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STATE BUDGET BILL SUBSTANTIALLY CHANGES WISCONSIN’S UNEMPLOYMENT LAWS

Posted by Attorney David McClurg in Human Resources, Business Management / Comments

The 2013-2015 biennial budget bill, recently enacted as 2013 Wisconsin Act 20, included many significant changes to Wisconsin’s unemployment insurance (“UI”) law. Although some of these changes took effect immediately after the effective date of the Act 20 (such as increasing work search requirements from 2 to 4 contacts per week) most will first apply to unemployment determinations issued or appealed on or after Jan. 5, 2014.  Several of the ...

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The Affordable Care Act – The Act’s Effect on Small Business (Part 7 of 8), by Barbara Halpin

Posted by Attorney Roger L. Pettit / Comments

This week I’m going to discuss some of the effects of the Affordable Care Act on small businesses.  It’s obviously still uncertain what the full ramifications will be. The Act exempts small businesses (fewer than 50 full-time employees) from the Employer Responsibility Provision of the Act (i.e. The Act does not require small businesses with fewer than 50 full-time employees to provide health insurance for their employees).  As a result of ...

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Invalidation of President Obama's Recess Appointments Undermines NLRB Actions, by David A. McClurg

Posted by Attorney Roger L. Pettit / Comments

The efforts of President Obama’s appointees on the National Labor Relations Board (“NLRB”) to push a decidedly pro-employee agenda have run up some significant judicial barriers. On January 25, 2013, the D.C. Circuit Court of Appeals ruled, in Noel Canning v. NLRB, that the three “recess” appointments President Obama made to the National Labor Relations Board on January 4, 2012 were invalid, and that the Board, thus being without a ...

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The Affordable Care Act – Miscellaneous Provisions Applicable to Large Employers under the Act (Part 6 of 8), by Barbara Halpin

Posted by Attorney Roger L. Pettit / Comments

Welcome to part 6 of the Affordable Care Act Series!  Today I’ll be discussing several of the additional provisions that applicable large employers should be aware of.  They're in no particular order.1. Offer of CoverageIf an applicable large employer fails to offer coverage to a full-time employee for any day of a calendar month during which the employee was employed by the employer, the employee is treated as not being ...

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The Affordable Care Act – Potential Employer Penalties (Part 5 of 8)

Posted by Attorney Roger L. Pettit / Comments

Beginning in 2014, an applicable large employer can be assessed a penalty if at least one of its full-time employees is certified to receive an “applicable premium tax credit” or “cost-sharing reduction” and the applicable large employer failed to offer its full-time employees and their (non-spousal) dependents the opportunity to enroll in affordable minimum essential coverage.Large businesses may be assessed penalties in any month that:1.         The employer does not ...

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The Affordable Care Act – Penalties? No! The IRS Safe Harbor for Applicable Large Employers (Part 4 of 8), by Barbara Halpin

Posted by Attorney Roger L. Pettit / Comments

I’m not going to lie.  The IRS safe harbor for employers to use to help prevent penalties for noncompliance is somewhat convoluted.  I’ve tried to make this as readable as possible.So let’s jump right in.  The IRS has offered a safe harbor for applicable large employers to use to ensure that the right employees (full-time) are receiving coverage.  It’s important to note that all employees considered full-time under the ...

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The Affordable Care Act – Who is an Applicable Large Employer? Determining the Number of Full-Time Employees (Part 3 of 8), by Barbara Halpin

Posted by Attorney Roger L. Pettit / Comments

Believe it or not, it’ll be fairly complicated for some employers to determine if they’re an “applicable large employer” under the Act and will therefore face penalties if they don’t  provide minimum essential coverage or do provide minimum essential coverage but that coverage is either unaffordable or doesn’t provide minimum value.An applicable large employer is “an employer that employed an average of at least 50 full-time employees (taking into account ...

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The Affordable Care Act: The Affordability Safe-Harbors (Part 2 of 8)

Posted by Attorney Roger L. Pettit / Comments

Last week I wrote a blog entry on the basics of the Affordable Care Act and some definitions that individuals should be familiar with when reading about the Act.  Remember that effective on January 1, 2014, the Act states than an “applicable large employer” is liable for an assessment payment if any of its full-time employees (averaging 30 or more hours per week) is certified to receive an applicable premium ...

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The Affordable Care Act: The Basics (Part 1 of 8), by Barbara Halpin

Posted by Attorney Roger L. Pettit / Comments

No matter your feelings on the Affordable Care Act, it’s coming whether you’re ready or not so I’ve decided to write a series on blog entries on the Act.  Compliance will be a work-in-progress as businesses determine how to best implement strategies to ensure that penalties aren’t assessed.The IRS, the Department of Labor and other agencies have published guidance on how the Act will be implemented, from the penalties accessed ...

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The D.C. Circuit Court of Appeals Rules that President Obama’s NLRB Appointments Are Invalid, by David A. McClurg

Posted by Attorney Roger L. Pettit / Comments

On January 25, 2013, the D.C. Circuit Court of Appeals invalidated three “recess” appointments that President Obama made to the National Labor Relations Board on January 4, 2012. The court held that such recess appointments can only be made during intersession recesses that occur between the extended sessions of Congress, and not, as President Obama attempted with the three NLRB appointees, during recesses in the middle of a session of ...

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