Wisconsin Unemployment

WISCONSIN UNEMPLOYMENT LAW COMMENTS AND ANALYSIS

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By: Victor Forberger

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Alan Ferguson
Victor Forberger

Latest from Wisconsin Unemployment

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At the 18 March 2021 meeting of the Advisory Council, the Department presented its first eight proposals. These first eight proposals included the proposals that the Advisory Council originally approved of in 2019 (but which were not enacted because of the pandemic). At the 15 April and the 20 May 2021 meetings of the Advisory Council, the Department presented another 18 proposals — D21-09 thru D21-26. Yikes. Here are those proposals, with links to…
Update (14 June 2021): UI Works provides some information about how unemployment is a crucial economic support for families and state economies. Yesterday, both Wisconsin legislative chambers passed AB336, a bill to stop PUA, PEUC, MEUC, and PUC benefits in Wisconsin. The Republicans in the state legislature are pushing for the end of all of these pandemic-related supplemental unemployment benefits, under the disguise that these additional benefits are keeping people from working. Utter nonsense.…
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In September 2020, I described how the able and available questions on the weekly certification ignored actual Department regulations. In short, the questions about being able or available for full-time work ignored key regulations that allow claimants to answer “yes” if they could work to the best of their ability the number of hours they were capable of working. So, a claimant who can only work 20 hours in a week because of a physical…
The Joint Finance Committee met yesterday for the 2022-2023 fiscal budget. At this meeting, there were many complaints about job shortages and how “unemployment” was keeping the people collecting benefits from working. Rep. Zimmerman even described how he had to close his winery early on one Saturday because of a lack of workers. How terrible. Apparently, no one on this committee understands that Wisconsin’s partial eligibility formula for unemployment benefits encourages people who are collecting…
The Wisconsin state bar has announced its winners for pro bono attorney of the year award, and I am a co-winner with Rebecca Salawdeh in light of our separate work responding to the unemployment crisis in this state. This entire website describes my efforts on behalf of the unemployed. So, I do not need to say much more about what I have been doing. But, we all should hear about what Rebecca has been doing.…
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Claimants are not the only folks having trouble with unemployment. Many employers think that incorporation protects them from individual liability. Not so. In particular, for unpaid unemployment taxes there are specific provisions for holding an individual owner of a company (and others, see below) responsible and liable for unpaid unemployment taxes. Besides interest and penalties, the Department will work out payment plans, intercept tax refunds, place liens on property, revoke professional licenses, levy bank accounts,…
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The Joint Committee for Review of Administrative Rules met today and voted to immediately suspend the waiver of job search requirements and pandemic-related able and available provisions contained in EmR2106. Here is what claimants need to know. Four job search actions are required starting Sunday, May 23rd Starting Sunday, May 23rd, all claimants will need to do four job search actions every week. What are those actions? Notice that the Department now expects claimants…
On May 7th, Sen. Nass announced in a press release: The Department of Workforce Development has the power to end the emergency rule early on its own authority. Unfortunately, Governor Evers and his administration is ignoring the critical shortage of workers impacting almost every sector of the state’s economy. The legislature will act quickly to restore the work search requirement. * * * We need every able-bodied person to re-enter Wisconsin’s workforce to rebuild…
The Continued Assistance Act included a new documentation requirement for PUA claims. In my original post on the Continued Assistance Act, I explained: There is now an additional documentation requirement for PUA claims. Claimants will have to provide documentation regarding their employment, self-employment, or the job offer/work they were slated to start for any weeks PUA weeks for the week ending 1/2/2021 or later. New PUA claims filed on Jan. 31st or later will…
For the week ending 8 May 2021, the Department has added a new over-payment waivers FAQ. For this new over-payment waiver option, the Department will apply the equity and good conscience standard for the federally funded programs: PUC, LWA, MEUC, PEUC, and PUA. From the FAQ (as of 8 May 2021): Claimants who are eligible to apply for an overpayment waiver will receive a message in their Claimant Portal Message Center beginning April 28,…