Brian Dake

Broadband in Rural Wisconsin: Identifying Gaps, Highlighting Successes

While broadband is nearly universal in Wisconsin cities and villages, there are major disparities in the rural parts of the state, according to a new Forward Analytics report, Broadband in Rural Wisconsin: Identifying Gaps, Highlighting Successes.

The most recent data from the Federal Communications Commission show that 25% of rural residents lack access to 25 Mbps broadband, the speed which is now considered the standard. Wisconsin’s level of inaccessibility is worse than the national average and 35 other states.

In Wisconsin, rural access to 25 Mbps broadband varies widely by county. The highest levels of access generally are in the relatively small rural parts of urban counties, such as Kenosha, Racine, and Waukesha counties. However, in nine more sparsely-populated counties—Ashland, Clark, Douglas, Iron, Marinette, Price, Richland, Rusk, and Taylor—less than half of the rural population had broadband at that speed available in 2019.

According to Knapp, Wisconsin’s broadband infrastructure does have key successes, though. Access levels at speeds of 10 Mbps or higher are better than the U.S. average—93.6% of rural Wisconsin residents had access to those speeds vs. 91.3% nationally. In areas with high levels of 10 Mbps access, the strategy for achieving universal 25 Mbps access will focus more on upgrading current service rather than bringing new broadband to areas where it does not exist.

Governor Evers Signs Executive Order Advising Wisconsinites to Stay Home

Last night, Governor Tony Evers delivered a primetime address, calling for unity and working together in responding to the COVID-19 pandemic. The governor’s address comes as Wisconsin had yet another record-breaking day in COVID-19 cases, hospitalizations, and deaths.

As COVID-19 continues to surge across the state, Governor Evers announced Executive Order #94, which includes new measures to combat the spread of COVID-19. Executive Order #94 advises Wisconsinites to stay home, urges precautions Wisconsinites should take to stay safe if they have to leave their home, and encourages businesses to take additional steps to protect workers, customers, and the surrounding community

State Supreme Court to Hear Oral Arguments about Legislature’s Authority in Public Health Emergencies

The Wisconsin Supreme Court will hear oral arguments on November 16 regarding whether the state legislature can yield its power to the executive branch in the challenge to Governor Tony Evers’ Covid-19 emergency powers.

The Wisconsin Institute for Law & Liberty (WILL) has been granted time for oral arguments in the case of Fabick v. Evers, an original action before the state Supreme Court questioning whether Evers can issue multiple emergency orders for the same crisis, the continuing fight against the Covid-19 pandemic. According to WILL, the power to extend the emergency orders only belongs to the legislature.

Since the start of the Covid-19 pandemic, Evers has issued three emergency orders that have been challenged in court.

The first order was the shut down of bars, restaurants and other “non-essential” businesses earlier this year. The Evers Administration’s attempt to extended that emergency order was shot down 5-4 in a state Supreme Court decision in a lawsuit brought by WILL.

The emergency order that authorized the statewide mask mandate is before the Wisconsin Supreme Court now in Fabick v. Evers. WILL had filed their own separate lawsuit, but their case was put on hold and they were invited to file an amicus brief in the Fabick case.

A third emergency order limiting occupancy for bars and restaurants to 25% was defeated at the Appeals Court level on Friday. The order, which also expired on Friday, was placed on hold by the Appeals Court in October pending the final outcome of the case.

Pfizer’s Early Data Shows Vaccine is More Than 90% Effective

The drug maker Pfizer announced on Monday that an early analysis of its coronavirus vaccine trial suggested the vaccine was robustly effective in preventing Covid-19.

Pfizer, which developed the vaccine with the German drugmaker BioNTech, released only sparse details from its clinical trial, based on the first formal review of the data by an outside panel of experts.

The company said that the analysis found that the vaccine was more than 90 percent effective in preventing the disease among trial volunteers who had no evidence of prior coronavirus infection. If the results hold up, that level of protection would put it on par with highly effective childhood vaccines for diseases such as measles. No serious safety concerns have been observed, the company said.

Pfizer plans to ask the Food and Drug Administration for emergency authorization of the two-dose vaccine later this month, after it has collected the recommended two months of safety data. By the end of the year it will have manufactured enough doses to immunize 15 to 20 million people, company executives have said.

U.S. Department of Labor Announces Last Payable Week of Extended UI Benefits in Wisconsin is November 7

The Department of Workforce Development (DWD) was recently notified by the United States Department of Labor (USDOL) that Wisconsin has met the criteria for turning off the Unemployment Insurance (UI) Extended Benefits (EB) program. The last payable week of EB is November 7, 2020.

According to the USDOL, “Wisconsin’s 13-week insured unemployment rate (IUR) for the week ending October 10, 2020, was 4.87 percent, falling below the 5.00 percent threshold necessary to remain “on” EB. Therefore, the EB period for Wisconsin ended on November 7, 2020 and the State will remain in an “off” period for a minimum of 13 weeks.”

DWD expects to complete system programming for the EB program in December. Once complete, eligible claimants will be paid for the weeks in which they qualify for the benefit retroactively.

For more information, visit https://dwd.wisconsin.gov/uiben/eb/.

