DOL Issues Final Rule on Independent Contractor Status under FLSA
***Update, January 27, 2021*** UPDATED BY EXECUTIVE ORDER – CLICK HERE FOR UPDATED INFORMATION **** On January 6, 2021, the US Department of Labor announced a final rule establishing the test for whether a worker will be classified as an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). The final rule […]
DOL Issues Timely Wage and Hour Rule and Guidance
***Update, January 27, 2021*** UPDATED BY EXECUTIVE ORDER – CLICK HERE FOR UPDATED INFORMATION **** Over the last few weeks, the Department of Labor (DOL) has been busy ticking items off its to-do list. We have seen action on everything from tip pooling to employee notices to travel time. Tip Pooling and Tip Credits In […]
EEOC Updates COVID-19 Guidance to Address Vaccinations
On December 16, 2020, the EEOC updated its What You Should Know About Covid-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to address COVID-19 vaccinations. The update confirms that employers may require approved COVID-19 vaccinations when they are available, but they must do so in compliance with EEO laws. Given the uncertain landscape created […]
COVID-19 vaccines on the horizon: What does it mean for employers?
On December 10, 2020, a Food and Drug Administration (FDA) advisory committee will meet to review Pfizer’s COVID-19 vaccine and recommend whether to authorize its emergency use in the United States. Moderna is also seeking FDA Emergency Use Authorization (EUA) for its COVID-19 vaccine, and dozens of other pharmaceutical companies are in the process of […]
OSHA Issues Guidance on Reporting Work-Related COVID-19 Hospitalizations and Deaths
On September 30, 2020, OSHA published new guidance on employers’ obligations to report employee in-patient hospitalizations and fatalities resulting from work-related cases of COVID-19. Employers must report hospitalizations with 24 hours: In order to be reportable, an employee’s in-patient hospitalization due to COVID-19 must occur within 24 hours of exposure to the virus at work. […]
UI Notice Required at Time of Separation of Employment
Beginning November 2, 2020, Wisconsin employers must notify employees at the time of separation from employment of the availability of Unemployment Insurance (UI) benefits. Notice of unemployment rights can be given to employees by email, text message, letter, or by providing the DWD printed poster in person or by mail. The content of the notice […]
Wisconsin Judge Reinstates Emergency Order Restricting Indoor Gatherings
Update 11/06/2020 The Governor’s Emergency Order #3, which limited indoor gatherings throughout Wisconsin, expired on November 6, 2020. On the same day, the Wisconsin Supreme Court ruled that a lower court should have issued an injunction blocking enforcement of the Emergency Order. Update 10/26/2020 The statewide indoor capacity restrictions in Emergency Order #3 are not […]
Statewide Limits on Indoor Public Gatherings
On October 14, 2020, a Sawyer County district court temporarily blocked Governor Evers administration’s Emergency Order #3, which limits indoor public gatherings statewide. The Court will hear arguments on Monday, October 19, to decide whether to issue a permanent injunction that would permanently block enforcement of Emergency Order #3, unless a higher court overrules that […]
Review Employee Voting Rights As Elections Near
As we near the end of October, federal, state, and local elections are right around the corner. It is a good time for employers to review relevant policies and legal obligations towards employees who seek time off to vote or otherwise participate in the election process. Under Wisconsin law, an employee who is entitled to […]
DOL Announces Proposed Rule on Independent Contractor Status under the FLSA
On September 22, 2020, the US Department of Labor proposed a new rule to clarify whether a worker will be classified as an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). The proposed rule will be available for review and public comments for 30 days after it is published in the […]
