Biden Administration Impact on the Workplace

Just one week into his administration, President Biden has signaled that he will take a fresh look at current issues affecting American workers and workplaces. His recent executive orders and memoranda include the following actions: Halt Final Rules governing tip pools and independent contractors: This Executive memorandum stays pending final rules that have been published […]

New CDC Guidance Requires Informed Consent for Workplace COVID-19 Testing

On January 21, 2021, the U.S. Center for Disease Control (CDC) issued new guidance for non-healthcare employers who conduct workplace COVID-19 testing. While the CDC previously confirmed that workplace testing is permissible as part of a comprehensive approach to reducing virus transmission, the new guidance clarifies that it should not be conducted without employees’ informed […]

DOL provides additional guidance on tipped employees

***Update, January 27, 2021*** UPDATED BY EXECUTIVE ORDER – CLICK HERE FOR UPDATED INFORMATION **** On January 15, 2021, the US Department of Labor’s Wage and Hour Division (WHD) issued two opinion letters relating to tipped employees. In FLSA2021-4, the WHD considered whether a restaurant may institute a tip pool that includes both servers (for […]

Governor Evers Extends Statewide Public Health Emergency and Mask Mandate

On January 19, 2021, Governor Tony Evers issued Executive Order #104 extending the statewide public health emergency for another 60 days, and Emergency Order #1 extending the statewide mask mandate until March 20, 2021. This emergency order maintains the same face mask requirements that were included in the previous mandates. Lake Effect’s summary of the […]

DOL clarifies FLSA’s “amusement or recreational establishment” exemption

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On January 15, 2021, the Wage and Hour Division (WHD) of the US Department of Labor issued opinion letter FLSA2021-3. The letter explores the scope of Section 13 (a)(3) of the Fair Labor Standards Act (FLSA), which creates an exemption from the minimum wage and overtime provisions for “an employee employed by an establishment which […]

State Employment Laws to Consider with Remote Workers

Employers across the country – from small nonprofits to multi-national corporations – are grappling with whether and how to maintain a remote workforce with employees in multiple states. There are distinct advantages to allowing employees to work from their home, wherever that may be, and opening the applicant pool to a remote workforce. (See our […]

Dane County Public Health Emergency Order #12

Public Health Madison & Dane County (PHMDC) has issued a new public health order, Emergency Order #12, effective January 13, 2021. The primary changes are summarized below and are outlined by PHMDC in its comparison of Emergency Orders #11 and #12. Outdoor Gatherings. Outdoor mass gatherings are permitted with up to 50 individuals, not including […]

DOL Issues Final Rule on Independent Contractor Status under FLSA

***Update, January 27, 2021*** UPDATED BY EXECUTIVE ORDER – CLICK HERE FOR UPDATED INFORMATION **** On January 6, 2021, the US Department of Labor announced a final rule establishing the test for whether a worker will be classified as an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). The final rule […]

DOL Issues Timely Wage and Hour Rule and Guidance

***Update, January 27, 2021*** UPDATED BY EXECUTIVE ORDER – CLICK HERE FOR UPDATED INFORMATION **** Over the last few weeks, the Department of Labor (DOL) has been busy ticking items off its to-do list. We have seen action on everything from tip pooling to employee notices to travel time. Tip Pooling and Tip Credits In […]