Legal News

The law is constantly changing. BrownWinick strives to keep you apprised of developments that affect you and your business.

May 07, 2013 NLRB Union Poster Rule Struck Down
| On May 7, 2013, the D.C. Circuit vacated the National Labor Relations Board’s (“NLRB”) rule requiring employers to display posters regarding employees’ right to unionize, bargain and protest.  more >>

May 07, 2013 Employers Must Use New Form I-9
| Beginning May 7, 2013, employers must use the revised Form I-9, Employment Eligibility Verification (Revision 03/08/13) for all new hires and reverifications.  more >>

April 29, 2013 Polk County District Court Reversed a Decision by the Iowa Utilities Board
| Polk County District Court reversed a decision by the Iowa Utilities Board (“IUB”) determining that a proposed “third-party” power purchase agreement for the sale by a solar energy developer to the owner of a city-owned building in Dubuque, Iowa, of electricity generated by a solar array constructed on the roof of the building rendered the developer a regulated public utility and violated the exclusive electric service territory rights of Interstate Light and Power Company (“IPL”). As a result of this district court decision, Iowa became that 23rd state to allow solar energy developers to offer this type of financing option without becoming a regulated public utility.  more >>

April 08, 2013 H-1B Cap Reached for FY 2014
| United States Citizenship and Immigration Services ("USCIS") announced that the numerical limitations have been reached for FY 2014.  more >>

March 12, 2013 New FMLA Forms Released
| Several existing FMLA forms updated after United States Department of Labor ("DOL") made changes to the military leave component of the Family and Medical Leave Act of 1933 ("FMLA").  more >>

March 12, 2013 New Form I-9 Released
| United States Citizenship and Immigration Services ("USCIS") releases new Form I-9 - Employment Eligibility Verification Form.  more >>

February 13, 2013 Major Changes to Iowa's Mechanic's Lien Laws -- Known Your Rights
| If you were not aware, in 2012, the Iowa legislature made major changes to Iowa's Mechanic's Lien laws. These new rules became effective January 1, 2013.  more >>

December 01, 2012 The "Fiscal Cliff" and Post-Election Tax Planning for 2012 and 2013
BrownWinick Estate Planning Group | With the election over and the "Fiscal Cliff" looming, it is a good time to consider all of the potential tax changes coming at the end of the year.  more >>

September 04, 2012 The United States Patent System - The Change is Coming! - Part III
| The America Invents Act (AIA) will move the United States Patent System from a first-to-invent system to a first-to-file system on March 16, 2013.  more >>

August 13, 2012 Employers Should Continue Using Current I-9 Form
| The I-9 Form should be used for all newly-hired employees to verify their identity and authorization to work in the United States.  more >>

June 28, 2012 UPDATE - Key Provisions of 2010 Healthcare Reform Legislation for Small (under 50) Employers
| Yesterday (June 28, 2012), the U.S. Supreme Court upheld the Patient Protection and Affordable Care Act, with the exception that the Federal government's power to terminate Medicaid funding is to be narrowly read.  more >>

June 28, 2012 UPDATE - Key Provisions of 2010 Healthcare Reform Legislation for Large (50+) Employers
| Yesterday (June 28, 2012), the U.S. Supreme Court upheld the Patient Protection and Affordable Care Act, with the exception that the Federal government's power to terminate Medicaid funding is to be narrowly read.  more >>

June 12, 2012 H-1B Cap Has Been Reached
| Sufficient number of H-1B Petitions to reach statutory cap of 65,000 petitions for FY2013.  more >>

June 06, 2012 The United States Patent System - The Change is Coming! - Part II
| One of the more interesting changes imposed on the United States patent system by the America Invents Act is the redefinition of prior art.   more >>

May 24, 2012 The United States Patent System - The Change is Coming!
| Historically, the United States patent system has been a first-to-invent system. That is, in a competition between two inventors seeking a patent on the same technology, the patent has been awarded to the inventor who invented first, not the first inventor to file. The United State patent system, however, will soon change!  more >>

August 29, 2011 NEW RULE REQUIRES EMPLOYERS TO POST NOTICE OF EMPLOYEES’ RIGHTS TO UNIONIZE
| The National Labor Relations Board (NLRB) adopted a new rule which requires most private employers to post a notice of employee rights under the National Labor Relations Act (NLRA) effective November 14, 2011.   more >>

August 12, 2011 Health Care Reform - Status of Legal Challenges -- Update
| On August 12, 2011, a three-judge panel of the United States Court of Appeals for the 11th Circuit ruled that the individual mandate of the Patient Protection and Affordable Care Act ("PPACA") is unconstitutional.  more >>

