Latest from KEW Tips

First of all, when we say “leave” we are referring to leave as a general term of not being required to be at work. So, leave is an umbrella term that refers to vacation time, sick time, personal time,  PTO and whatever other creative term may be used to refer to time away from work.

A common misconception is that all employers are required to provide leave to their employees. However, whether or not an employer is required to
Continue Reading Do I need to provide leave to my employees?

The headline on this video clip of testimony in the trial of Johnny Depp’s case against his ex-spouse, Amber Heard, says that Amber Heard’s attorney “objects to his own question”. But did he?  What is actually happening here is that he objected to the answer, or at least he intended to do so.

He asked the witness: “You didn’t know what could cause damage to Mr. Depp’s hand while you were there on March 8, correct?”  That question, the
Continue Reading Depp v. Heard: Attorney Objects to His Own Question but Did He?

As winter rolls on, it gets tougher and tougher for even the hardiest Wisconsinites to pull themselves out of bed before work and shovel out the previous night’s snowfall. This is especially true when snow accumulates on consecutive days or the piles of snow bordering our sidewalks get to be chest high. As obnoxious as it can be, there are Madison city ordinances as well as state law that compel snow removal.
 
Madison General Ordinance (“MGO”) 10.28
 
Continue Reading Do I Really Need to Shovel Snow?

In early November, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act, a bipartisan infrastructure deal. The bill allocates approximately $1.2 trillion for infrastructure spending, including $55 billion to expand access to clean drinking water, $110 billion for roads and bridges, $66 billion for railroads, $65 billion each for power grid updates and broadband expansion to rural areas and low-income communities, $39 billion for public transit, and $21 billion for environmental cleanup such as closing old
Continue Reading The Wage and Hour Implications of the Infrastructure Investment and Jobs Act

On January 13, The Supreme Court of the United States issued two important decisions pertaining to vaccinations in the workplace. In one ruling, the Supreme Court struck down the Biden Administration’s OSHA rule requiring employers of 100 or more individuals to implement a policy requiring their employees to either get vaccinated against COVID-19 or show a negative COVID-19 test weekly and wear a mask during the work day. In the other, the Court affirmed another Biden directive,
Continue Reading The Supreme Court Issues Opinions On Two Vaccination Mandates: What Employers Need To Know

Despite previously saying it had no plans to renew the mask mandate after a previous iteration expired on November 27, Public Health of Madison and Dane County (“PHMDC”) has issued a new mask mandate to run until January 3.
Is This Order the Same as the Previous Iterations?
Largely, yes. The current order substantially mirrors the language in the PHMDC mask mandates since September. For a refresher, you can read our KEW Tip on the previous order here. The
Continue Reading PHMDC Renews County-Wide Mask Mandate

One of the most common questions or misunderstandings we see among residential landlords is: When is the appropriate situation to use a 5-Day Notice to Pay/Cure or Quit (a “5-Day”) versus a 14-Day Notice Terminating Tenancy (a “14-Day”), which does not give the tenant the ability to cure the default and continue to reside in the premises?  The answer depends on a few factors, starting with the type of tenancy.
Tenancies for a Year or Less, or Year-to-Year Tenancies 
Continue Reading Five Days, Fourteen Days, and the Right to Cure: Notices to Terminate a Residential Tenancy

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