Posted on November 30, 2020 by Ruder Ware Alumni
Blog
As Autumn began to descend upon us, the Occupational Safety and Health Administration (OSHA) demonstrated that it will indeed use the General Duty Clause (GDC) to cite employers for health and safety conditions related to COVID-19. This is a good time to revisit employers’ obligations under the GDC and how a lack of compliance can […]
Posted on August 28, 2020 by Sara J. Ackermann
Blog
Today the U.S. Department of Labor’s Wage and Hour Division published responses to three new frequently asked questions for regarding qualifying for paid leave under the Families First Coronavirus Response Act (FFCRA) in relation to the reopening of schools. This list of FAQs has now hit 100 and is a great guide for employers regarding the […]
Posted on August 6, 2020 by Sara J. Ackermann
Blog
Wisconsin’s COVID-19 response bill (2019 Wisconsin Act 185) was enacted by the Wisconsin legislature in mid-April. It included provisions to charge unemployment claims caused by the COVID-19 public health emergency to the state’s balancing account, rather than to employers’ accounts, in order to relieve employers from increased unemployment taxes in 2021. This Act was tied […]
Posted on June 30, 2020 by Paul J. Mirr
Blog
Back in mid-March (which seems much longer than three months ago!), many governors issued stay-at-home orders, silencing the bustle of everyday activity. Restaurants and bars locked their doors, schools moved online, and weekend traffic on Wisconsin’s interstate highways decreased 60%. It was the equivalent, Paul Krugman wrote at the time, of a “medically induced coma, […]
Posted on May 20, 2020 by Ruder Ware Alumni
Blog
The Occupational Safety and Health Administration (OSHA) announced yesterday that it will resume enforcing its illness reporting requirements with regard to COVID-19 cases for most employers. The new guidance may be found here. This is a reversal of the relaxation that OSHA announced six weeks ago that it was putting a hold on most COVID-19 […]
Posted on May 13, 2020 by Mary Ellen Schill
Blog
The Wisconsin Supreme Court has ruled that Governor Tony Evers’ administration overstepped its authority when it extended the governor’s “Safer at Home” order until May 26. The original “Safer at Home” order went into effect on March 25 and was initially expected to expire on April 24, but the governor’s administration extended the order until […]
Posted on May 12, 2020 by Ruder Ware Alumni
Blog
As we previously predicted, the Centers for Medicare and Medicaid Services (“CMS”) has continued to issue expansions of the Blanket Waivers applicable during the COVID-19 pandemic. CMS states the reason for issuing these waivers is to give heath care providers the flexibility they require to fulfill their patient care obligations during the pandemic. The PDF […]
Posted on May 6, 2020 by Melissa S. Kampmann
Blog
There has been significant publicity surrounding the issue of deceased individuals receiving stimulus checks under the CARES Act. It is far more common than you may think, simply because of the speed in which our government operated to send out the payments. The stimulus checks were issued to individuals that met certain income requirements and […]
Posted on May 5, 2020 by Ruder Ware Alumni
Blog
Tony Evers, Governor of Wisconsin, and Wisconsin Department of Health Services Secretary-designee Andrea Palm have issued another emergency order, Emergency Order #35 (Order #35), directed at suspending certain administrative rules in an attempt to remove unnecessary impediments to the fight against the virus. A major focus of Order #35 is assuring that Medicaid members retain […]
Posted on May 5, 2020 by Ruder Ware Alumni
Blog
The Office of Civil Rights’ “Notification of Enforcement Discretion” regarding COVID- 19 and remote telehealth communications do not apply to information protected under 42 CFR Part 2. These Part 2 regulations protect the confidentiality of certain substance and alcohol rehabilitation records and generally provide more stringent confidentiality protections than what applies to general medical records […]