June 07, 2011 New Markets Tax Credits
| The U.S. Treasury Department and the Internal Revenue Service on Tuesday, June 7, 2011 announced proposed changes to the New Markets Tax Credit program.  more >>

May 25, 2011 Health Care Reform - Repeal of Free Choice Voucher Provision is Good News For Employers
| A budget bill signed on April 15 included the repeal of all provisions of PPACA relating to "free choice vouchers." The voucher provision would have gone into effect in 2014. It required all employers (not just large employers) who offered a group health plan and paid part of their employees' premium cost to provide "free choice vouchers" to each "qualified employee."  more >>

March 30, 2011 Healthcare Reform - Status of Legal Challenges
| A federal judge in Michigan ruled in October 2010 that the "individual mandate" that is scheduled to take effect in 2014 is constitutional. The plaintiffs in the Michigan case objected to the mandate under the law that will require most people to either carry health insurance or pay a tax penalty beginning in 2014.  more >>

March 03, 2011 Department of Homeland Security Issues Proposed Changes to H-1B Process
| On March 3, 2011, the Department of Homeland Security issued a proposed rule that would change the way employers file H-1B petitions.  more >>

January 24, 2011 Using Social Media For Hiring: Is It Worth The Risks?
| The rise in social media sites has provided employers with the opportunity to learn more about job applicants than ever before. It is an enticing notice to be able to take a "sneak peak" into an applicant's personal life. But employers must be wary.  more >>

December 28, 2010 Congress Has Given Those Subject to Estate Tax a Generous Christmas Present
| Although much of the media attention has focused on the extension of the Bush income tax cuts, Congress has given those subject to estate tax a generous Christmas present. Not surprisingly, this Congressional gift is not permanent.  more >>

December 23, 2010 Breaking Good News - IRS Delays Nondiscrimination Rules
| On December 22, 2010, the Department of Treasury, Labor and Health and Human Services published an Advance copy of Notice 2011-1, which provides a welcome delay in the application of the nondiscrimination rules to non-grandfathered insured health plans. Under the Act, these rules were to be effective for the first plan year beginning after September 23, 2010 (January 1, 2011 for calendar year plans).  more >>

December 22, 2010 Red Flags Rule Update - The Exemption of Service Providers
| On December 18, 2010, President Obama signed legislation intended to exempt lawyers, health care providers, accountants and other service providers from having to comply with the Red Flags Rules. For those still covered by the Rule, the Federal Trade Commission will enforce the rules beginning January 1, 2011.  more >>

November 17, 2010 Amendment to Grandfathered Rules Allows Change in Insurer
| On November 17, 2010, the Departments of Treasury, Labor and Health and Human Services published amendments to their June rules regarding grandfathered health plans.  more >>

October 07, 2010 Healthcare Reform Federal Judge Finds Individual Mandate is Constitutional
| On October 7, a federal judge in Michigan ruled that the "individual mandate" that is scheduled to take effect in 2014 is constitutional. The plaintiffs have vowed to appeal the decision.  more >>

October 06, 2010 Generation X: The eXpensive and eXtensive Requirements of XBRL Reporting
| Non-accelerated and smaller reporting company filers subject to the new requirements ("XBRL Reporting") beginning with quarterly reports covering fiscal periods ending on or after June 15, 2011.  more >>

September 28, 2010 Veteran's Day is Fast Approaching - New Law Requires Iowa Employers to Give Veterans A Day Off
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September 27, 2010 Tax Provisions in Small Business Jobs Act of 2010
| On September 16, 2010, the United States Senate passed the Small Business Jobs Act of 2010 (the "Act"). The House passed the Act on September 23, 2010, and President Obama signed the Act into law on September 27, 2010 (the Act's effective date).   more >>

July 12, 2010 Employers Should Beware of FMLA Military Leave Amendments
| n October 28, 2009, the President signed into law the National Defense Authorization Act for Fiscal Year 2010 (“2010 NDAA”). The 2010 NDAA amends the FMLA to expand the military family leave provisions added to the FMLA in 2008, which provide qualifying exigency and military caregiver leave for employees with family members who are covered service members.   more >>

June 22, 2010 New Family and Medical Leave Act (FMLA) Interpretation
| On Tuesday, June 22, 2010, the Wage and Hour Division of the U.S. Department of Labor issued an interpretation letter (No. 2010-3) clarifying the definition of "son or daughter" under the Family and Mediial Leave Act (FMLA), as it relates to "a child of a person standing in loco parentis."  more >>

