Employment & Labor

Registration is now open for the 2026 Annual Conference of the National Workers’ Compensation Defense Network, taking place October 28–29 in historic Charleston.
As a founding member of NWCDN, Lindner & Marsack, S.C. is proud to continue supporting this national network of workers’ compensation defense firms. Attorney Chelsie Springstead currently serves as Treasurer of the organization and looks forward to welcoming attendees to this year’s conference.
The conference begins with a unique networking event aboard the historic USS
Continue Reading Register for the 2026 Annual NWCDN Conference

Two Stafford Rosenbaum attorneys present at LWM Municipal Attorneys Institute
Two attorneys at Stafford Rosenbaum will give separate presentations during the League of Wisconsin Municipalities’ 2026 Municipal Attorneys Institute Conference. Attorney Pam Ploor will present on employment law topics relating to FMLA leave and pregnancy and maternity accommodations on Thursday, June 18. Attorney Brian Sajdak will present, “Conform or Be Cast Out: The Unattractive Truth for Municipal Authority over Subdivisions” on Friday, June 19.
Both presentations are part
Continue Reading Attorneys Pam Ploor & Brian Sajdak Present for League of Wisconsin Municipalities

New DOJ Opinion Changes Hiring Discrimination Rules for U.S. Employers

DiscriminationA new legal opinion from the U.S. Department of Justice (DOJ) is reshaping how employment discrimination claims based on unequal outcomes may be handled. On June 9, 2026, the U.S. DOJ’s Office of Legal Counsel (OLC) issued a formal legal opinion concluding that the EEOC’s approach to disparate-impact liability is unconstitutional. While this theory of discrimination still exists, the opinion narrows it and raises the bar for employees who


Continue Reading New DOJ Opinion Changes Hiring Discrimination Rules for U.S. Employers

On June 4, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new National Enforcement Plan (NEP), effective immediately, replacing the Biden-era Strategic Enforcement Plan (SEP). The NEP realigns federal enforcement around the current administration’s priorities and signals a significant shift in how workplace discrimination claims will be investigated and litigated. For employers, the change reshapes where federal risk will change and diverge from state law obligations.EEOC Deprioritizes Disparate Impact
EEOCWhere the SEP prioritized adverse/disproportionate impact, the NEP (using
Continue Reading New EEOC Enforcement Plan Immediately Reshapes Employer Compliance Risks

If you’ve been hurt at work, your focus should be on getting better. But what happens if the best treatment isn’t in Wisconsin or you move out of state while your worker’s compensation claim is still open? This is where things can get complicated.

Many injured workers assume they can treat wherever they want. Others worry they’ll lose benefits entirely if they leave the state. The truth is somewhere in the middle
Out-of-State Treatment is not Automatically Compensable
Under
Continue Reading Can You Get Treatment in Another State for Your Wisconsin Work Injury? What You Need to Know About Out-of-State Medical Treatment for Worker’s Compensation Claims.

Artificial Intelligence (“AI”) is rapidly reshaping the way workplaces function, especially in health care. While AI offers meaningful opportunities to streamline employer processes and increase efficiency, its adoption is outpacing the development of legal standards and governance structures. Moreover, a patchwork of state and local laws that seemingly conflict with current federal policy further muddy the waters for employers attempting to assess and navigate the risks associated with AI use in the employment space.
AI’s Growing Role in Employment
Continue Reading Navigating AI in the Workforce Without Clear Legal Guardrails

Employers operating in Columbus, Ohio, have approximately six months left to prepare for a significant change in hiring practices.

Effective January 1, 2027, the City of Columbus will begin enforcing its pay transparency requirements under Ordinance 2898-2025, which will require covered employers to include a “reasonable salary range or scale” in employment postings.

