Labor and Employment

Webinar | COVID Era and Beyond: Managing Workforce Liability Under a New Normal

  Click here to watch the webinar on-demand. Click here to access the PowerPoint Presentation.   The $2 trillion Coronavirus Aid, Relief and Economic Security Act (CARES) may help your business survive the economic downturn. But how is your company adapting to a new normal? In this complimentary webinar presented by BizTimes Media, in collaboration with Network Health, The Horton...

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New State Relief Bill Marks Fundamental Change in Workers’ Compensation Law for “First Responders”

By: Bruce B. Deadman Some media outlets, commentators and business organizations have expressed concern that as they return employees to work, employers may have potential liability on a variety of fronts. This came true for employers who have “first responders” in an important provision of the coronavirus relief package signed into law by Governor Evers on April 15. To collect workers’...

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CARES Act: Educational Impact for School Districts

By: Abby S. Busler The Coronavirus Aid, Relief and Economic Security (CARES) Act includes among its many provisions specific funding sources for Wisconsin school districts. This includes a Governor’s Emergency Education Relief Fund and an Elementary Secondary School Emergency Relief Fund. The CARES Act also created a higher education relief fund, but that is not applicable for K-12 schools. The...

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What’s in the Regular Rate? December 2019 DOL Rules and March 26, 2020 Opinion Letters Provide Clarification for the COVID-19 Era

By: Bruce B. Deadman Many employers are bedeviled by the question of what payments need to be included under the Fair Labor Standards Act (FLSA) in an hourly employee’s hourly rate for the purpose of determining what their pay rate should be for overtime (hours worked over 40 in a workweek). This is often referred to as the employee’s “regular rate.” It’s important to have an accurate regular...

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FFCRA Regulations

By: Abby S. Busler, Laurie E. Meyer, and James M. Kalny On April 1, 2020, the Department of Labor (DOL) issued its interim regulations in connection with the Families First Coronavirus Response Act (FFCRA), as title 29 of the Code of Federal Regulations part 826. The regulations are preceded by 82 pages of guidance. The following highlights the guidance provided on the regulations. 29 CFR §...

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IRS Issues Strict Rules and Documentation Requirements for Required Paid Leave Credit, Launches Employee Retention Credit

By: Bruce B. Deadman and Laurie E. Meyer Yesterday the IRS took two actions which have an immediate impact on employers regarding what documentation they must keep in order to get a refundable tax credit for their employees’ paid leave under the Families First Coronavirus Response Act (FFCRA), and how businesses may qualify for a tax credit of up to $10,000 for regular wages paid to employees...

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The “Small Business Exemption” to the Families First Coronavirus Response Act (FFCRA): Who Qualifies? And What is the Exemption?

By: Laurie E. Meyer Many employers are aware that when Congress initially passed the FFCRA, it allowed the Secretary of the Department of Labor (DOL) to issue later rules exempting employers with fewer than 50 employees (“small business”) from its requirements if compliance would jeopardize “the viability of the employer’s business as a going concern.” The DOL did not initially elaborate on...

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Updates Regarding Families First Coronavirus Response Act Date Change

By: Abby S. Busler Recently, the Department of Labor (DOL) began issuing guidance and posters regarding the upcoming Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act (EFMLA). Most importantly, the initial start date has changed, and the FFCRA begins on April 1, 2020.  No this is not an April...

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Webinar Replay: Managing Your Workforce in the #SaferAtHome Era

Davis|Kuelthau hosted a complimentary webinar on Monday, March 30th for all Wisconsin businesses navigating the myriad employment hurdles stemming from the COVID-19 pandemic and the Essential Business mandates across Wisconsin. D|K Employment Law Attorneys, Laurie Meyer and Anthony Steffek, held a Q&A forum addressing topics such as: Telework Furloughs Layoffs FFCRA applicability for leave...

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$2 Trillion Stimulus CARES Act – Educational and Labor Impacts

By: Abby S. Busler While the majority of provisions in the CARES Act address loans and stimulus plans for individuals and businesses, the CARES Act also enacts additional legislation directly impacting schools and amends the Families First Coronavirus Response Act (FFCRA). The Act sets forth approximately $13.5 billion dollars through formula grants to States to support local educational...

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