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Below are our latest posts regarding the coronavirus pandemic.

COVID Local Fiscal Recovery Funds May Impact Levy Limits

On May 5, 2021, the Wisconsin Department of Revenue (DOR) issued guidance on how local governments’ receipt and expenditure of federal American Rescue Plan Act - Local Fiscal Recover Funds (LFRF) may impact state-imposed levy limits, shared revenue and the expenditure restraint program (ERP), and tax incremental financing (see Guidance at https://www.revenue.wi.gov/Pages/SLF/COTVC-News/2021-05-05.aspx

Recent Changes to Public Health Guidance on Masking

On May 16, 2021, the Centers for Disease Control and Prevention (CDC) issued revised guidance on mask wearing. This guidance states that fully vaccinated individuals no longer need to wear a mask except while using public transportation, as provided by workplace, business, or other organizations’ guidance, or as provided by federal, state, or local law. The CDC also recommends that individuals continue to wear masks in health care settings, correctional facilities, and homeless shelters

Department of Public Instruction Updates COVID-19 Special Education Guidance

Boardman Clark previously reported on the Department of Public Instruction’s (“DPI”) guidance document COVID-19 Special Education Question and Answer Document (“Question and Answer Document”): Guidance for Public School Districts Serving Students with Disabilities During the Current Closure Related to COVID-19 and Department of Public Instruction Updates COVID-19 Special Education Guidance. DPI published several recent updates to the Question and Answer Document with new information regarding compensatory or recovery services, requests for education records, evaluations, extended school year, use of the “I-10,” planning for additional school closures, and in-home special education services. The updates to the Question and Answer Document are summarized below and the full version of DPI’s guidance may be found here: COVID-19 Special Education Question and Answer Document.

Legal Risks in Requiring Employees to Receive the COVID-19 Vaccine

Currently the Pfizer, Moderna, and Johnson & Johnson vaccines for COVID-19 have only been approved for emergency use by the Food and Drug Administration (FDA), which means that terminating an employee for refusing to receive the vaccine could violate unjust termination principles under Wisconsin law. The bottom line is that currently no state or federal law directly prohibits Wisconsin employers from requiring employees to receive the COVID-19 vaccine, but doing so exposes employers to many forms of potential liability. The legal risks outlined below demonstrate that mandating vaccines is not recommended at this time, and dealers instead may want to consider simply encouraging employees to get vaccinated.

Latest COVID-19 Relief Package Brings New Employment Law Changes for Businesses

On March 11, 2021, President Biden signed the $1.9 trillion dollar American Rescue Plan Act of 2021 into law (the Act). The latest COVID-19 relief package aims to provide continuing aid to individuals and businesses as the country continues to grapple with the economic fallout created by COVID-19. The new legislation continues some programs (with modifications) from previous stimulus packages, while also creating new programs that affect employers.

Schools Soon Eligible For Tax Credits For Voluntary COVID-19 Paid Leave

On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law. This law funds a variety of programs. One such program provides tax credits to employers that voluntarily provide certain types of paid leave to employees. The big change for school districts is that beginning April 1, 2021, for the first time, districts will be eligible for tax credits to cover some of the costs of this leave.

Employer COVID-19 Immunity Included in Unemployment Bill

Governor Evers signed a new bill into law on Thursday, February 25th dealing primarily with updating Wisconsin’s outdated Unemployment Compensation System (2021 Wisconsin Act 4). While this is good news as it should address delays and other processing issues which became evident over the past year, it will take some time for a new system to be designed and implemented.

DOL Issues New Tip Regulations, but Rule’s Future Remains Uncertain

On December 22, 2020, the Department of Labor (DOL) issued a final rule revising the FLSA’s tip regulations. In theory, the new rule will go into effect on March 01, 2021. However, it is anticipated that either the Democratic-controlled Congress or incoming Biden administration may eliminate or make substantial revisions to the rule before it can take effect. Employers are encouraged to consult with legal counsel prior to making changes to their tip pooling practices.

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