While some employers may view this as a simple change to job advertisements, the reality is that pay transparency laws often expose broader compensation, equity, and
Continue Reading The Countdown to Columbus Pay Transparency: What Employers Should Be Doing Now

Employers that rely on transportation workers, delivery drivers, and gig drivers may face significantly increased litigation risk following a recent U.S. Supreme Court decision. In Flowers Foods v. Brock, the Court ruled that “last mile” local delivery drivers qualify for the Federal Arbitration Act’s exemption for “transportation workers engaged in interstate commerce,” even if the drivers do not cross state lines. As a result, some transportation workers and gig drivers now have the green light to pursue their disputes
Continue Reading ‘Last Mile’ Drivers Are NOT Covered by Mandatory Arbitration Agreements

On May 29, 2026, the IRS announced the Health Savings Account limits for 2027.  With respect to contribution limits, and reflecting the inflationary environment, the limits are higher than the ones for 2026 and the required deductible and out-of-pocket maximums have increased as well.  As a reminder, these inflation adjusted amounts are effective for calendar year 2027.

HSA/HDHP Requirement
Cost-of-Living Adjustments

Limit on HSA Contributions – Self-only HDHP

2026 – $4,400

2027 – $4,500

Limit on HSA Contributions –
Continue Reading 2027 HSA Limits Are Announced

On May 14, the Equal Employment Opportunity Commission (“EEOC”) submitted a proposal to the Office of Information and Regulatory Affairs (“OIRA”) seeking to rescind EEO-1 reporting requirements for all eligible employers, along with EEO-2, EEO-3, EEO-4, and EEO-5 data collection, and reporting requirements under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act.

EEO-1 reporting requirements obligate private employers with more than 100
Continue Reading Proposed EEOC Rule Signals Shift in Reporting Requirements

Although they may not realize it, even non-union employers face risk under the National Labor Relations Act. Everyday workplace decisions can trigger scrutiny and while the enforcement climate is shifting, the underlying risk remains. For employers, this is no longer a niche legal issue. It’s a legitimate business risk.

Business owners used to lose sleep over ordinary problems: rising costs, staffing shortages, difficult customers, and whether anyone in the office can operate the printer without filing a support ticket.
Continue Reading Inside the NLRB: What Non-Union Employers Need to Know About NLRA Risk in 2026

When a key employee takes FMLA leave under the federal Family and Medical Leave Act (FMLA), staying in touch may feel necessary to keep business operations running. But what many employers underestimate is that liability under the FMLA extends well beyond denying leave for an unlawful reason. It can arise from everyday decisions about communication, workload, and expectations during that leave.

Courts across the country continue to see a steady stream of litigation from employees who claim their employers


Continue Reading OOTO but Not Out of the Woods: Legal Risks for Employers During and After FMLA Leave

Note: You can find prior versions of these questions at this October 2020 post, which has the questions that existed as of September 2020.
The initial claim and weekly certification questions as of June 2022 are also available. The June 2007 weekly certification questions (all 11 of them) and the 2009 claimants’ handbook focused on how to answer those 11 questions are also available.

Here are the summer 2025 versions (with Spanish versions again available)


Continue Reading Claim-Filing Questions in Wisconsin as of the Summer of 2025

Wisconsin Act 29 is an important worker’s compensation law that makes it easier for certain first responders to bring PTSD claims. Before Act 29, Wisconsin law generally required employees with mental injury claims to prove that their PTSD or other psychological condition was caused by “unusual stress” beyond the ordinary stresses of the job. That standard was especially hard on firefighters and police officers, because even horrific events could be treated as “ordinary” parts of those professions. Act 29
Continue Reading How Does Wisconsin Act 29 Help Firefighters and Police Officers With PTSD Claims?

Memorial Day marks the start of summer for many people, and in addition to boating and barbecues, many employers start to think about summer hires. While many companies hire younger workers for seasonal staffing needs, they need to be aware that the employment of minors is a heavily regulated area.

Work Permits
Wisconsin requires work permits for minors under 16 (with limited exceptions such as agricultural work or employment in a parent’s business). The permit must be obtained before
Continue Reading Don’t Let Summer Hiring Create Liability: A Practical Guide to Employing Minors in Wisconsin

When a workplace injury occurs, the legal response often begins with worker’s compensation. But for both employers and employees, that is rarely the end of the story. As medical restrictions continue or evolve, the same set of facts can implicate worker’s compensation law, the ADA and Wisconsin Fair Employment Act (WFEA), and federal and state leave statutes at the same time. Understanding this overlap matters because the legal risks and the practical expectations look very different depending on which
Continue Reading Navigating Workplace Injury Obligations for Employers and Employees in Wisconsin