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As we have previously covered, in our earlier article, Wisconsin businesses may be subject to the requirements of the European Union General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA). Additionally, many states, including Wisconsin, and the federal government are considering similar data protection bills that may impact Wisconsin businesses. With overlapping obligations, compliance with data protection laws is an increasingly tricky business for most companies. To ensure that your company doesn’t inadvertently violate any current or future laws, consider the following six steps: Step 1: Consider the Applicability of Data Privacy Laws Companies should determine…
The Sawyer County Circuit Court has reinstated Emergency Order #3, after briefly blocking it last week. This means that Emergency Order #3 is back in effect, and all public gatherings must comply with its limits. Emergency Order #3 limits the size of crowds at indoor locations such as restaurants and bars. Emergency Order #3 limits such public gatherings to no more than 25% of the total occupancy limits for the room or building, as established by the local municipality. If the indoor space does not have an occupancy limit, then the limit is no more than 10 people. Emergency Order #3…
The Social Security Administration (“SSA”) recently released key figures for 2021 that will affect all elderly and disabled individuals who receive program benefits, including social security retirement benefits, social security disability insurance (“SSDI”) income, and supplemental security income (“SSI”). This notice summarizes the changes and their impact on various benefits. Source…
“Behold the beautiful city of Madison, welcoming a body of women who come to deliberate on great questions.” Lucy Stone, Woman’;s Journal, October 25, 1879 The Woman’s Journal, the women’s rights weekly paper founded by prominent suffragist Lucy Stone and her husband, Henry Blackwell, devoted significant space in three consecutive issues to cover the OctoberContinue reading → The post “Behold the beautiful city of Madison, welcoming a body of women who come to deliberate on great questions.” appeared first on Lavinia Goodell.…
Happy business owner opening the door at a cafe wearing a facemask
On October 6, 2020, the State of Wisconsin issued Emergency Order #3 limiting public gatherings. Emergency Order #3 was designed to limit the size of crowds at indoor locations such as restaurants and bars. Emergency Order #3 limited such public gatherings to no more than 25% of the total occupancy limits for the room or building, as established by the local municipality. If the indoor space does not have an occupancy limit, then the limit was no more than 10 people. The Tavern League of Wisconsin challenged the State of Wisconsin’s order on the grounds that it failed to go…
Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. On the Search for Extraterrestrial Intelligence (SETI) by Richard Bilder, University of Wisconsin Law School A New Federalism for Indian Tribes: The Relationship Between the United States and Tribes in Light of our Federalism and Republican Democracy by Richard Monette, University of Wisconsin Law School Between the Facts and Norms of Police Violence: Using Discourse Models to Improve Deliberations Around Law Enforcement by Franciska Coleman, University of Wisconsin Law School Separate is Inherently Unequal, Unless …
No age discrimination occurred when an employer didn’t promote a 74-year-old employee who had failed a mandatory subjective test, the 7th Circuit recently ruled. The court said the employee failed to show objective evidence of discrimination other than that the test scorers knew his age. Therefore, it ruled in the employer’s favor. Facts Romuald Tyburski, then 74 years old, applied for a promotion with the Chicago Department of Water Manage-ment. As part of the application process, he was required to pass a three-part examination (two parts written and one oral). He passed the written parts but failed the oral exam…
We are an employer with approximately 400 employees, and we are aware a couple of our workers have tested positive for COVID-19. Are we required to notify all employees about the coworkers who have tested positive for the virus? The short answer is a qualified yes. You should notify your employees another worker has tested positive for COVID-19 if they have had contact with the infected worker. For the last several months, all facets of society have tried to navigate the COVID-19 pandemic and all it entails. From locking down, sheltering in place, social distancing, virtual learning, and sharing bandwidth,…
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After several months of uncertainty, businesses are carefully resuming merger and acquisition transactions. Many (if not most) small businesses took advantage of the Paycheck Protection Program, but, as forgiveness is still pending, they are forced to navigate the treatment of these loans in the sale or acquisition process. The SBA issued a procedural notice regarding its requirements effective October 2nd. The Notice provides the requirements a PPP borrower must meet in order to avoid losing its chance at loan forgiveness as a result of a “change of ownership.” A “change of ownership” includes: (1) a transfer of at least 20%…
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Oct. 13, 2020 – When homeowners constructed a 36x80x16-foot building on their Fond du Lac property, the neighbors complained that it violated the subdivision’s restrictions on structures other than “garages.” Recently, a state appeals court ruled for the homeowners. In Buehrens v. Schave, 2019AP1649 (Oct. 7, 2020), a three-judge panel for the District II Court of Appeals ruled that the structure must stand because the subdivision’s restrictive covenant on “garages” was not clear enough to require a different result. “Following well-established Wisconsin law, we must favor the free and unencumbered use of property when purported restrictions in covenants are not…
“The well known Janesville lady lawyer read an interesting paper.” Wisconsin State Journal, October 9, 1879 The American Women’s Association Congress was held in the state capitol building in Madison in October 1879. Seventy-five women from around the country attended. The 1880 Annual Report of the Association for the Advancement of Women said: Through theContinue reading → The post “The well known Janesville lady lawyer read an interesting paper.” appeared first on Lavinia Goodell.…
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The Wisconsin Department of Workforce Development adopted an emergency rule to create DWD 120.02 which was approved by Governor Evers on September 23, 2020. As of November 2, 2020, Wisconsin employers will be required to notify workers of the availability of unemployment insurance upon separation of employment. The notification can be accomplished through one of the listed methods: letter, e-mail, text message, flyer and any other department-approved method designed to give immediate notice to employees. The Department’s website states that providing the printed poster in person or by mail would also be a sufficient method. Employers are required to display…
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With ever-increasing cases of COVID-19 affecting Wisconsin and U.S. workplaces, many employers have been left confused as to whether, when, and how they are supposed to report those cases to OSHA.  OSHA itself has issued differing guidance since the pandemic began.  It has now, however, come out with some new clarification on those questions. As background, an employer must report the death of any worker from a “work-related incident” to OSHA if it occurs within 30 days of the incident, and the employer must do so within eight hours of determining that the death was work-related.  Employers must also report…
Wisconsin is making news! But not good news. Wisconsin has joined the elite group of states with the worst numbers in Coronavirus cases, hospitalizations and deaths. What’s the problem, and what’s being done about it? The problem is that there is no plan. The politicians are more concerned about winning or making the other side lose than they are in protecting the lives of their constituents. It’s time for the bickering to end. Our Governor Evers is weak. He has come up with some mandates, and they may be good ideas, but they are all too little and too late.…
On October 6, 2020 the state of Wisconsin issued Emergency Order #3 Limiting Public Gatherings. Emergency Order #3 goes into effect Thursday, October 8th at 8:00 A.M. and is designed to limit the size of crowds at indoor locations such as restaurants and bars. The order will expire on November 6, 2020. Emergency Order #3 only applies to public gatherings, which it defines as “an indoor event, convening, or collection of individuals, whether planned or spontaneous, that is open to the public and brings together people who are not part of the same household in a single room.” Places that…
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Today Wisconsin’s Department of Health Services issued Emergency Order No. 3 limiting public gatherings.  As written, the Order is effective until November 6.  The order limits “public gatherings” to no more than 25% of the total occupancy limits for a room or building established by the local municipality. “Public gathering” means an “indoor event, convening or collection of individuals that is open to the public.”  The phrase “open to the public” is further defined as to include, but not be limited to,  “rooms within a business location, store, or facility that allows members of the public to enter” and “ticketed…