On Tuesday, November 16, 2021, litigation pending in several federal circuits regarding the federal vaccine/testing mandate described below was consolidated in the U.S. Court of Appeals for the Sixth Circuit. Below, we summarize the mandate, discuss the various court developments, and provide guidance as to steps employers could take while the legal challenges continue. OSHA Issues ETS Mandate...
Davis|Kuelthau Employment and Litigation attorney, Laurie E. Meyer, has been invited to speak at the 35th Annual DBE Workshop and Secretary’s Golden Shovel Awards. She will present, Changes to Medical Leave in the COVID Age, a virtual program on Thursday, February 25, 2021 at 11:30 AM CST. The Annual DBE Workshop and Secretary’s Golden Shovel Awards is Wisconsin’s premier conference for small,...
By: Abby S. Busler The Center for Disease Control (“CDC”) has issued 60 pages of detailed guidance to reopen businesses, health care facilities and providers, schools, transit, and other industries. This guidance also provides information regarding testing and data to assist with exposure and risk concerns for those industries. The following is an overview of the topics addressed in the newly...
Webinar | May 21 | 10:30 AM Despite the global pandemic, construction projects are moving forward across the state of Wisconsin. With Safer at Home set to expire in Wisconsin on May 26, it’s more important than ever to keep your employees safe on the job site and in the office, while focusing on obtaining future work in this new environment. Join us on May 21 from 10:30 to 11:30 AM for a...
On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The SBA explained that the...
By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing all "non-essential" businesses, prohibiting private...
By: Sherry D. Coley and Tiffany E. Woelfel On April 16, 2020, Governor Evers and the Department of Health Services issued an extension to the Safer At Home Order. Emergency Order #28 will begin on April 24, 2020, and will continue until May 26, 2020, at 8 a.m., unless altered. The extended Order provides new restrictions on the number of individuals allowed in retail stores at any point in time....
Within less than a month, the outbreak of COVID-19, and government countermeasures deployed to blunt its effect, has brought a vibrant economy grinding to a halt. In particular, what was a lively commercial real estate market buttressed by strong economic fundamentals, only weeks ago, is beginning to slow due to the uncertainty caused by the pandemic. At the individual deal level, parties are...
By: Timothy J. Feldhausen The term “anticipatory breach” or “anticipatory repudiation” does not come up very often outside of the courtroom, but in this time of COVID-19 and disrupted supply chains around the world, it deserves a closer look. Anticipatory breach occurs when a party to a contract demonstrates, either through its words or its actions, that it does not intend to comply with one...
By: Matthew R. McClean COVID-19 is causing many of us to alter expectations. Many in the construction industry are confronting this reality and need to prepare for the potential legal implications. Construction businesses are looking at three significant, interrelated issues from virus’ impact: labor (having healthy, able workers available in the time of social distancing and keeping them safe);...
