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Receivership or Chapter 11: Which One is Right for Your Company?

Posted by Attorney David J. Espin in Bankruptcy / Comments

If your business has hit a rough patch, it's facing a big judgment, or if the bank is calling its loan due, you may be wondering what options are available for your company. Assuming you don't want to hand the keys to the bank and move on to a new venture, two options exist for Wisconsin business owners: (1) a receivership under chapter 128 of the Wisconsin statutes, or (2) ...

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The Winding Road of Wisconsin Non-Compete Law

Posted by Attorney David J. Espin in Non-Competes / Comments

If you're a Wisconsin business owner looking to protect your company's confidential information, customers, or personnel with a non-compete agreement, it can sometimes feel like the legal ground is constantly shifting beneath your feet. In a sense, it is. There may be no other area of law in which the guidelines on what is and is not permissible changes so often. A short review of recent Wisconsin court decisions demonstrates ...

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Theft by Contractor Claims and Dischargeability

Posted by Attorney David J. Espin in Theft by Contactor / Comments

One of the industries hit hardest by the financial crisis was the construction industry, which includes many prime contractors and subcontractors. In addition to the effects of the slowdown in housing construction, contractors are particularly vulnerable to recessions due to their reliance on payments from other contractors up and down the construction chain. When one contractor goes under, they will often drag others down with them. This leads to contractors ...

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Appellate Court Restricts Wisconsin's "Substantial Fault" Disqualification Standard for Unemployment Benefits

Posted by Attorney David McClurg in Human Resources, Unemployment Law, Unemployment Disqualification Standards / Comments

The Wisconsin Court of Appeals recently narrowed the scope of the "substantial fault" disqualification standard, added to Wisconsin's Unemployment Act in 2013, by broadly interpreting the exceptions to that standard.

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OBAMA INCREASES EXECUTIVE ACTION ON LABOR & EMPLOYMENT ISSUES

Posted by Attorney David McClurg in Labor Relations / Comments

After years of gridlock, President Obama declared in his State of the Union address that he would move forward on employment issues “with or without Congress.” His first Executive Order tied to this threat increased the minimum wage for workers under new federal contracts from $7.25/hour to $10.10/hour, in part to “help build momentum for a minimum wage hike for all Americans.” This Order applies to new contracts and renewals ...

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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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