Kramer, Elkins & Watt

Category: Business

U.S. Department of Labor Proposes Further Rulemaking for Tip Regulations

The U.S. Department of Labor recently proposed further rulemaking for tip regulations, which delayed some regulations until December 2021, while others took effect on April 30, 2021.  The FLSA allows an employer to count a limited amount of tips received by its tipped employees as a credit toward the employer’s Federal minimum wage obligations. This […]

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Do business owners need to pay Unemployment Insurance?

Let’s start with some background on unemployment insurance in Wisconsin. This article focuses on unemployment insurance from an employer’s perspective and specifically under Wisconsin state law. As such, we are not discussing the expanded unemployment provisions in the CARES Act, which primarily impact separated employees applying for unemployment benefits under more broad eligibility criteria. As […]

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Public Health of Madison and Dane County to Lift Emergency Orders on June 2

On May 18, Public Health of Madison and Dane County (“PHMDC”) announced the next steps in response to COVID, largely in light of the CDC’s recent update on May 13 that fully vaccinated do not need to wear masks or physical distance in any setting (see here for more information from the CDC). As we […]

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Employee or Independent Contractor?

Whether an individual worker can or should be classified as an employee or independent contractor is a crucial question that every employer needs to answer before bringing on a worker. This article is focused on issues facing Wisconsin employers. This article is broken down into two sections: FAQs Tests which include both Wisconsin and Federal […]

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Dane County Issues New Public Order #16, Effective May 5

Public Health Madison & Dane County (“PHMDC”) has issued Emergency Order #16 to replace Order #15 (our analysis of Order #15 can be found here), which expires at midnight on May 5. The new order goes into effect at 12:01 a.m. on May 5 and will be effective until June 2. PHMDC notes that, as […]

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New COVID guidance from OSHA

On January 29, 2021 OSHA released guidance to help employers and employees identify risks related to exposure to and contracting of COVID-19 at work. This guidance is intended to apply to most workplace settings, but specifically does not apply to healthcare or emergency response settings/workplaces. The guidance contains recommendations that are advisory in nature and […]

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Dane County Issues New Emergency Order, Effective February 10 at 12:01 a.m.

Public Health Madison & Dane County (“PHMDC”) recently issued Emergency Order #13, to go into effect at 12:01am on February 10, 2021, replacing Emergency Order #12, which expires at the same time. Citing a reduction in the 7-day case average and the number of people hospitalized with COVID-19 countywide, PHMDC is, generally, loosening restrictions. In […]

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Can I use this expired gift card?

February 6, 2020:Yay! Gift card to my favorite store, “Rad Stuff, Ltd.” OMG, thank you for the best birthday present ever! I can’t wait to go there! February 7, 2021: Oh, yeah I got a gift card to Rad for my birthday last year, I’m going to finally use it! Expires February 6, 2020? Ugh, […]

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Governor Evers Extends Statewide Mask Order

On September 22, Governor Evers announced a new Declaration of Public Health Emergency and  Emergency Order requiring face coverings as the orders issued in July reach their expiration dates. Our analysis of the previous orders can be found here (along with a comparison to the Dane County mask order). Largely, the orders mirror the orders […]

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Businesses Need to Know: COVID Related Requirements

A flurry of federal and local legislation has been passed in the past five or so months pertaining to COVID. And, although we have blogged about most of this information in the past, the following is a brief rundown of what you need to know now, with hyperlinks to previous, more in-depth explanations. For employers […]

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