The Families First Coronavirus Response Act will go into effect on April 2, 2020 with an end date of December 31, 2020. The main provisions applicable to employers and employees are the (1) Emergency Family Medical Leave Expansion Act and (2) Emergency Paid Sick Leave Act.

1. Emergency Family Medical Leave Expansion Act

• Applicable to employers with 500 or fewer employees
• For an employee to be eligible:
  • Must have been employed with employer for thirty (30) days
  • Leave is needed to care for a child whose school or childcare facility is closed due to COVID-19
• Employee is entitled to twelve (12) weeks of leave
  • First two weeks of leave are unpaid
    • Employee can choose to use employer-provided paid time off or paid sick leave but employer cannot require employee to do so.
  • The remaining ten (10) weeks are paid at a rate not less than two-thirds the employee’s usual rate of pay.
• Leave under this act is job-protected. Employee must be returned to their job upon return from leave.
• The amount of paid leave is capped at $200 per day or $10,000 in the aggregate.
• The bill authorizes the Secretary of Labor to issue regulations exempting (1) certain health care providers and emergency responders from taking leave under the bill and (2) small businesses with fewer than 50 employees from the requirements of the bill if it would jeopardize the viability of the business.
  • We will monitor any regulations issued by the Secretary of Labor and update this summary as necessary.

• Emergency Paid Sick Leave Act

• Applicable to private employers with 500 or fewer employees and public agencies with one or more employees.
• Full-time employees, regardless of length of employment, are entitled to two weeks (80 hours) of paid sick leave.
• Paid sick leave can be used for the following reasons:
  • The employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19.
  • The employee has been advised by a health care provider to self-quarantine.
  • The employee is experiencing symptoms of coronavirus and is seeking a medical diagnosis or has been diagnosed with COVID-19.
  • The employee is caring for an individual who is subject to a quarantine order or has been advised by a health care provider to self-quarantine.
  • The employee is caring for child whose school or childcare provider is closed due to COVID-19
• Employers must compensate employees at their regular rate of pay.
• Part-time employees are entitled to the number of hours of paid sick time equal to the number of hours they work, on average, over a two-week period.
• Paid sick leave is capped at $511 per day and $5,110 in the aggregate for employees who are quarantined or isolated due to COVID-19 or are experiencing symptoms of COVID-19 and seeking a medical diagnosis. The amount of paid sick time is also capped at $200 per day and $2,000 in the aggregate per employee for an employee who is: (i) taking care of an individual subject to a quarantine order or who has been advised by a health care provider to self-quarantine; (ii) caring for the employee’s child if the child’s school or place of care has been closed due to the coronavirus or if the child care provider for the child is unavailable; or (iii) experiencing any other substantially similar condition specified by the Secretary of Health and Human Services.

TAX CREDITS

The bill provides for a series of refundable tax credits for employers providing paid emergency sick leave or paid FMLA.  The credits are as follows:

• A refundable tax credit for employers equal to 100 percent of qualified family leave wages required to be paid by the Emergency Family Medical Leave Expansion Act that are paid by an employer for each calendar quarter.  The tax credit is allowed against the tax imposed by section 3111(a) (the employer portion of Social Security taxes).  The amount of qualified family leave wages taken into account for each employee is capped at $200 per day and $10,000 for all calendar quarters.  If the credit exceeds the employer’s total liability under section 3111(a) for all employees for any calendar quarter, the excess credit is refundable to the employer.
• A refundable tax credit for employers equal to 100 percent of qualified paid sick leave wages required to be paid by the Emergency Paid Sick Leave Act that are paid by an employer for each calendar quarter.  The tax credit is allowed against the tax imposed by section 3111(a) of the Internal Revenue Code (the employer portion of Social Security taxes).

