Bruce B. Deadman
Senior Attorney

Location: Green Bay
T: 920.431.2228
F: 920.435.9391
318 S. Washington Street, Suite 300
Green Bay, WI 54301

Publications: Attorney Bruce B. Deadman

  • REMINDER: It’s Time for School Districts, Municipalities and Other Tax-Exempt Entities That Sponsor 403(b) Plans to Adopt New Pre-Approved Documents

    June 5, 2018

    Reminder: It’s not too soon for sponsors of 403(b) plans to start the process of adopting IRS pre-approved plan documents. Under a new program, local governments, school districts and other tax-exempt entities that sponsor retirement plans under Section 403(b) of the Internal Revenue Code (the “Code”) can for the first time receive IRS determination letters that their plan documents comply with all legal requirements. In order to receive the protection of an IRS determination letter, a plan sponsor needs to adopt a pre-approved plan document before March 31, 2020. Background Under a 403(b) plan, eligible employees of governments, public school systems and...

  • Wisconsin Legislature Closes Temporary Employee "Loophole"

    March 19, 2018

    The Wisconsin Court of Appeals recently identified a loophole in the “grand bargain” which impacts all Wisconsin employers who use a staffing agency to provide them with temporary employees, or who “borrow” employees from another employer. Fortunately, the Legislature acted with unusual speed to close that loophole. In Estate of Rivera vs. West Bend Mutual Insurance Company and Alpine Insulation, (Appeal No. 2017AP142), the Wisconsin Court of Appeals held that temporary employees who are injured on the job may choose to either file a claim under workers’ compensation or commence a lawsuit against the temporary employer in court. The Court also...

  • Menards Saves Big Money With Independent Contractor Decision from NLRB

    December 13, 2017

    Over the last few years, we’ve penned several Client Alerts concerning the (usually rough) treatment state and federal agencies have given businesses who have tried to treat workers as independent contractors rather than employees. The “alphabet” agencies (IRS, DOL, OFCCP, UC and others) generally take a dim view of independent contractor arrangements, and frequently find independent contract workers to be employees unless several often varying criteria are strictly complied with. In an apparent departure from this trend, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) recently found that Menards had properly classified three different categories of delivery...

  • It’s Time for Tax-Exempt Entities to Restate Their 403(b) Plans

    August 25, 2017

    Under a new IRS program, tax-exempt entities who sponsor 403(b) retirement plans can adopt pre-approved documents that include determination letters that confirm the tax-qualified status of their plans. Plan sponsors need to adopt pre-approved plans before March 31, 2020, in order to qualify for the program. Under a 403(b) plan, eligible employees can elect to make pre-tax contributions towards the cost of their own retirement benefits. The accumulated savings is most often used to purchase an annuity when the participant retires. Until now, a plan sponsor could not receive a determination from the IRS that its 403(b) plan satisfied all...

  • It’s Time for Tax-Exempt Entities to Restate Their 403(b) Plans

    July 14, 2017

    Under a new program, tax-exempt entities who sponsor retirement plans under Section 403(b) of the Internal Revenue Code (the “Code”) can receive confirmation that their plan documents comply with all IRS requirements. In order to receive the protection of an IRS determination letter, a plan sponsor needs to adopt a pre-approved plan document before March 31, 2020. Background Under a 403(b) plan, eligible employees of 501(c)(3) entities and public school systems can elect to make contributions towards their own retirement benefits. (Cooperative hospital service organizations, as well as ministers, may also be eligible to establish 403(b) programs.)The benefit paid under a...

  • New OSHA Rules May Restrict Post-Accident Drug Testing and Safety Incentive Programs

    July 8, 2016

    On May 12, the Occupational Health and Safety Administration (OSHA) published new rules relating to record-keeping, injury reporting, post-accident drug testing, safety incentive programs, and retaliation against employees for reporting an accident or injury. This article focuses on the last four items that become effective on August 1, 2016. All employers, regardless of size, should revisit their injury reporting, drug testing and safety incentive programs immediately to address these new rules. Some commentators have opined that these rules are the death knell of mandatory post-accident testing. Time will tell if that is so, but it is clear that long-standing employer...

