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.

Statewide Limits on Indoor Public Gatherings

On October 14, 2020, a Sawyer County district court temporarily blocked Governor Evers administration’s Emergency Order #3, which limits indoor public gatherings statewide. The Court will hear arguments on Monday, October 19, to decide whether to issue a permanent injunction that would permanently block enforcement of Emergency Order #3, unless a higher court overrules that decision.

Earlier this week on October 12, a Polk County district court upheld Governor Evers’ Executive Order #90, extending the state’s public health emergency declaration, and Emergency Order #1, requiring all individuals in Wisconsin over the age of four to wear face coverings when in an enclosed space with people outside their household. That order was extended and is in effect until November 21.

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 the statewide 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.

Review Employee Voting Rights As Elections Near

As we near the end of October, federal, state, and local elections are right around the corner. It is a good time for employers to review relevant policies and legal obligations towards employees who seek time off to vote or otherwise participate in the election process.

Under Wisconsin law, an employee who is entitled to vote in a public election must be given up to three (3) consecutive hours off work while the polls are open. An employee who plans to take time off to vote must notify their employer before election day, and the employer may designate the time of day for the absence (for example, at the start or end of a shift or work day). An employer need not pay an employee for time off to vote, but it may not penalize the employee in any way for taking that time off. Wis. Stat. §6.76.

An employee who wishes to participate in the election process as a registered poll worker has no similar right to time off work under Wisconsin law. However, employers may permit employees to take available paid or unpaid time off, such as vacation, paid time off, or community service time, for that purpose. Employers should take steps to ensure consistent treatment of all employees who request time off for election-related reasons.

In addition, employers should review any applicable collective bargaining agreements, handbooks, and internal policies that may provide greater rights than those set forth in Wisconsin’s voting rights statute.

Finally, employers should keep in mind that other states may impose different or additional requirements with regards to employee voting. A number of states, such as Illinois, require employers to provide paid time off for employees to vote. Other states have more stringent notice provisions. For example, New York requires employers to post a notice within 10 days of each election informing employees of their rights regarding voting time.

If you have questions about election-related issues as they impact your workforce inside or outside of Wisconsin, the team at Lake Effect HR & Law is happy to assist. Lake Effect continues to monitor important legal and HR developments, as well as COVID-related updates 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.

DOL Announces Proposed Rule on Independent Contractor Status under the FLSA

On September 22, 2020, the US Department of Labor proposed a new rule to clarify whether a worker will be classified as an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). The proposed rule will be available for review and public comments for 30 days after it is published in the Federal Register.

The proposed rule adopts an “economic reality” test to determine a worker’s status. That test focuses on whether a worker is economically dependent upon an employer for work or is truly in business for themselves . Economic dependence is the ultimate inquiry. In applying this test, the two most important factors are:

  • Who exercises substantial control over key aspects of work performance? Where the worker sets their own schedule, selects projects, and retains the ability to work for an employer’s competitors, this factor will weigh in favor of independent contractor status. In contrast, where the employer sets the schedule, controls the workload, and requires the worker to perform work exclusively for that employer, this factor will weigh in favor of employee status.
  • Does the worker have an opportunity for profit or loss (i.e. an ability to affect their earnings by the exercise of their own management and initiative)? If the worker can earn more or lose profits based upon their own managerial skills or business acumen, for example by hiring helpers or choosing particular equipment or materials, this factor will weigh in favor of independent contract status. If the worker is unable to affect their earnings or is only able to do so by working more hours or working more efficiently, this factor will weigh in favor of employee status.

Other factors to be considered in assessing independent contractor vs. employee status under the FLSA include the amount of skill required for the work, the permanence of the working relationship between the parties, and whether the work performed by the individual is a component of the employer’s integrated production process for a good or service.

The DOL’s proposed rule emphasizes that the parties’ actual practice is key to the assessment of independent contractor status. What the parties state in a contract or what may be theoretically possible under a work arrangement is of little relevance if it differs from the reality of their working relationship.

Employers should keep in mind that many states have adopted their own tests for independent contractor status under their respective state wage and hour laws; these tests can differ from state-to-state. The tests may also vary based upon the state law issue being addressed, i.e. unemployment compensation eligibility, workers’ compensation coverage, employment tax liability, etc.

