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New Unemployment Insurance Notice Requirements for Employers

October 22, 2020

Beginning November 2, 2020, Wisconsin employers must provide notice to employees about the availability of unemployment insurance benefits at the time of an employee’s separation from employment with the employer. The Wisconsin Department of Workforce Development (DWD) created the new notice requirement as a result of the Families First Coronavirus Response Act (FFCRA).

The Emergency Unemployment Insurance Stabilization and Access Act of 2020 allocates funds to states to provide additional unemployment insurance benefits to employees who lose a job because of the economic fallout of the COVID-19 pandemic. One condition of receiving those funds is that states must require “employers to provide notification of the availability of unemployment compensation to employees at the time of separation from employment.” FFCRA Pub. L. No. 116-127, § 4102(a) (amending 42 U.S.C. § 1103). DWD’s new notification rule aims to satisfy that requirement.

The DWD’s new notification rule requires employers to display a poster containing the relevant notice language on bulletin boards, near time clocks, or wherever employers post other employment law posters. Employers operating without a physical office location, or those who have employees working remotely, must share the poster directly with each employee and/or display the poster on the employer’s website. Employers may download a printable version of the poster from the DWD’s website. The DWD encourages employers to add the employer’s unemployment insurance account number, the employer’s legal name, and the employer’s primary address to the poster so employees have all the necessary employer information when filing for unemployment insurance benefits.

In addition to displaying the poster, employers must also notify employees of the availability of unemployment insurance benefits at the time of separation from employment. The DWD website provides sample language for employers to use when providing the required notice to affected employees. Employers must provide the notice language when communicating any employee termination.

The DWD suggests using the following notice language:

Applying for Unemployment Benefits --
You may file an unemployment claim in the first week that your employment stops or your work hours are reduced.

See digital poster for when and how to apply for unemployment benefits (En Español | Txhais lus Hmoob) (https://dwd.wi.gov/eworkboard)

Other unemployment resources:

For help using online unemployment services or if you are unable to go online call (414) 435-7069 or toll-free (844) 910-3661 during business hours.

The notice must be provided regardless of whether the employee meets the eligibility requirements for unemployment insurance. However, it is important to remember that providing the notice to an employee does not guarantee that the employee is eligible for unemployment insurance benefits.

For questions regarding this article, please contact the author, Attorney J.J. Hermes (email: jjhermes@strangpatteson.com; telephone: 833-654-1178), or your Strang, Patteson, Renning, Lewis & Lacy, s.c., attorney.

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We are pleased to announce that the following attorneys have been named to the 2021 Edition of ๐—ง๐—ต๐—ฒ ๐—•๐—ฒ๐˜€๐˜ ๐—Ÿ๐—ฎ๐˜„๐˜†๐—ฒ๐—ฟ๐˜€ ๐—ถ๐—ป ๐—”๐—บ๐—ฒ๐—ฟ๐—ถ๐—ฐ๐—ฎ, the oldest and most respected peer-review publication in the legal profession:
๐—ž๐—ถ๐—ฟ๐—ธ ๐——. ๐—ฆ๐˜๐—ฟ๐—ฎ๐—ป๐—ด, Education Law; Labor Law-Management
๐—š๐—ฒ๐—ผ๐—ณ๐—ณ๐—ฟ๐—ฒ๐˜† ๐—”. ๐—Ÿ๐—ฎ๐—ฐ๐˜†, Employment Law-Management; Immigration Law; Labor Law-Management
๐—ฆ๐—ต๐—ฎ๐—ป๐—ฎ ๐—ฅ. ๐—Ÿ๐—ฒ๐˜„๐—ถ๐˜€, Education Law; Employment Law-Management; Labor Law-Management; Litigation-Labor and Employment
๐—ฆ๐—ต๐—ฎ๐—ป๐—ฎ ๐—ฅ. ๐—Ÿ๐—ฒ๐˜„๐—ถ๐˜€ has also been recognized as 2021 Lawyer of the Year for her work in Employment Law – Management in Green Bay

Jenna Rousseau will be presenting on Compliance with Wage and Hour Laws in the Assisted Living Industry at the Wisconsin Department of Health Services, Division of Quality Assurance, FOCUS 2020 Virtual Program in November.

On October 28, 2020, Attorney Shana Lewis will present Working with Struggling Employees for the Fall Webinar Series presented by the Wisconsin Association of School Personnel Administrators (WASPA).

On October 16, 2020, Attorney Shana Lewis will present The Foundations of Unemployment Insurance (Compensation) Laws for Wisconsin Public School Districts  at the 2020 Fall Conference for the Wisconsin Association of School Business Officials (WASBO).

On October 2, 2020, Attorney Shana Lewis will present Title IX of the Education Amendments of 1972: New Court Interpretations and New Regulations Create Significant Changes for Public Schools at the 2020 Fall Conference for the Wisconsin Association of School Superintendent Assistants (WASSA).

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