News of the Day

DWD Awarded $3 Million U.S. Department of Labor Grant for Job-Seeker IT upgrades

The Wisconsin Department of Workforce Development (DWD) has been awarded a $3 million grant from the U.S. Department of Labor to support its comprehensive upgrade and modernization of the Job Center of Wisconsin system and an internal case management system to better connect job seekers with employment opportunities.

The Comprehensive and Accessible Reemployment through Equitable Employment Recovery National Dislocated Worker grant will benefit workers affected by the COVID-19 pandemic and subsequent labor market disruption. DOL announced the availability of $43 million nationwide for the grant in June 2021, with a maximum award of $3 million.

The projects are expected to be implemented by late 2023. The work represents another major component of DWD’s comprehensive effort to improve service for customers – employers, job seekers, current employees and those experiencing disruption in their employment. In recent months, DWD also has introduced improvements to its virtual Job Center of Wisconsin, added a chatbot feature to help job seekers and employers connect, entered into a partnership with Google Cloud to expedite processing of unemployment insurance claims; and contracted with Flexion to overhaul its legacy Unemployment Insurance processing system.

Wisconsin Businesses Sue Biden Administration Over Vaccine-or-Test Mandate

Yesterday, the Wisconsin Institute for Law & Liberty (WILL) sued the Biden administration in federal court, on behalf of two Wisconsin businesses, challenging the Occupational Safety and Health Administration’s (OSHA) sweeping new vaccine-or-test mandate for businesses with 100 or more employees. OSHA’s emergency rule, issued November 4, requires businesses of a certain size to require proof of vaccination or regular COVID-19 tests for their employees. Companies that do not comply face penalties of over $13,000 per violation, or over $136,000 for a willful violation.

The lawsuit was filed in the Seventh Circuit Court of Appeals. Federal law requires lawsuits that challenge OSHA emergency rules to be filed in the Court of Appeals, rather than in a federal district court, where lawsuits typically originate.

The Quotes: WILL President and General Counsel, Rick Esenberg, said, “This new rule is illegal and unconstitutional. It circumvents the normal legal process, along with Congress, to claim emergency powers to impose a mandate on American business. However you feel about the COVID vaccine or even the very different question of a vaccine mandate, the Biden administration is claiming an extraordinary power to rule by decree that could be used in the future in almost unlimited and unforeseeable ways.”

Steve Fettig, Secretary and Treasurer of Tankcraft and Plasticraft, said, “The order is unconscionable. OSHA does not know how to run our companies. We do. OSHA does not know how to keep our employees safe. We do. And we have done so successfully since the start of the pandemic without the interference of a federal bureaucracy. We respect our employees’ fundamental right to make their own private, difficult medical choices.”

Attorney General Warns Wisconsinites of Increase in Ransomware Threats

 Attorney General Josh Kaul is advising Wisconsinites to be aware of ever-evolving ransomware threats. To date, the FBI has received 41 ransomware reports in Wisconsin this year, compared to 30 reports total in 2020.

“As technological threats continue to evolve and become more sophisticated, DOJ’s Cyber Unit remains committed to investigating cybercrimes throughout Wisconsin,” said Attorney General Kaul. “All of us can help combat the threat of ransomware by taking a few precautions: not clicking on links or attachments from unverified sources, using unique, complex passwords, and installing computer updates regularly.”

Ransomware is a type of malicious software cyber actors use to deny access to systems or data. The malicious cyber actor holds systems or data hostage until the ransom is paid. After the initial infection, the ransomware attempts to spread to shared storage drives and other accessible systems. If the demands are not met, the system or encrypted data remains unavailable.

A person may unknowingly download ransomware onto a computer by executing one of the following actions embedded with malware: opening an email attachment, clicking an advertisement, following a link, or visiting a website. Cyber actors continue to evolve their ransomware tactics over time to extort organizations and citizens. Awareness of these tactics is important to avoid unnecessary exposure.

