Wisconsin’s COVID-19 response bill (2019 Wisconsin Act 185) was enacted by the Wisconsin legislature in mid-April. It included provisions to charge unemployment claims caused by the COVID-19 public health emergency to the...more
Governor Evers issued Emergency Order #1 on July 30, 2020 implementing a statewide face covering mandate. The face covering requirement will begin on Saturday, August 1, 2020 and will expire September 28, 2020 or by a...more
You are excited to get back to work! However, a few of your employees are not so eager to shed their jammies for pleated pants or steel-toed shoes. Can you force them to return? On the other hand, some employees who are happy...more
7/28/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
NLRA ,
Off-Duty Employees ,
OSHA ,
Protected Concerted Activity ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Workplace Safety
Beginning on Friday, July, 24, 2020 at 11:59 p.m., face coverings must be worn in Minnesota by all persons at indoor businesses, indoor public settings, and by workers outside when social distancing practices cannot be...more
7/24/2020
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Social Distancing ,
Workplace Safety
Last week, the DOL announced new Family Medical Leave Act forms were available on its website. (Note these forms are not applicable to the “Expanded FMLA” available under the Family First Coronavirus Response Act. Please...more
On June 17, the EEOC updated its COVID-19 Guidance to clarify that unlike COVID-19 testing, an anti-body test would be a prohibited medical examination. The FAQ (at A.7) states as follows:
Question: The CDC said in its...more
Today the U.S. Supreme Court decided in a 6-3 decision that Title VII provides protection from discrimination on the basis of sexual orientation and gender identity in the workplace.
Justice Neil Gorsuch and Chief Justice...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Many of you are reopening (if you were closed) or bringing back staff who were either laid off or teleworking. With this comes MANY questions, such as: CAN we monitor off-duty conduct, and if so, SHOULD we??
If you are a...more
Late last week, the Wisconsin Safety Council released a brochure for Wisconsin employers to consider as they prepare to reopen...more
Previously we reported on the EEOC’s post entitled “ What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”...more
Last Friday, the DOL issued “corrections” to its FFCRA regulations. A link to these corrections is here: FFCRA Corrections. Among other small changes, the DOL has made it crystal clear that an employer may require an employee...more
Today the DOL released detailed regulations with answers to nearly every question we have had over the past two weeks regarding this law. While we are still reviewing these regulations, there are two important details that...more
After much negotiation over the past few days, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law, a $2 trillion stimulus package aimed at providing critical economic...more
Today, March 25, 2020, the DOL issued a notice employers subject to the FFCRA must post prior to April 1, 2020...more
Shortly after we issued our guidance on the Families First Coronavirus Response Act (H.R. 6201) (the “FFCRA”) last week Friday, the Department of Labor and the Treasury Department jointly issued IRS Bulletin 2020-57 stating...more
Late yesterday, the Department of Labor issued its first FAQ at regarding the FFCRA. In that FAQ the DOL specifically states: Question: Can my employer deny me paid sick leave if my employer gave me paid leave for a reason...more
At about 7:30 p.m. on March 18, President Trump signed a bill into law containing two significant leave provisions that affect nearly every small to mid-sized employer in the country. This law, entitled the Families First...more
Last night, March 16, the House amended versions of a COVID-19 Coronavirus bill we reported on yesterday. Again, this alert will focus only on the two provisions regarding paid leave for employees. The Senate is expected to...more
Late Friday, the House passed the Families First Coronavirus Response Act (“FFCRA”) which provides COVID-19 relief to Americans in several areas. This alert will focus only on the two provisions regarding paid leave for...more
On March 12, 2019, our Department of Health Services issued a “Recommendations on Domestic and International Travel” memo. In that memo the DHS specifically recommends that individuals who return to WI from states with...more
In a followup to yesterday’s e-alert about the COVID-19 virus, please note the CDC has updated its travel advisory as follows...more
Should you ban nonessential business travel? Can you prevent an employee from taking that cruise? What if an employee refuses to go home when she is sick? Here are some answers to those questions and more!...more
3/13/2020
/ Americans with Disabilities Act (ADA) ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
International Travel ,
OSHA ,
Public Health ,
Traveling Employee ,
Workplace Safety
On Jan. 31, 2020, USCIS announced a new version of Form I-9, Employment Eligibility Verification. This new version contains minor changes to the form and its instructions. Employers should begin using this updated form as of...more
Here in Wisconsin marijuana is still illegal. However, this week our neighbor Illinois becomes the 11th in our nation to legalize marijuana which may cause complications for Wisconsin employers who recruit or have locations...more
Late last week the Department of Labor announced a Final Rule that will allow employers to more easily offer bonuses and benefits without worrying about the regular rate of pay. The rule is the first major change to the...more