Drone technology is still relatively new but the market for drones is absolutely soaring. Drones, or Unmanned Aerial Systems (UAS), are expected to have an $82 billion impact on the economy over the next 10 years. Wisconsin defines a drone as “a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide lift, and can fly autonomously or be piloted remotely; a drone may be expendable or recoverable.” Wis. Stat. §941.292(1). The Federal Aviation Administration (FAA) defines an Unmanned Aircraft System (UAS) or Drone, as an “aircraft that is operated without the possibility of direct human intervention from within or on the aircraft”

The FAA is tasked with the primary responsibility of establishing the rules and regulations for drone use. At this point the FAA has focused primarily on drone use for commercial purposes as well as drone use by government agencies. At the moment, however, drone use for private recreational purposes is largely unregulated.

In 2014 Governor Scott Walker signed the Drone Privacy Protection Act into law in the state of Wisconsin. Senate Bill 196 was introduced by the legislature to ensure that drones would not be used to intentionally violate the privacy rights of Wisconsin citizens. Under the law, law enforcement is prohibited from using drones equipped with video or audio recording equipment to collect evidence or information in a criminal investigation where an individual has a reasonable expectation of privacy, without first obtaining a search warrant. Certain emergency exceptions to this prohibition include locating an escaped prisoner, aiding in a search and rescue mission, executing an arrest warrant or preventing imminent harm to a person or the imminent destruction of evidence.

Since the passage of the Drone Privacy Protection Act, Wisconsin has adopted a slew of amendments and additions to the drone laws which attempt to regulate not only commercial/governmental use but also recreational use. Below is an abbreviated summary of the current drone laws in Wisconsin:

• It is unlawful to utilize drones to harass wild animals and/or impede, obstruct, or harass a person lawfully engaged in hunting, fishing, or trapping. Wis. Stat. §29.083
• Drones can be flown over lands and waters of this state, unless at such a low altitude as to interfere with the existing use to which the land and water, or space over the land or water is dangerous or damaging to persons or property beneath. Additionally, it is unlawful to land a Drone (expect in the case of a forced landing) on private property without the consent of the property owner. Wis. Stat. §114.04.  There is a presumption of liability imputed to the owner and/or operator of a drone for damage or injury caused by a drone.
• It is unlawful to operate a drone over a correctional facility or its grounds. Wis. Stat. §114.045.
• It is unlawful to operate a drone recklessly, while under the influence of an intoxicant or drug, or with a prohibited alcohol concentration above 0.04. Wis. Stat. §114.09.
• It is unlawful to use a drone to photograph, record, or observe an individual at a place or location where that individual has a reasonable expectation of privacy. Wis. Stat. §942.10.

Recently, the FAA adopted new rules for drones used for commercial and/or professional purposes. However, drones used for strictly recreational or hobby purposes are still defined as a “model aircraft” which are subject to much looser regulations and guidelines.

Below is an abbreviated summary of the federal rules governing drones used for recreational purposes:

• Drones weighing more than .55 lbs must be registered with the FAA. The registration fee is $5.00 and the registration is in place for three years.
• Operators must maintain a visual line of sight when operating the drone.
• Drones must comply with all flight restrictions issued by the FAA. (Ex: sporting events, concerts, theme parks, etc.)
• Operation of a drone within 5 miles of an airport requires notification of the airport operator.

The FAA has created an app for smartphones called B4UFLY. The purpose of the app is to help unmanned aircraft operators by providing them with information about restrictions or requirements in effect at the location where they plan to fly the drone.

As the demand for drones continues its rise so too will the demand for rules and regulations. With incidents of drones crashing at sporting events (2015 US Open; 2015 University of Kentucky college football game); drones crashing in public areas (drone crashed through outdoor restaurant table in Seattle); and drones crashing in highly sensitive areas (White House lawn) it is clear that safety and privacy concerns will be at the forefront of new rules and regulations pertaining to recreational drone usage in the future.

On November 16, 2016 the City of Plymouth located a large safe that was buried approximately two feet beneath the surface in Stayer Park. The City held a public opening of the safe on November 18 but, unfortunately, nothing of significant value was located within the safe. However, had something of significant value been found inside the safe an interesting legal question would have arisen: who owns the contents of the buried safe?

