By: Laurie E. Meyer As states and municipalities relax safer-at-home measures, stores, restaurants, offices, manufacturers, and other employers across the country are either re-opening for business or returning their employees from remote work. Despite the best of intentions to comply with seemingly ever-changing laws, orders and agency guidance,...
In new guidance issued on June 17, 2020, the Equal Employment Opportunity Commission (EEOC) adopted the CDC’S position that antibody test results “should not be used to make decisions about returning persons to the workplace” because “an antibody test at this time does not meet the ADA’s “job related and consistent with business necessity”...
In the midst of the global pandemic, the United States Department of Education (DOE) updated its Title IX guidance and recently issued accompanying final regulations. In 2017, United States Department of Education Secretary Betsy DeVos revoked Obama-era Title IX guidance. On May 6, 2020, Secretary DeVos released the final regulations relating to...
On June 15, 2020, in a landmark decision, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of sexual orientation or transgender status. This decision comes five years after the Court legalized same sex marriage. The Supreme Court’s 6-3 decision was authored by...
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...
After the Wisconsin Supreme Court struck down the statewide Safer At Home order on Wednesday, May 13, 2020, a number of local governments, at the county, city, and village levels, began issuing their own Safer At Home orders. By Wednesday evening, Brown and Dane Counties had issued orders—as well as the suburban regions of Milwaukee County, which...
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...
By: James M. Kalny On May 13, 2020 the Wisconsin Supreme Court in a split decision, struck down the Executive Order 28 Safer at Home (SAH). The same day the decision was announced counties and some municipalities started enacting their own health orders. In several cases the orders simply stated that the SAH and a couple other executive orders...
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...
By: Sherry D. Coley and Tiffany E. Woelfel May 15, 2020, 4:00 PM Update This article was originally published the morning of May 14, 2020, and was accurate as of the time of publishing. Since publication, a number of additional counties and local governments have implemented Safer At Home Orders. Additionally, a number of counties have...