  • New overtime rules announced. Millions of employees impacted. Are you ready?

    May 18, 2016

    Breaking News: Federal Judge Blocks DOL Overtime Rules (November 23, 2016) Original May 2016 article: On Tuesday, May 17, the Department of Labor (DOL) announced new rules on overtime pay, fulfilling President Obama’s 2014 promise to raise the salary level at which employers are required to pay overtime. These changes will have wide impact for virtually all profit and non-profit organizations, and the DOL estimates that almost 4.2 million U.S. workers who are currently exempt will now be eligible for overtime compensation under the new salary level requirements. The rules provide that employers must implement these changes by DECEMBER 1, 2016. It...

  • Labor & Employment Attorney Bruce Deadman Discusses Overtime Regulation Changes in New North B2B Publication

    August 1, 2015

    Bruce Deadman of Davis & Kuelthau’s employee benefits and labor and employment teams authored an article, Department of Labor Unveils Long-Awaited Proposed Overtime Rules for New North B2B's August 2015 publication. To read the article, please click here....

  • Proposed FLSA Regulations Impact Compensation of Salaried Employees

    July 1, 2015

    On June 30, the United States Department of Labor (DOL) released a 295-page Notice of Proposed Rulemaking (NPRM), seeking public comment on proposed rules amending the Fair Labor Standard Act’s (FLSA’s) “white collar” overtime regulations. The proposed changes will nearly double the salary exemption floor for full-time salaried employees and lay the framework for that floor to rise every year. The proposed rules would also increase the total compensation requirement needed to exempt highly compensated employees (HCEs) from overtime to the annualized value of the 90th percentile of weekly earnings of full-time salaried employees (or $122,148 annually). The proposed rules...

  • Labor & Employment Client Newsletter

    February 24, 2015

    Featured News: Act 10 and Total Employee Compensation Review School Board Policies On Releasing Student Directory Data Event: Davis & Kuelthau's 37th Annual Public Officials Program Act 10 and Total Employee Compensation How well do your employees understand their total compensation beyond their base salary? Many employers are now providing information directly to individual employees with respect to how much the employer contributes toward their health insurance benefits. An employee’s total compensation, though, includes other benefits you provide, such as contributions toward retirement benefits. If you are a public employer participating in the Wisconsin Retirement System (WRS), you may have received questions about what types...

  • Tightening of “White Collar” Exemption Rules Is On The Horizon

    January 5, 2015

    In March of 2014, President Obama directed the U.S. Department of Labor (DOL) to “modernize and streamline” its regulations concerning who is (and is not) covered under the Fair Labor Standards Act (FLSA) Section 13(a)(1) overtime exemption for executive, administrative professional, and outside salesperson employees. A proposed rule was originally expected in November of 2014, but is now anticipated to be issued in February of 2015. While no one knows with certainty what the proposed rule will include, the prevailing wisdom is that it will: Include a substantial increase in the minimum salary amount, which has been $455 per week since...

  • Court Ruling and DOL Proposal Adds Confusion to Wisconsin Same-Sex Couple Access to Federal FMLA Benefits

    June 24, 2014

    On June 6, Federal District Judge Barbara Crabb held in Wolf et al v. Walker that the prohibition against same-sex marriages in Wisconsin found at Article XIII, § 13 of the Wisconsin Constitution violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Initially, Judge Crabb, unlike judges in other states faced with similar cases, did not stay the effect of her ruling pending anticipated appeals by the State to the Seventh Circuit Court of Appeals. As a result, all but 19 of Wisconsin’s counties began issuing marriage licenses to same-sex couples, and an estimated 700...

