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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

OSHA reinstates normal reporting and investigation standards for COVID

On May 19, 2020, the Occupational Safety & Health Administration (OSHA) reversed an earlier enforcement policy for recording cases of COVID. As Lake Effect reported in April, OSHA had announced that it would not enforce its record-keeping requirements on employers to make COVID “work-relatedness” determinations, except when (1) there was objective evidence that an employee’s […]

DWD’s Work-Share Program: Another Option to Avoid Layoffs

As employers evaluate options to address the impact of COVID-19 on their organizations, Wisconsin’s Department of Workforce Development (DWD) is encouraging participation in its Work-Share Program. The Work-Share Program is designed to help employers avoid layoffs of at least two employees by reducing employees’ hours during slow business periods of up to six months. The […]