Last week, the National Labor Relations Board (NLRB)’s General Counsel publicly announced her position that most non-compete agreements violate the National Labor Relations Act (NLRA) by chilling employees’ ability to exercise their rights to engage in protected activity. Remember, the NLRA applies to all private sector employees that are in non-supervisory positions. This means those employees may now be able to bring a claim that their non-compete is in violation of the NLRA. It will be important for all
Continue Reading Spring Brings Showers, Flowers, and Breaking Non-compete News!
Latest from Ruder Ware News & Insights
2024 HSA Limits Are Announced
By Mary Ellen SchillMay 17, 2023
On May 16, 2023, the IRS announced the Health Savings Account limits for 2024. With respect to contribution limits, the limits are higher than the ones for 2023 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 2024
HSA/HDHP Requirement
Cost-of-Living Adjustments
Limit on HSA Contributions – Self-only HDHP
2023 – $3,850
2024 – $4,150
Limit on HSA
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Who Plans My Funeral?
Many clients wonder who is responsible for planning their funeral, selecting burial or cremation, and making other arrangements after their death. Some clients ask what happens if family members disagree about these matters.
In Wisconsin, there is a default law that dictates who has the authority to make these decisions after your death. The default law provides that the following individuals, in order of priority, have the authority so long as the individual is at least age 18 and
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The Supremes Confirm Weekly Fixed Salary is Critical for FLSA Exempt Status
Last week in Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court affirmed employees must be paid a fixed salary of $684.00 per week to be considered “exempt” under the popular administrative, executive, and professional exemptions. The case involved Michael Hewitt, an oil rig worker who was paid a daily rate. His paycheck, issued every two weeks, amounted to his daily rate times the number of days he had worked in the pay period, which resulted in variable
Continue Reading The Supremes Confirm Weekly Fixed Salary is Critical for FLSA Exempt Status
Sibling Rivalry: Splitting the Farm Between Multiple Children
There is no one right answer; each family’s farm succession plan will look different. But most successful farm succession plans have a common theme—transparency. From the time children leave the farm, to the time that one or more children begin managing the operation, open conversations can help. Discussing the expectations of each individual—mom, dad, on-farm siblings, off-farm siblings and others involved in the farm—and the rationale behind those expectations helps ease the ultimate transition.
Not all individuals may agree
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U.S. Treasury Clarifies Beneficial Ownership Reporting Requirements for Businesses
When it goes into effect on January 1, 2024, a provision tucked inside the Corporate Transparency Act (the “CTA”) will impose lengthy new reporting requirements on many business entities, including many single-member LLCs. The final rule recently issued by the U.S. Treasury Department’s Financial Crimes Enforcement Network clarifies the scope and applicability of these new reporting requirements. Businesses that fall under the CTA’s purview would be wise to begin the process of complying with these rules to avoid the
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OFCCP Issues New March 3 Deadline for Federal Contractors to Object to Disclosure of EEO-1 Data!
If you are a federal contractor, keep reading. Last summer, the Office of Federal Contractor Compliance Programs (OFCCP) issued a notice to all federal contractors that the Center for Investigative Reporting had requested EEO-1 reports for 2016-2020 pursuant to the Freedom of Information Act (FOIA). While the motive is uncertain, it is likely that this media outlet will use the data to post stories about companies whose EEO-1 reports reveal a lack of diversity. Previously, the OFCCP gave federal
Continue Reading OFCCP Issues New March 3 Deadline for Federal Contractors to Object to Disclosure of EEO-1 Data!
Who Benefits? The Corporate Transparency Act Requires Companies to Disclose Their Beneficial Owners Under New Federal Rules
By Ian ColbyFebruary 3, 2023
To do business in Wisconsin, a business owner needs to file numerous documents with federal, state, and local governments. Congress recently added a new one. Under the Corporate Transparency Act, most corporations, LLCs, and similar company types doing business in the United States must file a report divulging the personal information of anyone who “controls” that company. Starting January 2024, companies will file the report with FinCEN (the Financial Crime Enforcement Network, an
Continue Reading Who Benefits? The Corporate Transparency Act Requires Companies to Disclose Their Beneficial Owners Under New Federal Rules
FTC’s Non-Compete Proposal: FAQ
Dear Ruder, we are getting lots of long emails from various sources about this proposed noncompete ban. Can you please break this down in easy-to-read language so we don’t have to review the entire 216 pages of the FTC’s proposed rule?
