Giving Thanks

A TIME

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We'd like to share our gratitude, along with some recipes that have brought us comfort and joy over the years

Dane County Public Health Emergency Order #10

UPDATE 11/22/20

On November 20, 2020 PHMDC amended the definition of “mass gathering” under Amended Emergency Order #10. A mass gathering is now “any gathering of individuals that are not members of the same household or living unit.”

UPDATE 11/17/20

Starting Wednesday, November 18, in Dane County, all indoor mass gatherings are banned and all outdoor mass gatherings are limited to no more than 10 individuals under Public Health Madison & Dane County (PHMDC) Emergency Order #10. Sports activities, group exercise classes, meetings, and trainings are subject to the same mass gathering restrictions. The order expires on December 16.

As a reminder, a mass gathering is “a planned event with a large number of individuals in attendance, such as a concert, festival, meeting, training, conference, performance, show, or sporting event. Individuals that are members of the same household or living unit do not count towards the mass gathering numbers.”

The other requirements from previous PHMDC emergency orders remain in place. You can find Lake Effect’s summaries of the previous orders here.

Lake Effect is here to answer your questions about how local and state public health orders apply to employers. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

Employee Holiday Travel during COVID-19

Traditionally, November and December are months when employees take more time off to travel and/or spend time with family and friends for holidays. This year, employers and employees need to consider the health risks involved in traveling and group gatherings due to the COVID-19 pandemic. The reality is that employees’ increased exposure to COVID-19 can present risks to co-workers, customers, and the overall reputation of an organization.

We encourage employers to review current policies regarding time off during the holidays to see if they reflect current practices and current COVID risk mitigation measures. As with any issue related to the pandemic, employees and employers should adhere to current guidance provided by the CDC, as well as local and state guidelines in their home area and in any areas they may visit. The CDC website has valuable information related to Travel During the COVID-19 Pandemic, as well as a page specifically related to Holiday Travel. Although employers cannot dictate whether or not an employee travels during non-work time, employers are well-advised to share this information with employees so they fully appreciate the risks involved with travel and gatherings.

In the event that employees are exposed to or test positive for COVID-19 during the holiday season, employers should consult this helpful resource provided by PHMDC.

Lake Effect is here to answer your questions about protecting your workforce and complying with state and local public health orders. We continue to monitor important legal and HR developments, including COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

Governor Evers Recommends Continued COVID Mitigation Efforts

On November 10, 2020, Governor Evers presented a public address and signed Executive Order #94, strongly advising that all residents and businesses continue following stringent COVID-mitigation efforts. While this order has no enforcement capability, it serves as a reminder to minimize interactions outside of households. For businesses, it provides no new restrictions, but it reiterates the importance of permitting employees to work from home wherever feasible and maintaining preventive measures in the workplace for employees and customers alike.

Lake Effect is here to answer your questions about protecting your employees and complying with state and local public health orders. We continue to monitor important legal and HR developments, including COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

Benefit Limits for 2021

Each year, the IRS sets new limits for High Deductible Health Plans, Health Savings Accounts, and Flexible Benefit Plans. Please see below for our ready reference chart setting forth the Benefits Limits for the 2021 tax year.

Download Table

2021 2020
Flexible Spending Accounts (FSAs)
Healthcare FSA max election (per year) (incl. LTD FSA) $2,750 $2,750
Healthcare FSA max rollover $550 $550
Dependent Care FSA max election (per year) (Single or Married Filing Jointly) $5,000 $5,000
Dependent Care FSA max election (per year) (Married Filing Separately) $2,500 $2,500
Transportation Benefits
Parking Account $270/mo $270/mo
Transit Account $270/mo $270/mo
High Deductible Health Plan Requirements to Contribute to an HSA
HDHP min annual deductible – Self-only $1,400 $1,400
HDHP min annual deductible – Family $2,800 $2,800
HDHP out-of-pocket max – Self-only $7,000 $6,900
HDHP out-of-pocket max – Family $14,000 $13,800
HSA max contribution limit – Self-only $3,600 $3,550
HSA max contribution limit – Family $7,200 $7,100
HSA catch up contribution limit (age 55) $1,000 $1,000
ACA Plan Limits
Maximum Out-of-Pocket (Self-Only or Individual in a Family) $8,550 $8,150
Maximum Out-of-Pocket (Family) $17,100 $16,300
Salary Thresholds for Non-discrimination Testing
Highly compensated employees $130,000 $130,000
Key employees $185,000 $185,000
Retirement Plans (401(k), 403(b))
Elective contributions $19,500 $19,500
Max ER and EE contributions for those 49 and younger $58,000 $57,000
Catch-up contributions $6,500 $6,500
Max ER and EE contributions for those 50+ $64,500 $63,500

