Employee Benefits Archives - Davis & Kuelthau

Congress Declines to Extend Mandated FFCRA Leave Beyond December 31 But Provides Tax Credit to Employers Who Voluntarily Extend Paid Leave

December 23, 2020

Note: This client update is based on the stimulus bill passed by Congress and sent to the President for signature earlier this week. This bill is not law until the President signs the legislation, and recent news reports suggest that President Trump finds some portions of the stimulus bill objectionable. We will continue to monitor the status of...

Maintaining Workplace Civility in an Era of Heightened Divide

November 18, 2020

"Do as adversaries do in law, strive mightily, but eat and drink as friends." William Shakespeare, The Taming of the Shrew, Act I, sc. 2 In the aftermath of the historic and divisive election, many of us welcome an end to the besiegement of ads, media commentaries, Facebook and Twitter postings, etc. that are not only uncivil, but in many cases...

New Employer Notification Requirement to Employees of Unemployment Benefit Rights

October 16, 2020

Wisconsin Employers mark your calendar. As of November 2, 2020, all employers covered by Wisconsin’s Unemployment Insurance (UI) law must provide employees with written notice regarding the availability of UI benefits upon a change in employment status. The new requirement applies when work hours are reduced, layoff, furlough, or separation –...

“Health Care Providers” Under the FFCRA: Department of Labor Revises the Regulation and Focuses the Field of Employees Eligible for Leave

September 25, 2020

By: Anne V. O'Meara, Laurie E. Meyer, and Anthony J. Steffek On September 11, 2020, the Department of Labor (DOL) released its second interpretation of the Families First Coronavirus Response Act (FFCRA). The new DOL rule, which took effect on September 16, revised the original rule’s definition of “health care provider” to provide up to twelve...

SBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions

May 16, 2020

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...

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

April 16, 2020

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...

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

April 1, 2020

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...

Claiming Tax Credits For Paid Leave Under The Emergency Family And Medical Leave Act And The Emergency Paid Sick Leave Act

March 26, 2020

By: Mark G. Kmiecik and James M. Kalny The Families First Coronavirus Response Act (“Act”) provides two new refundable payroll tax credits (“tax credits”) for employers providing paid emergency sick leave or paid FMLA, including tax relief for self-employed individuals. As written, however, the Act is not practical as to these tax credits, since...

President Trump Signs Relief Package for Employers: Families First Coronavirus Response Act

March 19, 2020

By: Abby S. Busler, Gini L. Hendrickson and Laurie E. Meyer Late last night, President Trump signed the Families First Coronavirus Response Act (FFCRA), an emergency relief package designed to assist employers and employees in the wake of the 2019 coronavirus pandemic (COVID-19). This signature is on the heels of the Senate which voted to accept...

Can Employees Use FMLA Leave to Attend IEP Meetings at Their Children’s School?

August 20, 2019

By: Abby S. Busler and Laurie E. Meyer Recently, the United States Department of Labor (DOL) issued an opinion letter addressing whether an employee may take leave under the Family and Medical Leave Act (FMLA) to attend a meeting to discuss the Individualized Education Program (IEP) of the employee’s child. In the situation posed to the DOL, an...

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