State Supreme Court Won’t Weigh Reinstating Wisconsin Capacity Limits

Wednesday, the Supreme Court of Wisconsin voted not to consider whether to reinstate the governor’s order that limited indoor capacity and imposed gathering restrictions.

The order, which Gov. Tony Evers issued in October, is not currently in effect. Gov. Evers noted Wednesday that the back-and-forth is only hurting the state’s ability to get the virus under control.

Wisconsin Attorney General Josh Kaul had asked the state’s highest court to consider reinstating the order, which caps indoor public gatherings at 25% occupancy or 10 people if an occupancy restriction is not in place.

The order was blocked by the 3rd District Court of Appeals in October after Pro-Life Wisconsin and a bar in Amery appealed a circuit court judge’s decision to uphold the capacity limit.

The decision stemmed from a lawsuit filed against the state by the Tavern League of Wisconsin. The governor’s chief legal counsel, Ryan Nilsestuen, said he plans to appeal Wednesday’s outcome.

U.S. Enlists Pharmacy Chains to Vaccinate Against Coronavirus

More than a dozen retail pharmacy chains have agreed to partner with the federal government to serve as COVID-19 vaccination sites under a plan developed by the U.S. Centers for Disease Control and Prevention.

Walgreens Boots Alliance Inc., CVS Health Corp., Walmart Inc., Kroger Co., Publix Super Markets Inc., and Costco Wholesale Corp. are among the companies that have agreed to participate, according to the CDC plan issued Friday.

The information was contained in an updated “interim playbook” the CDC prepared for states, territories, and local governments readying vaccination programs.

The playbook sketches out how Covid-19 shots would get to hospitals, clinics, and other vaccination sites, starting with initial supplies for health-care workers and others at high risk of infection.

Pharmacies would become involved during a second phase of vaccine rollout. The pharmacies would order the Covid-19 vaccines from the federal government, which would then supply them, according to the CDC’s plan. The pharmacies’ involvement would help expand and accelerate the public’s access to the shots as supplies increase, the CDC said.

Legal Resources for Small Employers

Legal Articles and Documents for Small Employers:

Alison Helland is an Attorney with the Madison-based law firm – Boardman & Clark LLP. She is a valued member of the WIB team of professionals that are available to answer your critical business questions.

She is just a phone call – 1-800-362-9644 (toll-free) – or click away – office@wibiz.org – from responding to legal questions from WIB members in response to the coronavirus crisis.

In addition to this personalized service, Alison provides WIB with articles written by her colleagues at Boardman & Clark LLP on recent federal and state government coronavirus-related actions of interest and concern to small, independent businesses.

Updates from Alison’s Office:

Public Health on Madison and Dane County Notifies Licensed Food and Drink Establishments of Increased Enforcement Efforts to Combat COVID-19 (9/15/2020)
https://www.boardmanclark.com/publications/business-minute/public-health-of-madison-and-dane-county-notifies-licensed-food-and-drink-establishments-of-increased-enforcement-efforts-to-combat-covid-19 

DOL Provides Guidance on Tracking and Compensating Remote Workers’ Unscheduled Hours (9/14/2020)
https://www.boardmanclark.com/assets/newsletters/hrheadsupsep14.pdf

Back to School FFCRA Guidance for Employers (8/17/2020)
https://www.boardmanclark.com/assets/newsletters/hrheadsupaug17.pdf

Presidential Executive Order Provides Opportunity to Defer Employee Payroll Taxes, but Proceed with Caution in Doing So (8/11/2020)
https://www.boardmanclark.com/publications/business-minute/executive-order-provides-opportunity-to-defer-employee-payroll-taxes-but-proceed-with-caution-in-doing-so

Dane County Requires Face Coverings Indoors Beginning July 13, 2020 (7/8/2020)
https://www.boardmanclark.com/assets/newsletters/hrheadsupjuly8.pdf

Navigating Disability Accommodations and Discrimination as Your Business Reopens (6/17/2020)
https://www.boardmanclark.com/assets/newsletters/hrheadsupjune17.pdf

Potential Liability for Organizations Due to the COVID-19 Pandemic (6/8/2020)
https://www.boardmanclark.com/assets/newsletters/hrheadsupjune8.pdf

Managing Employees’ Return to the Workplace During the COVID-19 Pandemic (6/3/2020)
https://www.boardmanclark.com/assets/newsletters/hrheadsupjune3.pdf

U.S. Treasury Department Releases FAQ on the Review of Borrower’s Good Faith Certification under the PPP (5/13/2020)
https://www.boardmanclark.com/publications/the-banking-lawyer/u-s-treasury-department-releases-faq-on-the-review-of-borrowers-good-faith-certification-under-the-paycheck-protection-program-ppp

DOL Releases Latest Guidance on FFCRA Leave (5/8/2020)
https://www.boardmanclark.com/assets/newsletters/hrheadsupmay8.pdf

The Latest on Substitution of Other Paid Leave During FFCRA Leave (4/24/2020)
https://www.boardmanclark.com/assets/newsletters/fyi-apr-24.pdf