The issue of independent contractor versus employee status continues to challenge employers across all sectors throughout the U.S. We will continue to closely monitor the DOL’s proposed rule and other state-based developments in this area. In the meantime, it might be a good time to review your independent contractor agreements and work relationships within your organization. Your partners at Lake Effect HR & Law can help you ensure compliance while retaining the flexible and dynamic workforce that your organization needs. Contact us at info@le-hrlaw.com or 1-844-333-5253.

EEOC Updates Guidance on COVID-19 and the Workplace

On September 8, 2020, the EEOC updated its technical assistance document, What You Should Know about COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws (“WYSK”). The updated document revises two pre-existing Q&As that address employer testing and employee requests for accommodation in advance of a return to work. It also incorporates information that previously appeared in other EEOC technical assistance documents, thus creating a single, more comprehensive, resource for COVID-19 related information.

With respect to employer-administered testing, the WYSK confirms that employers may take screening steps, including administering COVID-19 testing, to determine if employees entering the workplace have COVID-19 because they could pose a direct threat to the health of others. Employer-administered testing consistent with current CDC or other public health authority guidelines will meet the ADA’s “business necessity” standard. However, employers should ensure that tests are considered accurate and reliable, based on evolving guidance from the FDA, CDC and other public health authorities. Requiring an antibody test before allowing an employee to re-enter the workplace is not allowed under the ADA. (WYSK A.6-A.7)

As to potential requests for accommodation, the WYSK specifies that employers can inform the workforce that employees with disabilities may request accommodations in advance of their return to work. If advance requests are received, employers may begin the interactive process. If an employee chooses not to request an accommodation in advance, the employer must still consider a later request and engage in the same interactive process. (WYSK D.8) Keep in mind that accommodations based on a disability pertain only to the employee, not to their family members.

The revised WYSK includes additional information that has been incorporated from other EEOC resources. Key provisions include:

  • Employers may ask all employees entering the physical workplace if they have been diagnosed with, have symptoms of, or have been tested for COVID-19. An employer may limit this questioning to certain employee(s) only if it has a reasonable belief based upon objective evidence that the employee(s) may have the disease. An employer is not generally permitted to ask these questions of employees who are teleworking. (WYSK A.8- A.9)
  • Employers may not ask employees coming into the physical workplace whether family members have COVID-19 or symptoms of COVID-19; this is prohibited under the Genetic Information Nondiscrimination Act (“GINA”). However, employers may ask employees whether they have had contact with anyone who has been diagnosed with or had symptoms of COVID-19. An employee who refuses to answer such questions or submit to other health screenings prior to entering the physical workplace (without a rationale or request for an accommodation) may be denied entrance. (WYSK A.10-A.11)
  • If an employee works on-site and reports feeling ill or calls in sick, an employer may ask questions about their symptoms as part of workplace screening. An employer may also question employees about why they have been absent from work and/or where they have traveled recently, even if that travel was personal. (WYSK A.12-A.14)
  • The ADA’s confidentiality provisions do not prohibit a manager or co-worker who learns that an employee has COVID-19 or associated symptoms from reporting it to the relevant employer officials so that they can take steps consistent with guidance from CDC or other public health authorities. Employers should make every effort to limit the number of people who learn the identity of the employee and reinforce the confidential nature of that information. (WYSK B.5-B.6)
  • When an employee with a disability is teleworking, an employer is not necessarily required to provide them with the same reasonable accommodation as it would provide in the physical workplace. The employer and employee should discuss specific needs and explore whether a different accommodation might suffice in the home setting. An employer’s undue hardship considerations and/or access to accommodation equipment may change during prolonged teleworking periods. The EEOC encourages all parties to be creative and flexible in these situations. (WYSK D.14)
  • An employer that allows its workforce to telework to slow the spread of COVID-19 does not automatically have to grant requests for telework as a reasonable accommodation to every employee with a disability when employees are recalled to the physical workplace. If there is no disability-related limitation that requires teleworking, the employer does not need to provide continued telework as an accommodation. In addition, the fact that an employer may temporarily excuse performance of one or more essential functions during periods of telework does not mean that the employer has permanently changed the essential function of any job. The ADA never requires an employer to eliminate an essential function of a job as an accommodation for an individual with a disability. However, evidence that an employee with a disability is able to perform the essential functions of the job during periods of telework may be relevant to future requests for telework as a reasonable accommodation. (WYSK D.15-16)

All EEOC materials related to Covid-19 are available at www.eeoc.gov/coronavirus.