Employees Must Notify Their Employers of Positive COVID-19 Result

According to a November 4, 2020 blog post, Public Health Madison & Dane County (PHMDC) will no longer notify employers that an employee has tested positive for COVID-19 unless the employee works for a school, or a childcare, healthcare, or congregate living facility. Instead, employees are responsible for notifying their employer if they tested positive, and working with their employer to identify other employees, customers, or clients who have been in close contact with the employee who tested positive. This is a significant shift in Dane County’s contact tracing due to the high number of positive tests in the community.

Dane County employers should follow guidance from PHMDC if an employee tests positive. Employers should then, to the best of their ability, notify other employees, customers, or clients who had close contact with the affected employee. As a reminder, see our prior blog for the new “6-15-24-48 analysis” in determining who has had “close contact.”

Lake Effect is here to answer your questions about protecting your employees and complying with state and local public health orders. We continue to monitor important legal and HR developments, including COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

Close Contact in the Workplace: Think 6-15-24-48

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The CDC has updated its definition of “close contact” and it is now referred to as the “6-15-24-48 analysis.” The updated guidance defines a “close contact” as someone who was:

  • within 6 feet of an infected person
  • for a cumulative total of 15 minutes or more
  • over a 24-hour period
  • starting from two days (48 hours) before illness onset (or, for asymptomatic patients, two days prior to test specimen collection) until the time the patient is isolated.

Employers who have employees experiencing COVID-related symptoms or who have tested positive for COVID should ask the employee to identify others with whom they were in close contact as described above. Note, the new definition now includes individuals with whom the employee was in contact for shorter periods of time that add up to 15 minutes or more within a 24 hour period. For example, this would cover contacts lasting five minutes at lunch, five minutes at the end of the workday, and 5 minutes the next morning.

As employers continue to monitor and respond to COVID-related situations in the workplace, they should update internal policies and procedures to match the current CDC guidelines, as well as guidance from their state or local public health departments or health orders.

As a reminder, these are the current CDC-designated symptoms of COVID-19:

  • Fever or chills
  • Cough
  • Shortness of breath or difficulty breathing
  • Fatigue
  • Muscle or body aches
  • Headache
  • New loss of taste or smell
  • Sore throat
  • Congestion or runny nose
  • Nausea or vomiting
  • Diarrhea

Lake Effect is here to answer your questions about employer compliance with state and local public health orders. We continue to monitor important legal and HR developments, including COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
Lake Effect HR & Law is in business to maximize each client’s workplace potential with a commitment to kindness, true partnership, and exceptional service.

OSHA Issues Guidance on Reporting Work-Related COVID-19 Hospitalizations and Deaths

On September 30, 2020, OSHA published new guidance on employers’ obligations to report employee in-patient hospitalizations and fatalities resulting from work-related cases of COVID-19.

Employers must report hospitalizations with 24 hours: In order to be reportable, an employee’s in-patient hospitalization due to COVID-19 must occur within 24 hours of exposure to the virus at work. If the hospitalization occurs later, it is not reportable. Furthermore, an employer’s duty to report is triggered when the employer knows both that the employee has been hospitalized and that the reason for the hospitalization was COVID-19 exposure at work within 24 hours prior to hospitalization. Once the employer knows both, it has 24 hours to report the hospitalization.

Employers must report fatalities within 8 hours: In order to be reportable, a fatality caused by COVID-19 must occur within 30 days of exposure to the virus in the workplace. If the death occurs later, it is not reportable. Furthermore, an employer’s duty to report arises when the employer knows both that the employee has died of COVID-19 and that the cause of death was work-related exposure to the virus within the prior 30 days.  Once the employer knows both, it has 8 hours to report the fatality.