Changes to Wisconsin Unemployment Benefits (4/17/2020)

https://www.boardmanclark.com/assets/newsletters/hrheadsupapr17.pdf

DOL Issues Temporary Rule on the FFCRA (4/8/2020)

https://www.boardmanclark.com/assets/newsletters/hrheadsupapr8.pdf

Updated United States Treasury Department FAQs on SBA Paycheck Program Program (4/7/2020)

https://www.boardmanclark.com/publications/the-banking-lawyer/updated-treasury-department-faqs

Unemployment Insurance Expansion under the CARES Act (4/7/2020)

https://www.boardmanclark.com/assets/newsletters/hr_heads_up_-apr7.pdf

IRS Clarifies Documentation Required for FFCRA Leave and Limitations on Caretaker Leave (4/1/2020)
https://www.boardmanclark.com/assets/newsletters/hr_heads_up_-irs.pdf 

DOL Issues First Guidance on the Families FFCRA (3/26/2020)
https://www.boardmanclark.com/assets/newsletters/hrheadsupmar252020.pdf

DOL Releases Additional FFCRA Guidance Clarifying Common Areas of Concern (Part 2) (3/31/20)
https://www.boardmanclark.com/assets/newsletters/hrmar312020.pdf

DOL Releases Additional FFCRA Guidance Clarifying Common Areas of Concern (Part 3) (3/31/2020)
https://www.boardmanclark.com/assets/newsletters/hr_heads_up_2020-4-1_ns_1.pdf)

U.S. Treasury Department Issues Guidance on Paycheck Protection Program (3/31/2020
https://www.boardmanclark.com/publications/the-banking-lawyer/u-s-treasury-department-issues-guidance-on-paycheck-protection-program

SBA – Paycheck Protection Program (3/31/2020)
https://www.boardmanclark.com/publications/business-minute/sba-business-loan-program

DOL Releases Additional FFCRA Guidance Clarifying Common Areas of Concern (Part 1) (3/27/2020)
https://www.boardmanclark.com/assets/newsletters/hrmar272020.pdf

Governor Evers and U.S. Congress Bar Most Evictions and Foreclosures to Help Combat COVID-19 (3/27/2020)

https://www.boardmanclark.com/publications/the-banking-lawyer/governor-evers-and-u-s-congress-bar-most-evictions-and-foreclosures-to-help-combat-covid-19

Statewide “Safer At Home Order” – Emergency Order (3/26/2020)
https://www.boardmanclark.com/assets/newsletters/Safer-at-Home-Memo.pdf

Wisconsin Department of Revenue Offers One-Month Extension for Withholding, Sales and Use Tax, and Excise Tax Filings…but NOT Payments (3/25/2020)
https://www.boardmanclark.com/publications/business-minute/wisconsin-department-of-revenue-offers-one-month-extension-for-withholding-sales-and-use-tax-and-excise-tax-filings-but-not-payments[ ]( https://www.boardmanclark.com/publications/business-minute/wisconsin-department-of-revenue-offers-one-month-extension-for-withholding-sales-and-use-tax-and-excise-tax-filings-but-not-payments )

Families First Coronavirus Response Act (FFCRA) Bill Signed Into Law (3/20/2020)
https://www.boardmanclark.com/assets/newsletters/mar192020.pdf

Evers Administration Petitions Supreme Court for Expedited Review of Limits on Indoor Public Gatherings Order

The Evers administration is asking the state Supreme Court to take over a challenge to the limits on indoor public gatherings, arguing the case involves “immediate, life-threatening public health conditions.”

The 3rd District Court of Appeals last week placed the order on hold as it reviews a circuit court judge’s ruling that had upheld the order.

At the heart of that case is a dispute over whether the Evers administration should’ve issued the limits on public, indoor gatherings through the administrative rules process, which gives lawmakers oversight of agency actions.

In May, the state Supreme Court in a 4-3 ruling overturned an extended stay-at-home order, finding it should’ve been issued through the administrative rules process.

But DOJ argued that ruling didn’t address a statute giving the DHS secretary the power to close “schools and forbid public gatherings in schools, churches and other places to control outbreaks and epidemics.”

DOJ argued the limits on public, indoor gatherings were issued under that statute and the court needs to clarify whether its May ruling applies to that provision in state law as well.

It also argued the case would eventually end up before the justices anyway, regardless of what the 3rd District decides.

 

U.S. GDP Booms at 33.1% Rate in Q3, Better than Expected

Third-quarter gross domestic product, a measure of the total goods and services produced in the July-to-September period, expanded at a 33.1% annualized pace, according to the department’s initial estimate for the period.

The gain came after a 31.4% plunge in the second quarter and was better than the 32% estimate from economists surveyed by Dow Jones. The previous post-World War II record was the 16.7% burst in the first quarter of 1950.

Q3 growth came amid a resurgence in consumer activity, which accounts for 68% of GDP. Though most of the country remained in a cautious reopening, shoppers began returning to stores and the bar and restaurant industry entered the first tepid phase of resuming business despite restrictions on capacity.

Personal consumption increased 40.7%, while gross private domestic investment surged 83% amid a 59.3% increase on the residential side.