Kramer, Elkins & Watt

Category: Employment

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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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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American Rescue Plan Act – Biden’s $1.9 Trillion Stimulus

President Biden signed a massive piece of COVID-19 relief legislation on Thursday, March 11, with benefits totaling approximately $1.9 trillion dollars. The bill, named the American Rescue Plan Act (ARPA), provides the well-publicized $1,400 for many Americans. The bill also continues expanded unemployment benefits and an expansion of the Paycheck Protection Program (“PPP”), while providing […]

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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 loosens restrictions; allows 10 person indoor gatherings

Effective this morning, Dane County Public Health has issued Emergency Order #11, in response to an improvement in COVID numbers in Dane County. As the order omits mandatory school closure, the Public Health Department also released guidance for schools considering reopening in person instruction. What has changed under Emergency Order #11? Mass Gatherings  Citing a […]

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Employers Must Provide Employees Unemployment Notice at Separation

Effective November 2, 2020 Wisconsin employers will be required to provide all departing employees, regardless of the reason for the separation with the company, written notice regarding Unemployment Insurance Benefits. What Should the Notice Say? The DWD has suggested language to be included in the notice to be given to employees, including the following: That […]

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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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SCOTUS and LGBTQ: New Employment Protections Nationwide

  On June 15, 2020, The Supreme Court of the United States issued its decision in Bostock v. Clayton County.  In a 6-3 decision, the Court found that protections in the Civil Rights Act of 1964 extend to homosexual and transgender employees. Employers across the country may no longer discriminate against LGTBQ employees, linking disparate […]

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