  • President Signs Executive Order Increasing Minimum Wage for Some Employees of Federal Contractors and Subcontractors

    February 26, 2014

    On February 12, 2014 President Obama signed an Executive Order establishing a minimum wage of $10.10 for the employees of certain federal contractors and subcontractors. The increased minimum wage requirement is effective January 1, 2015 and applicable to any contract entered into on or after the date of the Order. There has been a lot speculation and some confusion regarding the scope of the Executive Order. The purpose of this Client Update is to provide clarification, to the best extent possible, as to what contracts are covered and which are not. The Order does direct the Secretary of Labor to issue...

  • More Record Keeping Ahead for Federal Contractors and Subcontractors

    December 16, 2013

    Federal and state contractors and subcontractors who are required to maintain an Affirmative Action Plan (AAP) have some additional plan work to do within the next year involving the 2010 Census Data. But just what are these new requirements and who is affected. Who is a Federal Contractor or Subcontractor? If your company does business with the federal government, you are most likely a federal contractor under Executive Order 11246. The Office of Federal Contract Compliance (OFCCP) enforces this Order, as amended, which prohibits federal contractors and federally-assisted construction contractors and subcontractors, who do more than $50,000 in government business in...

  • Employing Home Care Assistance? The DOL Has Changed the Wage Rules.

    September 20, 2013

    On September 17, 2013, the U.S. Department of Labor (DOL) announced a final rule extending Fair Labor Standards Act (FLSA) minimum wage and overtime protections to nearly two million workers who provide home care assistance to the elderly, ill and disabled. The rule takes effect January 1, 2015. In announcing the rule, Secretary of Labor Thomas E. Perez stated, “Today we are taking an important step toward guaranteeing that these professionals receive the wage protections they deserve." Critics, on the other hand, believe that the new rule will harm many who need in-home care because they and their families will no longer...

  • Notice to Federal Contractors: New Census Data Required

    June 11, 2013

    The Office of Federal Contract Compliance (OFCCP) recently announced that affirmative action plans dated January 1, 2014 or later need to use 2010 Census data (as opposed to 2000 census data). Contractors who wish to use that data immediately may choose to do so. Read the OFCCP’s official announcement here. As a result, federal contractors will have to use the new Census data for availability, impact ratio analyses, and other matters associated with those plans no later than January 1, 2014. Gathering and interpreting Census data, and matching it to appropriate job descriptions and geographic data sets, may require more time...

  • Immigration Developments: The New I-9 and Recent Senate Bill

    April 30, 2013

    The U.S. Citizenship and Immigration Services (USCIS) recently announced that the official revised Employment Eligibility Verification Form (commonly referred as the I-9 form) is now available and that employers should begin using it immediately. The new form can be identified via a revision date of March 8, 2013 in the lower left hand corner and can be obtained at: According to USCIS, the new form contains several improvements designed to reduce completion errors. These include: Additional data fields, including the employee’s foreign passport information (if applicable) and telephone and e-mail addresses. Improvements to the form’s instructions. A revised layout of the form, including...

  • New FMLA Poster Required by March 8, 2013

    February 15, 2013

    On February 6, 2013, the Department of Labor's Wage and Hour Division issued final FMLA regulations which take effect on March 8, 2013. Most of the new regulations deal with seldom used FMLA provisions such as military caregiver leave and qualifying exigency leave for parental care, and job-protected leave for airline personnel and flight crews. The new regulations mean that an updated FMLA Poster should be used starting no later than March 8, 2013. The poster may be downloaded for free from the DOL website by clicking here. DOL has also prepared a helpful comparison of the 2008 regulations and the...

  • NLRB Issues Final Posting Rule

    September 8, 2011

    On Aug. 30 the National Labor Relations Board published a final rule requiring that employers covered by the National Labor Relations Act (NLRA) post a new notice advising employees of their right to engage in collective bargaining activity. The rule states that by Nov. 14, 2011, all NLRA-covered employers must display the poster in the workplace. If an employer commonly posts notices on its intranet, the notice must be posted there as well. However, employers are not required to transmit the rule or poster by email or text messaging. The NLRA applies to most private sector employers, not just those...

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