Kramer, Elkins & Watt

KEW Tips

PHMDC Renews County-Wide Mask Mandate

Despite previously saying it had no plans to renew the mask mandate after a previous iteration expired on November 27, Public Health of Madison and Dane County (“PHMDC”) has issued a new mask mandate to run until January 3. Is This Order the Same as the Previous Iterations? Largely, yes. The current order substantially mirrors […]

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Five Days, Fourteen Days, and the Right to Cure: Notices to Terminate a Residential Tenancy

One of the most common questions or misunderstandings we see among residential landlords is: When is the appropriate situation to use a 5-Day Notice to Pay/Cure or Quit (a “5-Day”) versus a 14-Day Notice Terminating Tenancy (a “14-Day”), which does not give the tenant the ability to cure the default and continue to reside in […]

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Mask Mandate Extended – Dane County

On September 9, 2021, Dane County issued Face Covering Emergency Order #2 (“Order #2”) which is scheduled to go into effect on September 10, 2021 at 12:01am, directly following Face Covering Emergency Order (“Order #1”) scheduled to expire on September 16, 2021 at 12:01am. What’s with the time overlap? The overlap in time isn’t directly […]

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CDC’s Eviction Moratorium Upended by the Supreme Court

The Supreme Court issued a new opinion on August 26, 2021 which will perhaps be an end to the ongoing dispute over the legality of the Center for Disease Control and Prevention’s (the “CDC”) eviction moratorium (the “moratorium”). A deeper dive into the terms of the moratorium and an analysis of the procedural posture as […]

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DANE COUNTY TO RE-ISSUE MASK MANDATE, EFFECTIVE AUGUST 19

Public Health of Madison and Dane County (PHMDC) announced a new, county-wide mask mandate on August 17, 2021 to go into effect on August 19, 2021. Citing evidence that fully vaccinated people can still transmit the Delta variant of COVID-19 to others, PHMDC noted that countywide 7-day case average has risen from 19 on July […]

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Eviction Moratorium Extended Yet Again

On August 3, 2021, the Centers for Disease Control and Prevention (“CDC”) announced another extension of its eviction Moratorium (“the Moratorium”). This article compares and contrasts the new Moratorium with previous iterations. What has Changed? The new Moratorium applies on a somewhat more restricted basis, at least in theory. Instead of applying in any state […]

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Can my minor child work at my business?

This KEW Tip was originally published in the Spring of 2017, and has been updated as of August 2021 due to changes in the law.   Mixing Bowl Drama  On April 25, 2017, the Mixing Bowl Bakery, in Sauk City, Wisconsin was under fire for accusations of violations of child labor laws. The bakery was […]

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Can I reject a tenant based on criminal history?

  The law in Wisconsin (including Madison) currently does not prevent using criminal background to screen potential clients. However, federal law does prohibit using arrest records (open criminal cases are considered arrest records) as a basis for a denial. Even if you are a small local landlord, you are subject to the federal law as […]

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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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CDC Eviction Moratorium Extended Until July 31

  The Centers for Disease Control and Prevention announced on June 24 that it is extending its order, Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19, set to expire on June 30, until July 31. In issuing this extension, the CDC indicated that this is intended to be the final extension. […]

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