Cyber-attacks may be prevented by following the Department of Homeland Security – Cybersecurity and Infrastructure Security Agency (CISA) best practices for managing risks posed by ransomware: https://www.cisa.gov/stopransomware. To learn more, visit the CISA Ransomware Guide at, https://www.cisa.gov/sites/default/files/publications/CISA_MS-ISAC_Ransomware%20Guide_S508C.pdf

Victims of ransomware attacks are encouraged to resist any urge to fulfill a ransom request. Compliance in response to a ransom does not guarantee the captured data will be returned. Compliance also encourages perpetrators to target more victims and offers an incentive for other cyber actors to get involved in this type of illegal activity.

If you believe you are a victim of a ransomware attack:

 

Some Wisconsinites Who Declined to Return to Unsafe Jobs Could Be Eligible for Federal UI Benefits

Tens of thousands of people in Wisconsin whose applications for COVID-19 pandemic unemployment benefits were denied could be eligible for up to 79 weeks of unemployment payments.

There are three main categories of newly eligible workers:

  • Those who declined to return to work at a site that wasn’t complying with COVID-19 safety standards, such as requiring face masks and physical distancing.
  • Those working for an educational institution who became unemployed or partially unemployed after COVID-19 scrambled workers’ schedules.
  • Those who were laid off or had their hours reduced as a result of COVID-19 measures, including restaurant workers.

Officials with the state Department of Workforce Development said they would be mailing notices to nearly 28,000 people who were denied benefits under the federal Pandemic Unemployment Assistance program to let them know they are eligible to reapply under the expanded guidelines. If they were denied before but found to be eligible now, they could be paid for the entire period of the pandemic thus far.

The Biden administration announced expanded eligibility for the federal program in February after President Joe Biden in an executive order said workers whose employers didn’t follow safety protocols could get the benefits. The Wednesday announcement by DWD follows from that executive order and guidance from Biden’s Department of Labor.

Wisconsinites who weren’t previously denied federal Pandemic Unemployment Assistance can also apply under the expanded eligibility. However, they’ll be limited in the number of weeks of back payments they can claim.

Foxconn, State of Wisconsin Reach New Deal on Scaled Back Project

Foxconn Technology Group has reached a new deal with reduced tax breaks for its scaled back project in southeast Wisconsin.

Gov. Tony Evers and the world’s largest electronics manufacturer announced the new deal on Monday. Details of the new agreement were not immediately released.

It was scheduled to be approved at a Tuesday meeting of the Wisconsin Economic Development Corp., the state’s top jobs agency that previously negotiated the initial deal with Foxconn.

Congress Reaches Deal on $900 Billion Covid-19 Relief Package

After months of stalemate, Congress struck a deal on nearly $900 billion in Covid-19 relief, including a new round of direct payments and help for jobless Americans, families and businesses struggling in the pandemic.

The agreement includes stimulus checks of up to $600 per person for individuals earning $75,000 per year and $600 for their children – the same requirements as the first round of stimulus checks.

It provides relief for the jobless, including an extension of unemployment insurance and a federal unemployment insurance bonus of $300 per week, over $284 billion more in loans for businesses struggling to pay rent and workers, $69 billion in testing and vaccine distribution funds and $82 billion in funding for colleges and schools.

It also includes the Democrats’ priority of $25 billion in rental assistance and a one-month extension of the eviction moratorium. More than $13 billion in food assistance is also in the bill.

The package excludes the Republican priority of liability protection from Covid-19-related lawsuits for businesses, universities and health care centers. It also doesn’t include hundreds of billions of dollars for states and localities for Medicare and for teachers and first responders who have come under financial distress during the pandemic.

Lawmakers are expected to vote on the package beginning Monday.

Wisconsin Supreme Court Hears Challenge To Evers Administration Order Limiting Bar, Restaurant Capacity

Wisconsin’s Supreme Court heard arguments Thursday in another case that could reframe the power of state government to respond to the COVID-19 pandemic, reviving a debate that began when justices struck down the state’s “Safer at Home” order in May.

