Reinhart Boerner Van Deuren s.c. Alerts and Updates

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Matthew DeLange, Brittany Lopez Naleid
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Latest from Reinhart Boerner Van Deuren s.c. Alerts and Updates

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On September 28, 2021, the U.S. Court of Appeals for the Sixth Circuit became the first federal appeals court to address a multiemployer pension plan’s use of the “Segal Blend” for calculating an employer’s withdrawal liability, finding that the Segal Blend method violated the Employee Retirement Income Security Act of 1974 (ERISA) in Sofco Erectors, Inc. v. Ohio Operating Engineers Pension Fund.

By way of background, when an employer withdraws from a multiemployer pension plan, ERISA requires the plan…
Continue Reading Sixth Circuit Addresses use of Segal Blend Method in Withdrawal Liability Dispute

HEALTH AND WELFARE PLAN DEVELOPMENTS
DOL, HHS and IRS Issue Guidance Regarding No Surprises Act Independent Dispute Resolution Process
On September 30, 2021, the U.S. Department of Labor (DOL), Department of Health and Human Services (HHS) and the Internal Revenue Service (IRS) released an Interim Final Rule (the Rule) regarding the surprise medical billing protections under the No Surprises Act (the Act). The Rule details the independent dispute resolution (IDR) process that will establish the applicable out‑of‑network rate for…
Continue Reading Benefits Counselor – October 2021

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Shopko… Briggs & Stratton… Appvion (formerly Appleton Papers)… Harnischfeger… Bon-Ton… JHT Holdings… Arandell… Golden Guernsey Dairy. We tend to think of these companies as our own — Wisconsin-based, some with storied traditions here, employers of family members and friends — but all of them have one thing in common: they filed for bankruptcy protection in another state. Recently proposed congressional legislation aims to reduce the number of such extraterritorial filings.
Current Bankruptcy Venue Law
The venue, or location of…
Continue Reading Cause for Reform: The Bankruptcy Venue Reform Act of 2021

Recently, the House Ways and Means Committee released its proposal to fund the $3.5 trillion “Build Back Better” reconciliation spending package. As expected, the proposal takes aim at several estate planning opportunities and vehicles that wealthy individuals have traditionally utilized to reduce gift and estate tax. The most significant estate planning provisions of this proposal are summarized below, however, it is important to note that this proposal is far from final. In fact, the proposal is the third piece…
Continue Reading House Ways and Means Committee Throws Its Hat Into the Estate Tax Reform Ring

RETIREMENT PLAN DEVELOPMENTSIRS Sets Dates and Procedures for Cycle 2 Submissions for 403(b) Pre-Approved Plans
Employers with Internal Revenue Code (Code) section 403(b) pre-approved plans (i.e., prototype and volume submitter plans) can soon take advantage of a second remedial amendment submission cycle (Cycle 2). The IRS announced in Revenue Procedure 2021-37 that the on-cycle submission period for Cycle 2 applications will extend from May 2, 2022 through May 1, 2023.
The procedures for the 403(b) pre-approved plan program will be similar to the Section 401(a) pre-approved…
Continue Reading Benefits Counselor – September 2021

A well-drafted personal guaranty of payment and performance provides peace of mind for the diligent lender. It is not only irrevocable, but also covers future extensions of credit and includes broad waivers of defenses. Even when a lender is faced with a bankruptcy proceeding, the guarantor’s promise to pay the full amount of a debt is inviolate: a claim against the guarantor need not be reduced to account for recoveries from other sources unless and until the creditor is…
Continue Reading Lenders Beware: The Effect of Bankruptcy on Personal Guaranties

On September 9, 2021, President Biden laid out his multi-pronged COVID-19 Action Plan to address the highly contagious Delta variant. The most critical piece of the Plan requires employers with more than 100 employees to ensure that their employees are either vaccinated or tested weekly. While not a true vaccine mandate, the Biden Plan provides employees an either/or choice: get vaccinated or tested weekly.

