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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
Dane County Emergency Order #15 Goes Into Effect April 7
On April 2, 2021, Public Health Madison & Dane County (“PHMDC”) issued a new emergency order, to go into effect on April 7. Order #15 notes that on March 10, when Emergency Order #14 came out, the 7-day case average was 55 and 7-day hospitalization average was 23. As of April 1, the case average […]
Wisconsin Supreme Court Overturns Governor Evers’ Mask Mandate
On March 31, 2021, the Supreme Court of Wisconsin issued its ruling in Fabick v. Evers, finding that Governor Evers exceeding his authority in issuing multiple Executive Orders declaring states of emergency due to the COVID-19 Pandemic under Wis. Stat. § 323.10. In ruling that Governor Evers surpassed his statutory authority, the court terminated the […]
Nationwide Eviction Moratorium Extended
The CDC’s eviction moratorium, first put in place by the Trump Administration in September of 2020, has been extended until June 30, 2021. The new Director of the CDC signed the extension order on March 28. What do residential landlords absolutely need to know? The existing moratorium has been extended until June 30, 2021. […]