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By: Kramer, Elkins & Watt LLC

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Leslie Elkins
Dain Richard

Latest from KEW Tips

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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 the 7-day hospitalization average is up from 23 to 32 on those same dates. PHMDC further notes that the hospitalization level…
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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 least one does of the vaccine as of April 1. Noting that case rates and hospitalization rates have remained consistent while…
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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 emergency for a period of 60 days in the event of a public health emergency. Governor Evers first declared a state…
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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 a signed CDC Declaration. Landlords should keep in mind, however, that the CDC has said that nothing in the moratorium order…
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 summary of a portion of the subject matters of ARPA. Also, various aspects of the subject matters that are included have…
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On March 2, 2021, Public Health Madison & Dane County (“PHMDC”) issued Emergency Order #14, to go into effect on March 10 and last until April 7. The new order is in response to a drastic decline in COVID-19 cases in the county. For comparison’s sake, Dane County had a 7 day averages of 111 cases of COVID and 68 hospitalizations on February 8, when Emergency Order #13 came out (See our analysis of Order #13 here). As of February 28, 7-day averages were 60 cases with 34 hospitalizations, and 67% of Dane County residents aged 65 and…
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On January 29, 2021 OSHA released guidance to help employers and employees identify risks related to exposure to and contracting of COVID-19 at work. This guidance is intended to apply to most workplace settings, but specifically does not apply to healthcare or emergency response settings/workplaces. The guidance contains recommendations that are advisory in nature and informational in content, as well as reiterating mandatory safety and health standards. It does not create new obligations or new standards to help employers comply with their obligations to provide a workplace free from recognized hazards. Information for Workers OSHA reminds workers and employees of…
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Public Health Madison & Dane County (“PHMDC”) recently issued Emergency Order #13, to go into effect at 12:01am on February 10, 2021, replacing Emergency Order #12, which expires at the same time. Citing a reduction in the 7-day case average and the number of people hospitalized with COVID-19 countywide, PHMDC is, generally, loosening restrictions. In its introductory remarks in Order #13, PHMDC notes that their “conscious, stepwise reopening” has likely contributed to Dane County “having one of the lowest case rates in the state despite it being a population center.” PHMDC notes that as of February 7, a…
Some interesting developments in Wisconsin’s response to the COVID-19 Pandemic occurred on February 4, 2021. Specifically, the existence of an official state of emergency changed multiple times. What was the situation as of the morning of February 4? As of Thursday morning, a state of emergency existed in Wisconsin, which had been issued by Governor Evers under Section 323.10 of the Wisconsin Statutes. This allows the Governor to declare a state of emergency lasting up to 60 days. While under a state of emergency, the Governor has certain powers, such as the ability to “issue such orders as he or…
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February 6, 2020:Yay! Gift card to my favorite store, “Rad Stuff, Ltd.” OMG, thank you for the best birthday present ever! I can’t wait to go there! February 7, 2021: Oh, yeah I got a gift card to Rad for my birthday last year, I’m going to finally use it! Expires February 6, 2020? Ugh, that sucks. Oh well, guess I’ll toss it. BUT WAIT!!!! The federal government is looking out for consumers! Credit Card Accountability Responsibility and Disclosure Act In 2009, Obama signed the Credit Card Accountability Responsibility and Disclosure Act or (“CARD Act”) into action. CARD prohibits expiration…
On Sunday, December 27, President Trump signed into law a general government funding and appropriations bill that included several Coronavirus Response and Relief provisions. The COVID-19 provisions address continued unemployment benefits, provide funding for schools and day cares to operate safely, extend the CDC eviction moratorium, fund another round of the Paycheck Protection Program (“PPP), and modify some of the rules regarding PPP forgiveness. Stimulus Payments Individuals making less than $75,000 per year, based on their 2019 tax return, will receive $600. Just as with the previous stimulus payment, the benefit decreases $5 for every $100 earned over the $75,000.…
Effective this morning, Dane County Public Health has issued Emergency Order #11, in response to an improvement in COVID numbers in Dane County. As the order omits mandatory school closure, the Public Health Department also released guidance for schools considering reopening in person instruction. What has changed under Emergency Order #11? Mass Gatherings Citing a decline in the 7-day average in the amount of positive cases in Dane County, as well as a  decline in the odds that any one person in a group of 10, 15 or 25 people would test positive for COVID-19, the Public Health Department…
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On April 18, 2018, Governor Walker signed 2017 WI Act 317 which contains several provisions pertaining to the rights of landlords and tenants. In general, the changes are landlord-friendly. The breadth of the act is too large in scope for this blog article. But, check back with KEW Tips for more laws affecting landlords. This article will focus on one aspect of the law: Emotional Support Animals, because who doesn’t love our furry (and not so furry) friends? Emotional Support Animals Emotional Support Animals (“ESAs”) are defined as follows: an animal that provides emotional support, well-being, comfort, or companionship to…
In response to a continued increase in the number of COVID cases, Dane County, through Public Health Madison & Dane County, has issued Emergency Order #10, which took effect at 12:01 a.m. on November 18, 2020 and will remain in effect until December 16, 2020.  The order keeps all restrictions and other primary aspects of the previous order in place, including keeping the county in Phase 2 of Forward Dane, with most businesses allowed to operate at 50% capacity, and restaurants at 25% capacity. The biggest changes in this order are the following: (1) Indoor Mass Gatherings are prohibited. (2)…
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Effective November 2, 2020 Wisconsin employers will be required to provide all departing employees, regardless of the reason for the separation with the company, written notice regarding Unemployment Insurance Benefits. What Should the Notice Say? The DWD has suggested language to be included in the notice to be given to employees, including the following: That the employee may file an unemployment claim in the first week that employment stops or work hours are reduced. That the employer direct the employee to the already required Unemployment Insurance poster for information on how and when to apply for benefits. DWD has additional…
In a sequel to our most recent KEW Tip (Evers’ 25% Public Gatherings Limitations Stands; Appeals Expected), a Wisconsin Court of Appeals granted interlocutory review, as well as a temporary injunction, to plaintiffs seeking to overturn the 25% capacity limit issued by the Wisconsin Department of Health Services in Emergency Order #3. As we discussed previously, a judge in Wisconsin in Barron County denied a request for an injunction filed by the Tavern League of Wisconsin and two pro-life groups. The plaintiffs argued that Emergency Order #3 exceeded the powers of the Secretary of the Department of…