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On September 9, 2021, Dane County issued Face Covering Emergency Order #2 (“Order #2”) which is scheduled to go into effect on September 10, 2021 at 12:01am, directly following Face Covering Emergency Order (“Order #1”) scheduled to expire on September 16, 2021 at 12:01am.
 
What’s with the time overlap?
 
The overlap in time isn’t directly addressed. A general principle of law requires that where two bodies of law are in conflict, the more restrictive would govern, which
Continue Reading Mask Mandate Extended – Dane County

The Supreme Court issued a new opinion on August 26, 2021 which will perhaps be an end to the ongoing dispute over the legality of the Center for Disease Control and Prevention’s (the “CDC”) eviction moratorium (the “moratorium”). A deeper dive into the terms of the moratorium and an analysis of the procedural posture as of the most recent renewal of the moratorium can be found in a prior KEW Tip, but a bit of context is provided
Continue Reading CDC’s Eviction Moratorium Upended by the Supreme Court

Public Health of Madison and Dane County (PHMDC) announced a new, county-wide mask mandate on August 17, 2021 to go into effect on August 19, 2021. Citing evidence that fully vaccinated people can still transmit the Delta variant of COVID-19 to others, PHMDC noted that countywide 7-day case average has risen from 19 on July 19, 2021 to 91.6 on August 12, 2021, an increase of 382%. The text of the order can be found here.

 
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Continue Reading Dane County to Re-Issue Mask Mandate, Effective August 19

On August 3, 2021, the Centers for Disease Control and Prevention (“CDC”) announced another extension of its eviction Moratorium (“the Moratorium”). This article compares and contrasts the new Moratorium with previous iterations.

What has Changed?

The new Moratorium applies on a somewhat more restricted basis, at least in theory. Instead of applying in any state or territory in which there are documented cases of COVID-19, as in the previous versions of the Moratorium, the new order only applies in
Continue Reading Eviction Moratorium Extended Yet Again

This KEW Tip was originally published in the Spring of 2017, and has been updated as of August 2021 due to changes in the law.

 
Mixing Bowl Drama 
On April 25, 2017, the Mixing Bowl Bakery, in Sauk City, Wisconsin was under fire for accusations of violations of child labor laws. The bakery was owned by Curtis and Vickie Eberle, a couple with nine children, many of whom worked with them at the Mixing Bowl. At the time
Continue Reading Can my Minor Child Work at my Business?

The law in Wisconsin (including Madison) currently does not prevent using criminal background to screen potential clients. However, federal law does prohibit using arrest records (open criminal cases are considered arrest records) as a basis for a denial. Even if you are a small local landlord, you are subject to the federal law as an applicant that you deny could sue you under the federal law.  The United States Department of Housing and Urban Development has said that arrests
Continue Reading Can I Reject a Tenant Based on Criminal History?

The U.S. Department of Labor recently proposed further rulemaking for tip regulations, which delayed some regulations until December 2021, while others took effect on April 30, 2021.  The FLSA allows an employer to count a limited amount of tips received by its tipped employees as a credit toward the employer’s Federal minimum wage obligations. This is called a tip credit, and employers may only claim it if their tipped employees retain all the tips they receive. Employers may however
Continue Reading U.S. Department of Labor Proposes Further Rulemaking for Tip Regulations

The Centers for Disease Control and Prevention announced on June 24 that it is extending its order, Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19, set to expire on June 30, until July 31. In issuing this extension, the CDC indicated that this is intended to be the final extension.

The content of the moratorium remains the same as the that of the previous extension, in March of 2021. As a reminder, you can
Continue Reading CDC Eviction Moratorium Extended Until July 31

Let’s start with some background on unemployment insurance in Wisconsin. This article focuses on unemployment insurance from an employer’s perspective and specifically under Wisconsin state law. As such, we are not discussing the expanded unemployment provisions in the CARES Act, which primarily impact separated employees applying for unemployment benefits under more broad eligibility criteria. As the CARES Act provisions are federally funded, they have minimal impact on employers. In our experience, employers are not even notified as a party
Continue Reading Do Business Owners Need to Pay Unemployment Insurance?

On May 18, Public Health of Madison and Dane County (“PHMDC”) announced the next steps in response to COVID, largely in light of the CDC’s recent update on May 13 that fully vaccinated do not need to wear masks or physical distance in any setting (see here for more information from the CDC). As we discussed in a recent KEW Tip, Dane County is currently subject to Emergency Order #16, which will be effective until June 2.
 
Continue Reading Public Health of Madison and Dane County to Lift Emergency Orders on June 12

Whether an individual worker can or should be classified as an employee or independent contractor is a crucial question that every employer needs to answer before bringing on a worker. This article is focused on issues facing Wisconsin employers.
This article is broken down into two sections:

  • FAQs
  • Tests which include both Wisconsin and Federal

As an initial matter, note that this article uses the word “worker” when referring to an individual who could be either an employee or
Continue Reading Employee or Independent Contractor?

Public Health Madison & Dane County (“PHMDC”) has issued Emergency Order #16 to replace Order #15 (our analysis of Order #15 can be found here), which expires at midnight on May 5. The new order goes into effect at 12:01 a.m. on May 5 and will be effective until June 2. PHMDC notes that, as it gradually reopens Dane County, that the 7-day case average is down from 78 on April 7 to 64 on April 26, but
Continue Reading Dane County Issues New Public Order #16, Effective May 5

On April 2, 2021, Public Health Madison & Dane County (“PHMDC”) issued a new emergency order, to go into effect on April 7. Order #15 notes that on March 10, when Emergency Order #14 came out, the 7-day case average was 55 and 7-day hospitalization average was 23. As of April 1, the case average was 51 and the hospitalization average was 23. Further, more than 89% of adults aged 65 or older in Dane County had received at
Continue Reading Dane County Emergency Order #15 Goes Into Effect April 7

On March 31, 2021, the Supreme Court of Wisconsin issued its ruling in Fabick v. Evers, finding that Governor Evers exceeding his authority in issuing multiple Executive Orders declaring states of emergency due to the COVID-19 Pandemic under Wis. Stat. § 323.10. In ruling that Governor Evers surpassed his statutory authority, the court terminated the existing state of emergency and, with it, the statewide mask mandate.
Background
Wis. Stat. § 323.10 allows a Governor to declare a state of
Continue Reading Wisconsin Supreme Court Overturns Governor Evers’ Mask Mandate

The CDC’s eviction moratorium, first put in place by the Trump Administration in September of 2020, has been extended until June 30, 2021. The new Director of the CDC signed the extension order on March 28.
 
What do residential landlords absolutely need to know?
The existing moratorium has been extended until June 30, 2021. That means that, generally speaking, a landlord may not evict a tenant for failure to pay rent if the tenant provides the landlord with
Continue Reading Nationwide Eviction Moratorium Extended

President Biden signed a massive piece of COVID-19 relief legislation on Thursday, March 11, with benefits totaling approximately $1.9 trillion dollars. The bill, named the American Rescue Plan Act (ARPA), provides the well-publicized $1,400 for many Americans. The bill also continues expanded unemployment benefits and an expansion of the Paycheck Protection Program (“PPP”), while providing significant funding for eviction and foreclosure protection, childcare, and restaurants that have been hard hit by the COVID-19 pandemic.

This article is just a
Continue Reading American Rescue Plan Act – Biden’s $1.9 Trillion Stimulus