Dear Reader, Yes we can! See our answers to some frequently asked questions below!
When will the proposed ban go into effect? First of all, there may be legal challenges (is anyone else having deja vu?). As
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FTC Announces Vote to Publish Proposed Rules that Would Ban All Noncompete Provisions Restricting Workers
The Federal Trade Commission (FTC) started the new year off with a bang when it announced in a press release on January 5, 2023 that it is proposing a new rule that would ban many employee non-compete clauses.
The press release follows a 3-1 vote by the FTC to publish a notice of proposed rulemaking in the Federal Register. This indicates the first step toward adopting regulations but does not mean the regulations are final or binding at this
Continue Reading FTC Announces Vote to Publish Proposed Rules that Would Ban All Noncompete Provisions Restricting Workers
New Non-Disclosure and Non-Disparagement Restrictions – “Me Too” Movement’s Continued Impact on the Workplace
The Speak Out Act (“Act”) became law on December 7, 2022. The Act prohibits the enforcement of non-disclosure or non-disparagement provisions which are agreed to prior to an allegation of sexual assault or sexual harassment (“sexual misconduct”). The Act applies to disputes regarding alleged sexual misconduct that occur after December 7, 2022. A full version of the Act can be found here.
“Me Too” Motivations
By enacting the Act, Congress’s goal is to “empower survivors to come forward,
Continue Reading New Non-Disclosure and Non-Disparagement Restrictions – “Me Too” Movement’s Continued Impact on the Workplace
OIG Identifies Seven Telehealth Fraud Indicators in Recent Program Integrity Brief
In a September 2022 brief concerning program integrity, the Health and Human Services Office of Inspector General (OIG) identified seven measures to identify providers who may present a high risk for improper Medicare telehealth billing. These seven factors should serve as a guide to providers and their compliance officers when identifying potential fraud risk in connection with their telehealth programs.
The seven factors identified by the OIG as potentially indicative of telehealth fraud and abuse are as follows:
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IRS Releases Mileage Rates for 2023
The Internal Revenue Service issued the 2023 optional standard mileage rates today for computing the deductible cost of operating an automobile for business, charitable, medical, or moving purposes. The most notable change is the three-cent per mile increase for businesses.
Effective January 1, 2023, the optional standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:
Compliance Officer Challenges and Commitment to Compliance Culture
One of the biggest challenges a compliance officer faces is establishing a strong commitment to creating a culture of compliance and obtaining recognition–there needs to be a compliance “tone from the top” of an organization. There are numerous potential challenges to getting buy-in for this concept. This can create frustration for compliance officers aware of the concept of compliance program effectiveness and the importance of a compliance culture beginning at the top of the organization. A common potential challenge
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Could Cookies and Other Tracking on Websites Violate HIPAA – HHS Warns Covered Entities About Tracking on Websites and Use of Vendors to Develop Them
Earlier this month, the United States Department of Health and Human Services’ Office of Civil Rights (“OCR”), the organization that has jurisdiction over enforcement of the Health Insurance Portability and Accountability Act of 1996 (the Federal law that we all know and love under the name HIPAA), released a bulletin (Bulletin) addressing the use of a variety of website tracking technologies.
The central message of the Bulletin was that “[r]egulated entities are not permitted to use tracking technologies in
Continue Reading Could Cookies and Other Tracking on Websites Violate HIPAA – HHS Warns Covered Entities About Tracking on Websites and Use of Vendors to Develop Them
Shaken or Stirred? Mixed or Blended?
When I meet with new clients I have them fill out what we refer to as our estate planning “questionnaire.” Basically, a form that asks them to insert personal information on the first two pages and financial information on pages 3-5. Page one asks about marital status and page two asks the potential client to list their children, checking boxes for either biological or adopted. The questionnaire is helpful, providing me with background information, but it does not always
Continue Reading Shaken or Stirred? Mixed or Blended?