Your partners at Lake Effect HR & Law are closely monitoring the impact of COVID-19 on the workplace. Keep watching for blogs and emails for important legal updates and HR best practices. The attorneys and HR professionals at Lake Effect HR & Law are ready and willing to help. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Employers Must Submit Form for Unemployment Benefits Relief by August 15, 2020

As a reminder, Wisconsin Act 185 mandated that unemployment benefits that are the result of COVID-19 may be charged against the state’s UI fund balance and not to the employer’s UI account.

Wisconsin employers must submit Form UCB-18823-E by August 15 to ensure that COVID-19 related unemployment benefits for employees’ initial claims filed between May 17 – June 30, 2020 are not charged to employers’ UI accounts. For initial claims filed after June 30th, this same form must be submitted within 30 days after the employee’s initial claim is filed.

The Wisconsin Department of Workforce Development is not requiring employers to submit the UCB-18823-E form to receive relief for employees filing initial unemployment benefits claims during the weeks of March 15 – May 16, 2020.

We are closely monitoring the impact of COVID-19 on the workplace. Keep watching for blogs and emails from your Lake Effect team for important legal updates and HR best practices. The attorneys and HR professionals at Lake Effect HR & Law are ready and willing to help. Contact us at info@le-hrlaw.com or 1-844-333-5253.

President Trump Signs Executive Actions After Covid-19 Stimulus Talks Stall in Legislature

After COVID-19 stimulus talks broke down in the Legislature last week, President Trump signed four Executive Actions on Saturday, August 8, 2020. Those actions cover the following:

  • Unemployment: Congress previously authorized an additional $600 per week in federal unemployment compensation benefits for eligible workers, but that funding expired on July 31. This Executive Memorandum creates a new lost wages assistance program to continue until December 6, 2020, or until the federal Disaster Relief Program (DRF) is depleted to $25 billion, whichever occurs first. Under the new program, states may provide up to $400 per week in additional unemployment compensation benefits to workers who otherwise qualify for state benefits. In order to participate in the program, a state must agree to pay 25% ($100 per week for each eligible worker) of the additional benefits, and the federal government will pay the remaining 75% ($300). The federal government will fund the program, up to a maximum of $44 billion, out of its DRF. States may use remaining dollars previously allocated to them under the CARES Act or any other available state funding.

While aimed at providing relief to unemployed workers, the new program will likely create challenges. States already face budget shortfalls in the wake of the pandemic and will be hard-pressed to afford the new wage assistance costs. In addition, the program creates a new, separate program and will not be administered through the existing state unemployment program. Thus, it will require states to create a new administrative system, placing further demands on limited state resources. The details on administration and state funding have not yet been finalized.

  • Payroll Tax Deferral: Congress previously deferred most employer payroll taxes for the remainder of 2020. This Executive Memorandum directs the Secretary of the Treasury to defer the payment of payroll taxes from September 1 until December 31, 2020 for employees earning less than $4,000 per pay period (or $104,000 per year). Notably, this is only a payroll tax deferral for employees, and those payments will have to made at a later date unless Congress directs otherwise. Payroll taxes partially fund Social Security and Medicare, and a permanent reduction in payroll taxes would lower funds available for those programs.
  • Student Loans: As part of an earlier stimulus effort, Congress suspended student loan payments until September 30, 2020. This Executive Memorandum directs the Secretary of Education to waive interest and defer payments on student loans held by the federal government until December 31, 2020. Notably, principal payments are not cancelled, only deferred until the end of the year. Presumably, those cumulative payments will be due on December 31, and then full interest and principal payments will restart in January 2021.
  • Evictions: The federal government previously ordered a moratorium on foreclosures and evictions during the COVID-19 crisis, but that order expired on July 24, 2020. This Executive Order directs the Secretary of Health and Human Services and the Director of the CDC to consider whether any measures temporarily halting residential evictions for failure to pay rent are reasonably necessary to prevent further spread of COVID-19. It further directs the Secretary of the Treasury and the Secretary of Housing and Urban Development to identify available Federal funds to provide temporary financial assistance to renters and homeowners facing financial hardships caused by COVID-19. Notably, this Order does not by its own terms extend the prior moratorium or ban evictions.

President Trump’s unilateral Executive Actions will likely face legal challenges, as the U.S. Constitution delegates taxing and spending powers exclusively to Congress, not the Executive Branch. Lake Effect HR & Law will continue to monitor developments related to COVID-19 relief. 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.