These provisions of the Plan are not in effect immediately. The Occupational Safety and Health…
Continue Reading Coming to a (Large) Employer Near You: Mandatory Vaccination or Weekly Testing

Global Intangible Low-Taxed Income (GILTI) is the income of a foreign subsidiary in excess of 10 percent of the foreign subsidiary’s tangible assets. A U.S. owner pays U.S. tax on its share of a foreign subsidiary’s GILTI. The policy underlying GILTI is to deter moving intangibles abroad by taxing excess income that presumably the intangibles produce.For example, if a foreign subsidiary earned $1.5 million and had $10 million of tangible assets, the GILTI taxed in the United States would…
Continue Reading Potential Changes to U.S. Taxation of a Foreign Subsidiary’s Income

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On August 26, 2021, Illinois Gov. JB Pritzker issued COVID-19 Executive Order No. 87 (the Order) reinstating a statewide public mask mandate as well as introducing COVID-19 vaccination and testing requirements for health care workers, education workers (K-12 and higher education) and certain state facilities. This article focuses on obligations for health care workers and their employers.Under the Order, health care workers must:
(1) Receive, at a minimum, the first dose of a two-dose COVID-19 vaccination series or a…
Continue Reading Illinois Executive Order Institutes Mandatory Vaccination and Testing Program for Health Care Workers and Employers

On August 18, 2021, President Biden announced that his administration would require all nursing home staff be vaccinated against COVID-19 as a condition to continue to receive Medicare and Medicaid funding. The same day, the Centers for Medicare and Medicaid Services (CMS) announced it would develop emergency regulations to enforce President Biden’s initiative. CMS indicated it will issue the regulations by the end of September 2021.

In light of this announcement, nursing homes should review their obligations related to…
Continue Reading COVID-19 Updates for Nursing Homes and Long-Term Care Facilities

As the growing scrutiny of per- and polyfluoroalkyl (PFAS) chemicals mounts, increased regulations and enforcement seem imminent, as does an onslaught of lawsuits against companies considered responsible for releasing the compounds into the environment.PFAS chemicals include more than 4,000 different chemical compounds and are widely used in everyday products, including stain and water-resistant fabrics and carpeting, cleaning products, cookware, paints and fire extinguishing foams. There are growing concerns over potential health effects of a small subset of PFAS compounds.…
Continue Reading PFAS Litigation Heating Up as State Hires Private Law Firm

RETIREMENT PLAN DEVELOPMENTSIRS Releases Guidance Regarding Changes to Single-Employer Defined Benefit Plan Funding under ARPA
On July 30, 2021, the Internal Revenue Service (IRS) released Notice 2021‑48, providing guidance regarding changes made under the American Rescue Plan Act of 2021 (ARPA) to the funding rules for single‑employer defined benefit pension plans. ARPA made two significant changes affecting defined benefit pension plans: (1) extending the amortization period for unfunded liabilities from seven to 15 years; and (2) reinstating the pre‑ARPA interest rate stabilization program, which was…
Continue Reading Benefits Counselor – August 2021

Recently, there have been numerous developments pertaining to the COVID-19 pandemic. Here are a few key issues Wisconsin employers should be aware of related to the COVID-19 pandemic.
Food and Drug Administration Approves Pfizer-BioNTech COVID-19 Vaccine
On August 23, 2021, the U.S. Food and Drug Administration (FDA) granted full approval to the Pfizer-BioNTech COVID-19 Vaccine. Previously, all COVID-19 vaccinations were approved under the Emergency Use Authorization (EUA) process. The EUA process allows the FDA to authorize unapproved medical products…
Continue Reading COVID-19 Updates for Wisconsin Employers: Vaccine Approval, Mask Mandates and OSHA Guidance

The FTC has a new rule to crack down on false “Made in the USA” claims. The “Made in USA Labeling Rule” – which became effective on August 13, 2021 – gives the FTC the authority to seek substantial monetary penalties from manufacturers who falsely label products as made in the USA.
The Rule Allows the FTC to Crack Down on Made in USA Fraud
With its new Made in USA Labeling Rule, the FTC aims to crack down…
Continue Reading The FTC is Cracking Down on False “Made in the USA” Claims

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On August 5, 2021, the Wisconsin Senate introduced a bi-partisan bill that would require Wisconsin employers to provide “reasonable” unpaid lactation breaks to nursing mothers. Senate Bill 493 (SB 493) is similar to portions of the Fair Labor Standards Act (FLSA) that require most employers to provide nursing mothers with unpaid lactation breaks in a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.SB 493 does not specify what length…
Continue Reading Wisconsin Senate Introduces Bill Requiring Lactation Breaks for Nursing Mothers

Conflicts involving trusts and estates are often difficult and complex, both legally and emotionally. Instead of taking the shape of typical civil litigation, the emotional and familial aspects are more like those of a divorce. These conflicts can be referred to as “fiduciary litigation,” “financial elder abuse” or “will or trust contests.” They typically involve a person, acting in a fiduciary capacity, taking advantage of another person through undue influence and/or exploiting their incapacity. These conflicts have multiplied in…
Continue Reading Death and Dysfunction: Abusing Fiduciary Relationships