Monthly Archives: October 2020

Workers’ Compensation in a Post COVID World

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Lindner & Marsack, as the Wisconsin firm member of the National Workers Compensation Defense Network, would like to invite you to this year’s NWCDN virtual annual conference. This year’s conference is “Workers’ Compensation in a Post COVID World.”  The day-long program will focus on both COVID and COVID inspired topics with presenters including a Director from the CDC, the Senior Contributing Editor for the AMA Guides, leaders of industry, the Plaintiffs’ bar and the judiciary from all over the country.

 

This free daylong seminar features not only the main stage speakers, but a second stage that includes panel discussions comprised of law firms from all over the country providing both COVID and non COVID state specific updates.  Click the registration link below and we look forward to “seeing” you on November 12, 2020.

 

Thursday, November 12, 2020,

COMPLIMENTARY VIRTUAL SEMINAR

from 10:00 a.m. to 6:00 p.m. EST

 

Click here to Register Now!

NEW SEPARATION NOTICE REQUIREMENTS

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By: Samantha J. Wood

Pursuant to a recently issued emergency rule from the Department of Workforce Development (“DWD”), as of November 2, 2020, Wisconsin employers will be required notify workers about the availability of unemployment insurance at the time of their separation from employment.

This rule was enacted pursuant to a provision in the federal Families First Coronavirus Response Act (“FFCRA”) that requires promulgation of this rule as a condition of receiving federal emergency funding. Specifically, the Emergency Unemployment Insurance Stabilization and Access Act of 2020 (“EUISAA”) provides that, as a requirement for receiving additional federal funding for state unemployment insurance programs, the state must require employers to provide notification of the availability of unemployment compensation to employees at the time of separation from employment.

This notice can be in the form of a letter, e-mail, text message, or flyer. The DWD has suggested providing employees with the following language along with a link to the unemployment poster that is already required under law:

Applying for Unemployment Benefits –

You may file an unemployment claim in the first week that your employment stops or your work hours are reduced. See the DWD’s digital poster for when and how to apply for unemployment benefits.

While the DWD recognizes that not all employees will meet the eligibility requirements for unemployment insurance, because the EUISAA does not distinguish between different types of separations, it is recommended that the notice be provided to all employees upon separation, regardless of the reason for or circumstances surrounding the separation.

While there is no monetary penalty for noncompliance with this rule, an employee who does not receive notice and later applies for unemployment benefits may be permitted to backdate their claim. Thus, an employer’s failure to provide this notice could result in an employee having additional time to file an initial claim for benefits.

If you have any questions about this new rule, please contact your Lindner & Marsack attorney or the Firm at (414) 273-3910.

 

Court Extends Temporary Restraining Order Blocking Wisconsin Governor From Releasing Names of Companies with Positive COVID Cases

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By: Sally A. Piefer

Last week we reported that Governor Evers planned to release the names of more than 1,000 businesses who have had 2 or more employees test positive for COVID-19. The Wisconsin Manufacturers & Commerce (WMC) reported that it had been regularly urging the Governor to keep this information confidential. WMC claimed that a letter was sent to the Governor in July 2020 describing the legal implications of releasing the names of businesses who had COVID-positive cases among its employee ranks. WMC says that it reached out again to the Governor’s office, but received no response before it alerted its membership of the impending information release. On October 1, the WMC, along with two local chambers of commerce, filed suit and obtained a temporary restraining order (TRO) blocking the release of this information.

This morning a court hearing was conducted by Zoom. Based on the arguments of counsel, the Court decided to extend the TRO until the parties have had an opportunity to fully brief the issues and for the Court to make an informed decision. The next hearing is scheduled for November 30, 2020 at 2:00 p.m. The parties, along with the Milwaukee Journal Sentinel, who intervened in the case, will be filing a variety of briefs between October 9th and November 6th.

We will continue to provide updated information as it becomes available. Should you have any questions, please feel free to contact Sally Piefer or your normal contact at Lindner & Marsack.

COURT ISSUES TEMPORARY RESTRAINING ORDER PREVENTING WISCONSIN GOVERNOR FROM RELEASING NAMES OF BUSINESSES EXPERIENCING COVID CASES

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By Sally Piefer

Yesterday we reported that, despite repeated requests from the Wisconsin Manufacturers & Commerce (WMC), Wisconsin’s Governor Evers was set to release to the public the names of Wisconsin businesses who have had at least 2 employees test positive for COVID. The release of business names was scheduled for Friday, October 2, 2020.

Yesterday, the WMC, along with two other local Chambers of Commerce, filed a lawsuit in Waukesha County Court on the issue. The WMC and the Chambers also sought a temporary restraining order (TRO), asking the Court to immediately prevent the Governor’s office from taking the proposed action.

The Waukesha County judge granted the TRO request late on Thursday afternoon. The Order reads:

Upon the motion of Plaintiffs Wisconsin Manufacturers and Commerce, Muskego Area Chamber of Commerce, and New Berlin Chamber of Commerce and Visitors Bureau, pursuant to Wis. Stat. § 813.025 and for good cause shown;

It is hereby Ordered that Defendants Tony Evers, Andrea Palm, and Joel Brennan, and their officers, agents, and employees (collectively referred to as “Defendants”), are temporarily restrained from releasing any information relating to businesses whose employees have tested positive for COVID-19 or who contract tracing has shown close connections.

This Order shall remain in effect for 5 days unless extended after notice and hearing.

The Court will likely be scheduling a hearing on the request for a preliminary injunction either next week or the week after. Typically, TRO’s can be in effect for up to 5 days, unless extended by agreement of the parties. We will continue to keep you abreast of further developments on this issue. Should you have any questions, please feel free to contact Sally Piefer or your normal contact at Lindner & Marsack.

Wisconsin Manufacturers & Commerce Reports Wisconsin Governor to Release Names of Companies with Positive COVID Cases

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By: Sally A. Piefer

Yesterday afternoon, the Wisconsin Manufacturers & Commerce (WMC) notified its members that Governor Evers plans to release the names of more than 1,000 businesses who have had 2 or more employees test positive for COVID-19. The release is reportedly scheduled to occur tomorrow, Friday, October 2, 2020.

During the summer, Governor Evers said publicly that his administration would not release business names where employees tested positive for COVID because it was “information that’s not public.” In addition, during a September press event, Governor Evers is reported to have acknowledged that releasing the information could pose privacy issues.

The WMC has been regularly urging the Governor to keep this information confidential. WMC retained legal counsel who wrote a letter to the Governor in July 2020 describing the legal implications of releasing the names of businesses who had COVID-positive cases among its employee ranks. WMC says that it reached out again to the Governor’s office yesterday, but received no response before it alerted its membership of the impending information release.

We will continue to provide updated information as it becomes available.

If you have questions, please contact Sally Piefer or your normal Lindner & Marsack attorney.