Wisconsin is one of only twelve states that recognizes a legal doctrine known as treasure trove. Under the treasure trove doctrine, title to found valuables belongs to the finder of the items unless the true owner can be identified. In essence, the age old adage “finders keepers” holds true in Wisconsin, unless the owner or his heirs comes forward to make a claim.

Pictured below is the safe that was found in Stayer Park.

https://twitter.com/plymouth_wi/status/798992663332560896

 

2013 Wisconsin Act 274 grants landlords’ additional protection from tenants’ unpaid utility bills becoming tax liens on the landlords’ property. The new law requires utilities to comply with the following procedures:

• A municipal utility must send bills for service to a customer who is a tenant in the tenant’s own name.
• A municipal utility must provide notice to a landlord of a tenant’s arrears within 14 days of the charges becoming past due.
• If the landlord notifies the utility that a tenant has vacated the dwelling while utility charges are in arrears and, within 21 days of the tenant vacating the dwelling, the utility must continue to send past-due notices to the tenant at the forwarding address until either the charges have been paid or the utility has started the procedure for collecting the charges as a tax lien.
• A municipal utility must send the notice that unpaid charges will become a lien on the property (the “October 15 notice”) to the tenant and to the owner.

If the utility attempts to collect unpaid service charges as a tax lien against the property, the new law grants the utility a lien on the assets of the tenant.

If the landlord pays the service charge, the lien can be transferred to the landlord. Specific notice provision must be followed by the utility and the landlord to enforce the lien.

For more information follow this link: https://docs.legis.wisconsin.gov/2013/related/lcamendmemo/sb517.pdf or contact Attorney Michael J. Bauer.

With mortgage interest rates low and lots of homes for sale it is a buyer’s market. Many buyers are swept away in the excitement of selecting a home, and are ignorant of the problems that can result from making a hasty decision concerning the first and most important step on the path to acquiring their dream home – the Offer to Purchase. The Offer to Purchase is a detailed written contract between buyer and seller.

In Wisconsin a contract to buy a home is not legally binding unless it is in writing, signed by the buyers, accepted by the sellers, and contains all of the essential terms of the transaction. In almost all cases, this legally binding contract takes the form of a standard residential Offer to Purchase (WB-11 Residential Offer to Purchase). This 9 page 462 line form is filled with legalese. Additional real estate forms are often attached to the Offer and become part of the contract.

More often than not, the new home buyer is working with a real estate agent. Successful realtors are personable, friendly, and anxious to help the buyer make a decision about their dream home. For many buyers, they look upon this helpful person as working for them. Almost always, the realtor isn’t working for the buyer – he or she is working for the seller. The realtor’s fee is dependent on getting the Offer to Purchase signed by the buyer and seller in order to start the legal process which will (hopefully) end up with a closing of the transaction. The realtor makes money by earning a commission which is paid upon closing.

Realtors perform an important service in marketing homes, connecting the buyer and seller, and helping arrange for a real estate transaction to be completed. However, buyers must bear in mind that the agent’s ultimate objective is to close the transaction so he or she can collect a commission. When assisting a potential buyer with the preparation of the key legal document in any transaction – the Offer to Purchase – the real estate agent has a strong incentive to minimize potential problems which can sometimes lead to unhappy results including lawsuits.

The right time for the buyer to get independent legal advice concerning what the Offer to Purchase should include is before the blanks are filled in and the seller has accepted the Offer to Purchase. After the buyer has submitted a signed Offer to Purchase and it has been accepted by the seller, it is difficult or impossible to get out of the legal obligations created by the contract. A buyer’s refusal to close a transaction can result in claims for substantial damages for breach.

You want to meet with your lawyer before you have signed the contract and cemented your legal obligation to purchase the house. Your attorney can advise you as to what needs to be part of the contract to protect yourself from problems that may cause the transaction to go sour and, in some cases, result in costly claims against you.

Avoid the mistake of thinking that the realtor is working for you. When you get to the point of wanting to make an Offer to Purchase, it is time to take a step back, get good independent legal advice, and then have the benefit of a carefully drafted legally enforceable contract prepared by a person who is working to protect your interests and to reach your objectives – your attorney.