Phase 1 Reopening Requirements for 5/26/20

UPDATE, May 27, 2020

Public Health Madison and Dane County announced at a meeting today with the Madison Chamber of Commerce that employers are required to document receipt, acknowledgment, or training on the policies required in Emergency Order #3. The order’s original language requiring receipt, acknowledgment, and training was a mistake. We have updated the summary below.


At 8:00 a.m. on May 26, Dane County will start Phase One of reopening under Forward Dane, (note 5/22/20 version updating 5/18/20 version). Public Health Madison and Dane County (PHMDC) have released Emergency Order #3 to coincide with Phase One. The order provides requirements for organizations as they gradually start to reopen. Emergency Order #3 is effective May 26 and will remain in effect until PHMDC determines that we can move into Phase Two.

As with Emergency Order #2, violations of Emergency Order #3 can be enforced by any law enforcement official and will be considered ordinance violations. Please see Forward Dane and the accompanying legal requirements set forth in Emergency Order #3 for new details for your industry.

Below is an outlined summary of Emergency Order #3:

Capacity and Training

  • Under Emergency Order #3, Phase One capacity for office, restaurant, bar, salon, store, gym, and other workspaces is now set at “25% of approved capacity” (this reflects a change from “25% capacity” in the original Forward Dane). Until we receive additional guidance from PHMDC, employers should check with their landlord or posted capacity for guidance on their “approved capacity” limits.
  • Under Emergency Order #3, employers must develop the required policies, and document receipt, acknowledgment, or training on the policies (this reflects the correction by PHMDC issued 5/27/20). The attorneys and HR professionals at Lake Effect HR and Law can prepare a compliant workplace hygiene, cleaning, and protective measure policy. If you would like to schedule a meeting with us to prepare a customized policy for your organization, please contact us.

Mass Gatherings

  • The following limited mass gathering are permitted so long as people maintain physical distancing of at least six feet
    • Inside a commercial facility with up to 50 people
    • Inside private property or a private home with up to 10 people
    • Outside with up to 50 people
  • Mass gatherings include concerts, festivals, sporting events, meetings, trainings, conferences, and religious services
  • These restrictions do not apply to drive-in movie theaters or other drive-in activities

Child Care, Education, Libraries, and Public Spaces

  • Childcare facilities must restrict groups and classrooms to no more than 15 children, and there can be no interaction between the groups or classrooms
  • K-12 schools remain closed for in-person instruction
  • Continuing education and higher education institutions may determine policies for safe operation, including how to safely open dorms and maintain physical distancing to the greatest extent possible
  • Public playgrounds and splash pads remain closed
  • Public courts and fields are open but people must maintain physical distancing

All Businesses, Libraries, Community Centers, and Religious Entities

  • Capacity must be limited to 25%
    • PHMDC previously indicated that each organization will use its best judgment to determine the appropriate metric for capacity. However, Emergency Order #3 limits capacity to “25% of approved capacity levels.” No guidance has been provided on this change. We will follow up with any guidance we receive.
  • Organizations must implement required policies, and document that your employees receive, acknowledge and are trained on these policies
    • The hygiene policy must
      • Ensure employees who have a fever or other symptoms of COVID-19 will not be allowed to work
      • Establish hand-washing expectations and ensure supplies are available to employees
      • Describe proper cough and sneeze etiquette
    • The cleaning policy must include guidelines for
      • Cleaning and disinfecting frequently touched surfaces multiple times a day
      • Frequently wiping down any shared equipment, such as work spaces, credit card machines, lunchroom items, carts, baskets, etc.
      • Cleaning common areas and equipment between use or shift changes
      • Cleaning and disinfecting in the event of a positive COVID-19 case on site
    • The protective measure policy must ensure
      • Individuals are at least six feet from others whenever possible
      • Employees are provided with and wear face coverings when unable to maintain at least 6 feet of distance from customers; however, if a transparent partition is in place, a face covering is recommended, but not required
  • Organizations must limit staff and customers on site, and continue to facilitate remote work to the greatest extent possible
    • To the greatest extent feasible, organizations should offer virtual services, hold virtual meetings, and/or alternate work teams or stagger shifts
  • When remote work is not possible, all organizations must:
    • Where possible, offer curbside pick-up and drop-off, and delivery
    • Where possible, provide a way for customers to pay, and make appointments and reservations online or over the phone
    • Cease door-to-door solicitation
    • Ensure physical distancing in waiting areas with appropriate spacing of chairs

