Brian Dake

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.

IRS Releases New Individual Income Tax Brackets for 2021

The IRS on Monday released the updated tax brackets for the 2021 filing season, which have been modified to reflect inflation.

Taxpayers fall into one of seven brackets: 10%, 12%, 22%, 24%, 32%, 35% and 37%. While those rates will remain unchanged in 2021, the tax brackets have been indexed to keep pace with cost-of-living adjustments.

These rates are in effect for 2021 and will be used to prepare your tax returns in 2022. You can find the tax brackets for 2020 here.

The IRS has also increased the standard deduction — a flat dollar amount that reduces the amount of your income that’s subject to taxes — for 2021. For individuals and married couples filing separately, the deduction rose to $12,550, up $150 from this year. For married couples filing jointly, the deduction jumped to $25,100, an increase of $300.

Heads of households will also see an increase in their standard deduction next year: $18,800, up $150 from this year.

Senate Confirms Judge Amy Coney Barrett to Supreme Court

The United States Senate voted 52-48 on Monday night to confirm Amy Coney Barrett to the Supreme Court in a move that makes the 7th Circuit Court of Appeals judge and Notre Dame law professor the third appointment to the high court by President Trump.

The last president to nominate three new justices to the Supreme Court was Ronald Reagan.

Monday’s vote marked the end of a confirmation process that lasted less than 40 days from when late Justice Ruth Bader Ginsburg died to when her successor, Barrett, was confirmed.

Justice Clarence Thomas administered the Constitutional Oath to Barrett at the White House on Monday night, while Chief Justice will administer the Judicial Oath to her in a private ceremony at the Court on Tuesday.

 

Appeals Court Blocks Wisconsin’s Restrictions on Bar, Restaurant Capacity

Wisconsin’s public health restrictions on bar and restaurant capacity have again been blocked, this time by a state court of appeals.

In a 2-1 ruling Friday, the court reissued a temporary injunction in the case, ruling that plaintiffs were likely to succeed in their appeal.

The Tavern League did not appeal that ruling, but a new group of plaintiffs did. They include The Mix Up, Inc., a bar and grill in Amery, northwest of Eau Claire, as well as Liz Sieben, the business’ owner. They also include the group Pro-Life Wisconsin and its president, Daniel Miller.

Friday’s 2-1 ruling from Wisconsin’s District 3 Court of Appeals again blocked the administration’s limits and set an expedited schedule for a full appeal. Judges Mark Seidl and Thomas Hruz formed the majority opinion while Judge Lisa Stark dissented.

Existing-Home Sales Soar 9.4% in September

U.S. home sales are through the roof, according September numbers presented by the National Association of Realtors (NAR).

Sales of existing homes spiked 9.4% in September to a seasonally adjusted rate of 6.54 million, marking the fourth consecutive month of growth in the housing market across all four major regions classified by the NAR.

Home-buying is also exceeding pre-pandemic levels, as September’s sales were up 20.9% over the same month in 2019.

“Home sales traditionally taper off toward the end of the year, but in September they surged beyond what we normally see during this season,” said Lawrence Yun, NAR’s chief economist, in a press release. “I would attribute this jump to record-low interest rates and an abundance of buyers in the marketplace, including buyers of vacation homes given the greater flexibility to work from home.”

Median home prices increased in every region as well, with September’s median price at $311,800, as compared to $271,500 in Sept. 2019.

DWD Announces Lost Wage Assistance Program Now Available

Yesterday, the Department of Workforce Development (DWD) announced that the department has deployed the Lost Wages Assistance (LWA) program. DWD began releasing benefits Thursday, October 15 and will continue making payments over the next week.

The LWA program is a Federal Emergency Management Agency (FEMA) program that provides an additional $300 per week to eligible claimants who certify that they are unemployed or partially unemployed due to disruptions caused by COVID-19 and whose weekly benefit rate is at least $100 in one of the following unemployment-related assistance programs: regular Unemployment Insurance (UI), Pandemic Unemployment Assistance (PUA)Pandemic Emergency Unemployment Compensation (PEUC), or Trade Readjustment Allowance (TRA).

FEMA approved Wisconsin for the LWA program on September 1. The LWA benefit payments are estimated to result in another $224 million in the hands of Wisconsinites.

Payments from the LWA program will be made retroactively to eligible claimants for up to six weeks: the weeks ending August 1, August 8, August 15, August 22, August 29, and September 5, 2020. FEMA will not fund any weeks after September 5, 2020. DWD estimates up to 220,000 claimants may be eligible for LWA.

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

Governor Announces Additional $256M in Relief for Wisconsin Taxpayers

Governor Tony Evers announced Tuesday, an estimated $256.4 million in tax relief for Wisconsin taxpayers as a result of the additional revenue collected by the Department of Revenue (DOR) from out-of-state retailers and marketplace providers for the twelve-month period ending September 30, 2020.

A 2018 decision by the U.S. Supreme Court in South Dakota v. Wayfair expanded the state’s authority to require out-of-state retailers and marketplace providers to collect and remit sales and use tax during the period beginning October 1, 2019 and ending September 30, 2020.

This revenue estimate is based on tax amounts reported by filers who registered to collect taxes after the Wayfair decision and are located outside of the state. Additional revenue reported by marketplace providers is included in this amount as the marketplace provisions included in 2019 Wisconsin Act 10 took effect January 1, 2020.

Act 10 also defined a marketplace provider and required them to collect and remit sales and use tax on taxable sales they facilitate online on behalf of third-party sellers beginning on January 1, 2020, creating a more level playing field between brick and mortar stores and online retailers.