “not less than one and one-half times the regular rate at which he is employed.” 29 U.S.C. § 207(a)(1). This is a well-known principle by employers and employees alike. However, “regular rate” is not the same as the employee’s “hourly rate.”

Regular rate

Regular rate is defined to include all remuneration for employment paid to the employee by the employer. The regular…
Continue Reading Make Sure Overtime is Calculated Correctly

In March of this year, the three major nationwide credit reporting agencies (Equifax, Experian, and TransUnion) announced there would be substantial changes to medical collection debt reporting coming this summer in an effort to help consumers faced with unexpected medical bills.  The changes will remove nearly 70% of medical collection debt tradelines from consumer credit reports.
The decision was based on months of industry research which showed that around two-thirds of medical debts are the result of one-time or…
Continue Reading Significant Changes to Medical Collection Debt Reporting: How Might it Affect Business?

Estate planning isn’t just for the elderly. Young farmers can also benefit from taking a quick look at their own estate and succession plans.

It is not uncommon for the estate and succession planning process to focus on the older generation, as they may be the individuals that have the most assets to plan for, are aging, and/or have health issues. However, planning can be just as important for the younger generation who may be the future owners, key…
Continue Reading Estate Planning for Young Farmers

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The National Elder Law Foundation recently certified Attorney Aric Burch as a Certified Elder Law Attorney (CELA) – one of twelve in the state of Wisconsin.  The only certification program approved by the American Bar Association for elder law, the program was developed to identify lawyers who have the enhanced knowledge, skills, and experience to be properly identified as certified elder law attorneys to the public.
Licensed to practice law in Wisconsin and Illinois, Burch principally advises clients in…
Continue Reading Attorney Aric Burch Receives Certification In Elder Law

Now that the COVID-19 pandemic has subsided to some extent, banks and lenders are beginning to resume collections.  Further, as interest rates and inflation continue to rise, it is likely that the number of past due accounts will also rise.  One of the issues with collections are the slough of regulations that come with collections from consumers.  Consumer collections must be compliant with the Federal Fair Debt Collection Practices Act (the FDCPA), and in Wisconsin, the more stringent Wisconsin…
Continue Reading Consumer Collections in Wisconsin

One of the most common questions asked by our clients is, “What is the difference between a will and a trust, and which is right for me?”  Last week, I provided a brief summary of the differences between these two common estate planning tools in a vlog.  You can view the vlog here.  In this blog post, I’ll provide more details about the distinguishing factors.

Wills and trusts share some commonalities, including:

  • You may use a will or

…
Continue Reading Will or Trust: Which is Right for Me?

Due to the increase in the cost of gasoline since establishing the 2022 rates last year, the Internal Revenue Service is increasing mid-year the optional standard mileage rates for computing the deductible cost of operating an automobile for business, medical, and moving expenses.  Effective July 1, 2022, the optional standard mileage rates will be 62.5 cents per mile for business transportation, and 22 cents per mile for travel relating to medical and moving transportation expenses. These increased mileage rates…
Continue Reading Pain at the Pump: IRS Announces Mid-Year Adjustment of Business and Medical Mileage Rates

Recently, we have been fielding calls from clients regarding “remote” Form I-9 verification. The current rule is that employers can ONLY verify I-9 forms remotely for employees who are remote due to COVID -19. For the curious, read our FAQ below:

1. What was the rule pre-COVID?

The Department of Homeland Security (DHS) has ALWAYS required an employer to verify Form I-9 documents in-person. Even for that salesperson you hired out in California—either they had to fly to headquarters…
Continue Reading Are You Keeping an Eye on Your Form I-9?

Carbon credits have been a hot topic around the country as a potential opportunity for extra farm revenue. However, like any contract, farmers should carefully consider the terms of a carbon credit sale before signing an agreement.

There are several terms that could trip up the unwary signer.

What is a “carbon credit?” A carbon credit is a fictional currency representing the farm’s credit for undertaking certain practices to sequester carbon in the soil. Typically, each credit represents about…
Continue Reading Carefully Consider Carbon Credit Contracts

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In a perfect world, business owners could spend all of their time and money focusing on a singular task:  running their business.  Despite the best laid plans, however, at some point ancillary concerns will arise and require—at least to some extent—that a business divert its resources to address and correct an issue.  One area of concern that is likely all too familiar is dispute resolution.  Business disputes may be either internal (i.e., shareholder disputes) or external (i.e., contract disputes). …
Continue Reading Resolving Business Disputes

On April 29, 2022, the IRS announced the Health Savings Account limits for 2023.  With respect to contribution limits, the limits are higher than the ones for 2022 and the required deductible and out-of-pocket maximums have increased as well.  As a reminder, these inflation adjusted amounts are effective for calendar year 2023

HSA/HDHP Requirement
Cost-of-Living Adjustments

Limit on HSA Contributions – Self-only HDHP

2022 – $3,650

2023 – $3,850

Limit on HSA Contributions – Family HDHP

2022 – $7,300…
Continue Reading 2023 HSA Limits Are Announced

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An invention developed by a business or individual inventor may have great value to that business or individual, either through the commercialization of the invention or by licensing the invention to others in return for a license fee. That value is greater if the invention can be patented, which prevents competitors from manufacturing or selling a competitive product that incorporates your invention. But how do you know when your invention is patentable?
To be considered patentable subject matter, the…
Continue Reading You Developed a New Invention – How Do You Determine if it is Patentable?

Over the past several years, many commentators, including members of this firm, have written extensively about the potential loss of recorded easement (or similar) rights due to the passage of time and failure of notice.  The alarm was raised because of specific provisions within the Wisconsin Statutes that were read to deem easements or recorded restrictions created more than forty years prior were possibly no longer enforceable. Or, more accurately, could be found unenforceable by parties who acquired ownership…
Continue Reading Wisconsin Offers New Safe Harbor for Old Access Rights

Do you prefer face-to-face meetings? Do you struggle getting through a phone tree or finding what you need online? Many of our clients receive Social Security Retirement benefits, Social Security Disability benefits, and various other benefits provided through the Social Security Administration (the “SSA”). Recently, Kilolo Kijakazi, the Acting Commissioner of Social Security, announced that local Social Security offices would resume in-person services on April 7,2022, including offering services to individuals without appointments. According to the SSA’s Closing and…
Continue Reading Local Social Security Administration Offices Open for Business Again

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Central Wisconsin Society for Human Resource Management 2022 Spring Conference – May 5, 2022
Holiday Inn & Suites, Wausau – Rothschild1000 Imperial AveRothschild, WI
Registration – 7:30 am – 8:25 am
Introduction – 8:25
Agenda:
Opening Keynote Presentation – 8:30 – 10:30Traci Schrek, Talent Optimizer – Talent Pathway Planning
The session will help you examine how individual behaviors impact the ability to achieve career goals. You’ll receive a complimentary Predictive Index Assessment to help learn about your behavioral drives and how…
Continue Reading 2022 CWSHRM Spring Conference

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Just as things were returning to normal after this past year, a resurgence of COVID-19 cases put a pause on the much-anticipated full return to pre-pandemic life.  But Wisconsin shows no signs of reverting to the “stay at home” level of lockdown that we faced in late-spring 2020. With warm weather returning, events will likely become more in-person. Landowners who either host or attempt to profit from attractions should be aware of potential legal concerns involved with doing so.
Continue Reading Know Event, Tourism Rules