The latest dispute stems from an order restricting bar and restaurant capacity that expired more than a month ago, but it raises issues the court left ambiguous in its “Safer at Home” ruling.

Gov. Tony Evers’ administration issued the order on Oct. 6 through powers invoked by state Department of Health Services Secretary Andrea Palm to respond to public health emergencies.

Palm’s order restricted the size of crowds at indoor businesses like restaurants and bars. Under the order, those businesses were limited to 25 percent of their usual capacity. For example, a restaurant that could normally hold up to 200 people would be limited to a crowd of 50.

The Evers administration argues there’s a key difference in this case.

When the court struck down “Safer at Home,” it carved out an exception, stating without explanation in two footnotes in the majority opinion that it was not striking down the state’s powers to close schools.

The law that spells out the power to close schools states that DHS “may close schools and forbid public gatherings in schools, churches, and other places to control outbreaks and epidemics.” The Evers administration argues that Palm’s latest order did just that.

Critics of Palm’s order argue it should be struck down because it relies on part of the same law that the Supreme Court addressed when it struck down “Safer at Home.”

“We have the same agency here. We have the same pandemic. They are repackaging these same exact arguments they made the last time,” said attorney Misha Tseytlin arguing on behalf of the Mix Up, Inc., an Amery bar and grill challenging Palm’s order. “I understand the composition of this court has changed since, but the law hasn’t changed.”

Federal Reserve Bank Keeps Interest Rate at Record Low

The Federal Reserve kept its benchmark interest rate at a record low near zero Thursday and signaled its readiness to do more if needed to support an economy under threat from a worsening coronavirus pandemic.

The central bank’s policy statement Thursday was approved on a 10-0 vote. Robert Kaplan, president of the Federal Reserve Bank of Dallas, who had dissented at the previous meeting, voted with the majority this time. Another dissenter in September, Neel Kashkari, head of the Minneapolis Fed, was absent, with his alternate, Mary Daly of the San Francisco Fed, approving the statement.

The statement was nearly identical to the one the Fed issued in September. At that meeting, it adopted a policy goal change it had made in August to keep rates low for some period of time even after inflation hits its 2% annual target. The reason was to allow the Fed to supply a longer boost to the economy and for unemployment to fall further before the policymakers begin to worry about inflation.

 

Congress Closes in on COVID-19 Relief, Funding Deal

Congressional leaders said Tuesday night they are making progress on a sweeping deal to fund the government and provide coronavirus relief but hadn’t yet clinched an agreement.

The top four congressional leaders met twice Tuesday as they race the clock to try to fund the government by Friday and break a months-long stalemate to provide more coronavirus aid.

The bipartisan package was split into two different bills. One $748 billion piece includes another round of Paycheck Protection Program (PPP) assistance for small businesses, an unemployment benefit and more money for schools, vaccine distribution and other widely agreed upon items.

The second, $160 billion piece ties together the two most controversial elements of the coronavirus negotiations: more money for state and local governments and protections from coronavirus-related lawsuits.

Electors Meeting to Formally Choose Next President

Presidential electors are meeting across the United States on Monday to formally choose Joe Biden as the nation’s next president.

Monday is the day set by law for the meeting of the Electoral College. In reality, electors meet in all 50 states and the District of Columbia to cast their ballots. In 32 states and the District of Columbia, laws require electors to vote for the popular-vote winner. The Supreme Court unanimously upheld this arrangement in July.

The voting is decidedly low tech, by paper ballot. Electors cast one vote each for president and vice president.

The Electoral College was the product of compromise during the drafting of the Constitution between those who favored electing the president by popular vote and those who opposed giving the people the power to choose their leader.

Each state gets a number of electors equal to their total number of seats in Congress: two senators plus however many members the state has in the House of Representatives. Washington, D.C., has three votes, under a constitutional amendment that was ratified in 1961. With the exception of Maine and Nebraska, states award all their Electoral College votes to the winner of the popular vote in their state.