Dane County Public Health Emergency Order #14

Lake Effect Blog

Public Health Madison & Dane County (PHMDC) has issued a new public health order, Emergency Order #14, effective March 10, 2021. The new order includes significant changes to the indoor and outdoor capacity limits for gatherings, restaurants, taverns, and sporting events. The order also modifies the protective measure policy required for schools. The primary changes […]

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 […]

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 […]

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 […]

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 […]

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 […]

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

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) […]

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. […]