Notably, the guidance does not specify how employers should decide whether or not a COVID-19 exposure was work-related for purposes of reporting hospitalizations or fatalities. Therefore, employers are left to follow prior OSHA guidance issued in May 2020 as to “whether it is more likely than not that exposure in the workplace played a causal role with respect to a particular case” of COVID-19.

An employer may report a work-related COVID-19 hospitalization or death in any of the following ways:

  • Calling the nearest OSHA office
  • Calling the OSHA 24-hour hotline at 1-800-321-OSHA (6742); or
  • Reporting online.

OSHA-covered employers must record all work-related confirmed cases of COVID-19.  See Lake Effect’s prior blog on this topic.

Lake Effect is here to answer your questions about OSHA reporting obligations relating to COVID-19. For a deeper dive into this issue, contact us at info@le-hrlaw.com or 1-844-333-5253. We continue to monitor important legal and HR developments, as well as COVID-related updates, from federal, state, and local authorities. Please keep watching our blogs and emails for the latest information.

Lake Effect is committed to helping your organization maximize its workplace potential, ensuring compliance while preserving your unique culture.

UI Notice Required at Time of Separation of Employment

Beginning November 2, 2020, Wisconsin employers must notify employees at the time of separation from employment of the availability of Unemployment Insurance (UI) benefits. Notice of unemployment rights can be given to employees by email, text message, letter, or by providing the DWD printed poster in person or by mail.

The content of the notice should include when and how an employee can file for unemployment, unemployment resources, and UI contact information. The DWD provides suggested language to include in end of employment communications to employees, including the digital poster. We encourage employers to use the suggested language and the customizable digital poster. This poster needs to be posted at all times in your workplace or electronically in the case of remote workers.

Note that providing the notice does not necessarily mean that employees will meet the requirements of the Wisconsin UI eligibility laws and/or receive benefits.

Lake Effect is here to answer your questions about employee onboarding, offboarding, or compliance with applicable state and federal employment laws. We continue to monitor important legal and HR developments, as well as COVID-related updated from federal, state, and local authorities. Please keep watching our blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Wisconsin Judge Reinstates Emergency Order Restricting Indoor Gatherings

Update 11/06/2020

The Governor’s Emergency Order #3, which limited indoor gatherings throughout Wisconsin, expired on November 6, 2020. On the same day, the Wisconsin Supreme Court ruled that a lower court should have issued an injunction blocking enforcement of the Emergency Order.

Update 10/26/2020

The statewide indoor capacity restrictions in Emergency Order #3 are not enforceable, at least for now. On October 23, 2020, a Wisconsin court of appeals reinstated a temporary injunction blocking enforcement of the statewide restrictions. The court of appeals decision follows conflicting rulings from two district courts on whether Emergency Order #3 should be enforced pending the outcome of the lawsuits filed against Governor Evers’ administration.

This is a constantly evolving issue. Employers should ensure they are following the current state and local public health restrictions applicable to their organization. Summaries of the public health orders can be found here.


10/20/2020

On October 19, 2020, Barron County Circuit Judge James C. Babler reinstated Emergency Order #3, which limits indoor gatherings throughout Wisconsin to no more than 25% of the total occupancy limit for the room or building. DHS Secretary Andrea Palm’s Emergency Order #3, effective from October 8 until November 6, 2020, exempts schools, polling locations, political rallies, churches, and some businesses, such as grocery stores. On October 14, 2020, a Sawyer County district court had temporarily blocked the Order in response to a lawsuit from state Tavern League members, who argued that Secretary Palm did not have authority to pass the statewide limitations.

Immediately following Judge Babler’s decision to uphold the statewide restrictions, Governor Evers issued a press release stating, “This critically important ruling will help us prevent the spread of this virus by restoring limits on public gatherings. This crisis is urgent.” See Lake Effect’s prior blog on Emergency Order #3.
As a reminder, employers must comply with any local public health orders such as those in Dane County that impose stricter requirements than those set forth in Emergency Order #3. See Lake Effect’s summary of local health orders.

The Lake Effect team will continue to monitor important COVID-related updates such as these from federal, state, and local authorities. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Lake Effect HR & Law, LLC
(844) 333-5253 (LAKE)
info@le-hrlaw.com

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