Authored by Dean R. Dietrich
As you know, the Wisconsin Legislature and Governor Evers have signed a Coronavirus Relief Law known as 2019 Wisconsin Act 185. There are several important provisions regarding employment law contained in this Act:
- The one-week waiting period for unemployment compensation benefits has been suspended beginning March 12, 2020, and running through February 7, 2021. Individuals applying for unemployment compensation benefits will receive unemployment benefits effective upon application. The funds for this initial week of benefits will be paid by federal government funds sent to the State.
- Employers will not be charged for unemployment benefits claimed by an employee of a business during the course of the public health emergency. The benefits will be paid by the Balancing Account if it is determined that the unemployment claim is related to the Coronavirus Pandemic. This relief from a “charge” against a specific business unemployment account runs from March 12, 2020 through December 31, 2020. Employers must carefully fill out claim information in order to document that the unemployment claim is based upon action taken by the business related to the Coronavirus Pandemic.
- The Act suspends the obligation of an employer to provide for review or to provide copies of a personnel file to an employee or an employee representative. This limitation on the obligation to provide personnel records extends for the length of the emergency declared by the State. While I am not sure of the rationale behind this change, it is now effective and limits the obligation to provide personnel records to an employee.
As you may know, the Emergency Declaration to extend the “Stay At Home” Directive is being challenged in the Wisconsin Supreme Court. We will continue to monitor the status of that litigation.
If you have further questions or need clarification, please contact Dean Dietrich of Dietrich VanderWaal at (715) 574-4747.
Be safe.
