Labor and Employment

Governor Evers “Turns the Dial” to Begin Further Relaxing Restrictions on Businesses Categorized by the State as Non-Essential Retail

By: Sherry D. Coley and Tiffany E. Woelfel On May 11, 2020, Governor Evers issued Emergency Order #36, which further relaxes restrictions on retail businesses categorized by the State as non-essential. The Order allows for non-essential retail businesses to open their doors to customers for in-person shopping, provided that the entrance into the...

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Post COVID-19 Return to Work

By: Robert W. Burns and Bruce B. Deadman Amidst all the controversy and uncertainty as to when both “essential” and “non-essential” businesses will reopen, one thing is certain: at some point in the future all businesses who have survived the crisis will reopen. This article focuses on some of the employment law issues and challenges which...

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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,...

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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...

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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...

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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...

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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...

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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...

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