June 14, 2010 Is Grandfathered Status Worth Maintaining?
| The impact of the 2010 healthcare reform legislation on employer health plans depends in part on whether an employer’s health plan is “grandfathered.” Grandfathering relief allows such plans to avoid many of the new rules and delays the effective dates of others.   more >>

May 31, 2010 COBRA ALERT - COBRA Premium Subsidy Has Expired
| The latest extension of the COBRA subsidy expired May 31, 2010. A provision that would have extended the subsidy for employees terminated through the end of this year was dropped from the “extenders” bill that passed recently.  more >>

May 28, 2010 Red Flags Rule Extended Again
| On May 28, 2010, the Federal Trade Commission announced that it was again delaying the enforcement date.  more >>

May 03, 2010 Key Employee Benefit Provisions of 2010 Healthcare Reform Legislation for Large Employers (more than 50 employees)
| The sweeping healthcare reform legislation enacted this year is exceedingly complex and raises innumerable issues for employers. To add to the complexity, the new rules have varying effective dates, from 2010 to as late as 2018, and the rules for employers vary depending on the number of employees. This article focuses on changes that affect employers with more than 50 employees.   more >>

April 22, 2010 Key Provisions of 2010 Healthcare Reform Legislation for Small Employers (fewer than 50 employees)
| The sweeping healthcare reform legislation enacted this year is exceedingly complex and raises innumerable issues for employers. To add to the complexity, the new rules have varying effective dates, from 2010 to as late as 2018, and the rules for employers vary depending on the number of employees. This article focuses on changes that affect employers with fewer than 50 employees.   more >>

April 15, 2010 COBRA ALERT - COBRA Premium Subsidy Extended for a Third Time
| A third extension of the COBRA premium subsidy law was enacted on April 15, 2010. The Continuing Extension Act of 2010 amended the American Recovery and Reinvestment Act of 2009 (ARRA) to extend the subsidy eligibility period through May 31, 2010.  more >>

March 18, 2010 Hiring Incentives to Restore Employment Act (HIRE)
| On March 18, 2010, President Obama signed into law the new Hiring Incentives to Restore Employment Act (HIRE). The new legislation provides employers with incentives to hire and retain new employees. To encourage employers to hire new employees, HIRE effectively excuses an employer from paying its share of the Social Security employment taxes (6.2% of the first $106,800 of wages).  more >>

March 02, 2010 COBRA Premium Subsidy Extended Again
| A second extension of the COBRA premium subsidy law was enacted on March 2, 2010. The Temporary Extension Act of 2010 amended the American Recovery and Reinvestment Act of 2009 (ARRA) to extend the subsidy eligibility period through the end of this month (March, 2010).  more >>

February 01, 2010 OSHA Form 300A
| Beginning February 1 of each year, employers with ten or more employees must post the OSHA-required Form 300A, which summarizes an employer's reportable injuries and illnesses for the prior year.  more >>

January 13, 2010 COBRA ALERT - Updated Subsidy Notices Now on DOL Website
| The Department of Labor has now posted revised COBRA Subsidy notices to its website. An updated Fact Sheet titled COBRA Premium Reduction is also on the website.  more >>

January 05, 2010 H-1B Cap Has Been Reached
| U.S. Citizenship and Immigration Services (USCIS) announced on December 22, 2009, that it has received a sufficient number of H-1B petitions to reach the cap for fiscal year 2010. USCIS will now begin rejecting cap-subject petitions for new H-1B specialty occupation workers seeking to begin employment during fiscal year 2010.  more >>

December 29, 2009 EPA's Mandatory Greenhouse Gas Reporting Rule - Ethanol Plants
| Effective December 29, 2009, the EPA has promulgated the Final Mandatory Reporting of Greenhouse Gases Rule (40 CFR 98) to require collection and reporting of greenhouse gas (GHG) emissions data.  more >>

December 21, 2009 COBRA ALERT - COBRA Premium Subsidy Extended
| An extension and expansion of the COBRA premium subsidy law was enacted on December 21, 2009. The subsidy was to expire on December 31.   more >>

October 31, 2009 Red Flags Rule Enforcement Date Update
| On October 31, 2009, the Federal Trade Commission announced that it was again delaying the enforcement date.  more >>

July 30, 2009 Updated on the Federal Trade Commission Red Flags Rule
| On July 29, 2009, the Federal Trade Commission ("FTC") announced that it would again delay the enforcement date of the Red Flags Rule. The new enforcement date is November 1, 2009.  more >>