Additional Industry Specific Requirements

  • Stores that sell food, groceries, and alcohol and non-alcoholic beverages must
    • Encourage pick-up and delivery options
    • Prohibit self-dispensing of bulk items and condiments, and sampling of food
    • Except for produce, prohibit any customer self-service of unpackaged food (e.g. salad bar, beverage station)
    • Limit dine-in capacity to 25% of approved seating levels; space tables at least six feet apart; and limit each table to no more than 6 guests, all of whom must live together
  • Restaurants and bars must
    • Encourage pick-up and delivery options
    • Prohibit any customer self-service of unpackaged food (e.g. salad bar, beverage station)
    • Prohibit self-dispensing of condiments, and sampling of food
    • Limit indoor dine-in capacity to 25% of approved seating limits; space tables at least six feet apart; and limit each table to no more than six guests, all of whom must live together
    • Space outdoor tables at least six feet apart; and limit each table to no more than 6 guests, all of whom must live together
    • Space bar stools at least six feet part
    • Close all play areas and lounge areas
  • Retail stores must
    • Limit the number of customers inside the business to no more than 25% of approved capacity levels
    • Offer at least two hours per week of dedicated shopping time for vulnerable individuals if your store is larger than 50,000 square feet
    • Establish lines outside to regulate entry, with markings so that customers can stand at least 6 feet apart; businesses should also consider alternatives such as allowing customers to wait in their cars for a text message or schedule specific times for entry
    • Prohibit sampling, including of food and any goods (e.g. make-up)
  • Malls may open but play areas and areas of congregation outside stores must be clearly marked as closed
  • Salons and spas (e.g. hair salons, day spas, barber shops, nail salons, waxing salons, tattoo parlors) must
    • Limit the number of customers to 25% of approved capacity (if capacity of four or less, 1 customer is permitted)
    • Space customer chairs, tables, and stations at least six feet apart
    • Provide services by appointment only
    • Require employees to wear face coverings at all times when customers are present
    • Require customers to wear face coverings to the greatest extent possible
  • Gyms and fitness centers must
    • Provide disinfecting materials for members to use on equipment
    • Limit the number of individuals on site (excluding employees) to 25% of approved capacity
    • Increase frequency of cleaning of equipment, common areas, locker rooms, and restrooms
    • Space equipment at least six feet apart to the extent possible
    • Use floor markings to indicate appropriate physical spacing, particularly in areas where people congregate or cluster
    • Offer group exercise classes only if physical distancing is maintained and there is no person-to-person contact
    • Prohibit all activities where physical distancing cannot be maintained
  • Places of amusement and activity must
    • Require payments and reservations only online or over the phone to the extent possible
    • Schedule events or the start of an activity (e.g. a tee time) to ensure physical distancing between all individuals who are not living together
    • Space seating, stations, or other areas to ensure at least at least at least six feet of physical distancing between individuals (individuals who live together are not required to be six feet apart)
    • Limit the number of individuals on site (excluding employees) to 25% of approved capacity
      • Outdoor venues (e.g. concerts) are limited to a maximum of 50 people (excluding employees)
    • Disinfect high touch areas (e.g. door handles, buttons) between each use (if this is not possible, the business may not open)
    • Disinfect all equipment between each use
  • Lodging facilities (e.g., hotels, campgrounds, AirBNB and VRBO rentals) must
    • Prohibit guests from congregating in lobbies or common areas
    • Implement cleaning protocols for guest rooms and common areas based on PHMDC guidelines
    • Provide personal protective equipment and training to housekeeping staff for proper handling of linens and cleaning/disinfecting supplies
    • Comply with all other guidelines, such as those that apply to restaurants bars, if applicable
  • Drive-In movie theaters and other drive-in activities must
    • Prohibit outdoor seating
    • Prohibit customers from leaving their car except to purchase or pick up food or drinks, or to use the restroom
    • Encourage pick-up and delivery of food and drinks, and prohibit any self-service of unpackaged food and self-dispensing of condiments

Other industries

  • Health care, public health, human services, infrastructure, manufacturing, and government operations are subject to limited restrictions under Emergency Order #3, namely these organizations must implement the required cleaning and hygiene policies, and comply with other applicable PHMDC requirements.

Leased Property

  • Landlords and rental property managers may enter leased residential properties if they are wearing face coverings and maintaining physical distancing

The Lake Effect team will continue to monitor important updates such as these from Dane County and other counties across the state. 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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