July 27, 2009 Federal Trade Commission Red Flags Rule
| The "Red Flags Rule" requires many businesses and organizations to implement a written Identity Theft Prevention Program. Although the Rule has been in effect since January 1, 2008, the enforcement date of such Rule has been delayed until August 1, 2009. The Red Flags Rule is an effort to combat identity theft and provide guidelines for the detection, prevention and response to identity theft.  more >>

June 13, 2009 Federal/State Grant Programs & Incentives - Renewable Energy Production and Energy Efficiency
| Earlier this year, the American Recovery and Reinvestment Act of 2009 (“Stimulus Bill”) created, expanded, and reauthorized many federal grant programs relevant to renewable energy production and energy efficiency. In addition, the State of Iowa offers many grant programs to both public and private organizations.   more >>

March 01, 2009 COBRA ALERT
| The American Recovery and Reinvestment Act of 2009 (the "Stimulus Bill") signed into law on February 17, 2009 includes the most significant changes to the health care continuation rules since COBRA was enacted in 1985. It provides a temporary subsidy for COBRA premiums and is generally effective March 1, 2009.  more >>

September 01, 2008 Deadline for Section 409A Compliance is Imminent
| After last year's extension, the deadline for nonqualified deferred compensation arrangements to comply with Section 409A of the Internal Revenue Code is now December 31, 2008.  more >>

July 01, 2008 Franchisors Beware - Compliance With New Disclosure Rule Becomes Mandatory on July 1, 2008
| For many years, franchisors (in addition to complying with state laws) have been required by federal law to provide prospective franchisees with a comprehensive disclosure document prior to entering into a franchise agreement or even having a personal meeting with a prospective franchisee.   more >>

June 18, 2008 2008 Farm Bill - Impact on Grower Contracts
| The Food, Conservation, and Energy Act of 2008, commonly referred to as the 2008 Farm Bill, was enacted on June 18, 2008. The new law contains a number of provisions that will affect production contracts between swine owners and contract growers. These provisions, discussed below, are important because the new requirements apply to all contracts entered into, amended, altered, modified, renewed, or extended after June 18, 2008.   more >>

June 17, 2008 The Heroes Earnings Assistance and Relief Tax Act - Employee Benefit Provisions
| The Heroes Earnings Assistance and Relief Tax Act (generally referred to as the "Heroes Act" or the "HEART Act") was signed into law by President Bush on June 17, 2008.  more >>

March 01, 2008 New Filing Requirements for Small Charities - Form 990-N (e-Postcard)
| In years past, tax-exempt organizations with annual gross receipts less than $25,000 were not required to file an annual Form 990 return with the IRS. The Pension Protection Act of 2006 changed the rule for such small organizations, and most tax-exempt entities will now be required to file an annual form of some kind with the IRS.  more >>

February 15, 2008 New SEC Rules May Make It Easier to Sell Your Securities
| If you have purchased securities in a private equity offering, you likely hold "restricted securities." For many of you, this means you are currently prohibited from selling your securities to someone else. This is because securities laws restrict resales of securities that were originally issued in offerings not registered with the SEC. To resell your securities, you must register the resale with the SEC or the resale must qualify for an exemption from registration. Rule 144 is a safe harbor you may use to comply with this requirement.  more >>

February 01, 2008 Working Opportunity Tax Credit - Newly Hired Rural Employees
| With tax season in full swing it is never too early to start thinking about doing some business tax planning for 2008. In May of 2007, the Work Opportunity Tax Credit (WOTC) was expanded to grant a tax credit to employers who hired designated community residents from rural renewal counties during the tax year.  more >>

June 28, 2007 The Price Is Right: The U.S. Supreme Court Abolishes Century-Old Minimum-Price Restrictions
| For nearly a century, federal law has limited the ability of manufacturers to control the retail prices of the goods they produce. In 1911, the United States Supreme Court ruled that the Sherman Act, one of the nation’s primary anti-trust laws, prohibits contracts between manufacturers and retailers to set minimum retail prices. During the following decades, the Court gradually eroded the impact of that restriction. On June 28, 2007, the Court struck the final blow and ended the restriction for good.   more >>

June 08, 2006 Understanding Liability Issues Affecting Wineries and Grape Growers
| As those of us engaged in grape growing and/or ownership and operation of a winery know all too well, there are typically not enough hours in the day, not enough days in the week, and not enough weeks in the month to get everything done. Often that means that we do not give adequate attention to the liability issues that accompany these activities, and more importantly, to the steps that can and should be taken to minimize this liability and to insure against it.  more >>