Employment & Labor

On January 14, 2025, the Department of Labor (DOL) Wage and Hour Division (WHD) issued an opinion letter stating that employers are not permitted to require employees to use accrued employer-provided paid leave benefits during a designated Family and Medical Leave Act (FMLA) leave when the employee is also receiving benefits from a state or local family and medical leave program.

In the last few years, many states and localities have established paid family and medical leave programs that
Continue Reading Interplay Between FMLA and State or Local Family and Medical Leave Programs

Earlier this summer, Axley Attorneys published an update on a notable case in Wisconsin concerning a legal challenge to Act 10 pending in Dane County Circuit Court[1].  In that update, we reported on Judge Jacob Frost’s decision in Abbotsford Education Association v. Wis. Employment Relations Commission (WERC)[2], denying a motion for a preliminary injunction and finding that parts of Wisconsin’s Act 10 violate the equal protection guarantees of the state Constitution.  Although the July 3,
Continue Reading One Step Closer: An Update on the Constitutional Challenge to Wisconsin Act 10

On November 15, 2024, a federal judge for the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s (DOL’s) 2024 overtime rule (“Overtime Rule”). This decision came months after the Overtime Rule went into effect and the first increase to the salary requirement was implemented. Due to the delay in the ruling, many employers have already made changes to comply with the first increase and are left wondering what they should do now.
Continue Reading Judge Tosses DOL Overtime Increase – What Employers Should Be Considering and Other Wage & Hour Reminders

Navigating the ever-changing landscape of employment and business law is a constant challenge for business owners. Staying compliant isn’t just about avoiding legal pitfalls; it’s about fostering a fair and productive work environment that attracts and retains top talent. Illinois has seen significant legislative activity in this area, with several new laws taking effect or on the horizon. This post will provide a concise overview of these changes, equipping you with the knowledge you need to protect your business.
Continue Reading Illinois Employment Law Changes for 2025

Consider the following hypothetical: a veteran employee of a Wisconsin corporation with a spotless disciplinary record shows up to work, where he is required to take a random drug test. The test is pursuant to the corporation’s long-established drug use policy, which mandates immediate termination for employees who test positive for controlled substances without a valid prescription. The policy is applied evenly to all employees, and the tests are administered without bias or discrimination.

Although the employee states that
Continue Reading CBD, THC, and the Wisconsin Fair Employment Act

Telemedicine is changing the way workers’ compensation works by making it easier to get medical care. It helps solve common problems with workplace injury claims and benefits both workers and employers.
Better access to care
Telemedicine makes it easier for injured workers to see a doctor, especially if they live far away from medical centers. With video calls, workers can talk to doctors without needing to travel. This means faster diagnoses and quicker treatments, helping them recover sooner and
Continue Reading How Does Telemedicine Influence Workers’ Compensation Cases?

The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the November 2024 issue of the Capitol Connection.

In this issue:

Election 2024: State Legislature

After the implementation of new legislative maps, months of campaigning, heated rhetoric, a barrage of unsolicited text messages, and lots of junk mail, the 2024 election has concluded.

After the votes were tallied:

  • Democrats gained 10 seats in the Wisconsin Assembly
  • Republicans maintain


Continue Reading Capitol Connection, November 2024

Attorney Seep Paliwal presents on Generative AI from intellectual property law perspective
Attorney Seep Paliwal will give a Generative AI presentation to an audience of James E. Doyle American Inn of Court members on November 20, 2024. “Generative Artificial Intelligence: Its Pitfalls and Impact on Intellectual Property Law” will cover the risks, benefits, and reliability of Generative AI programs, address federal regulation and impending lawsuits, and warn of the likelihood for intellectual property infringement with use of these programs.
Continue Reading Attorney Seep Paliwal Gives Inns of Court Presentation on Generative Artificial Intelligence

In April 2024, the Department of Labor announced a final rule, entitled Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Executives, which aimed to increase the salary that employees must be paid, in addition to performing certain job duties, in order to be exempt from the payment of overtime. That rule had a multi-tiered implementation. First, on July 1, 2024, the salary necessary to qualify as exempt from overtime increased to $43,888 annually ($844 weekly).
Continue Reading Judge Blocks DOL Increase to Salary Thresholds for Exempt Workers

The U.S. Court of Appeals for the Seventh Circuit recently reversed a decision from the District Court for the Eastern District of Wisconsin, which had dismissed a Title VII employment discrimination complaint for failure to state a claim. The law underpinning the District Court’s decision had been overruled by the Supreme Court of the United States, resulting in the Seventh Circuit reversing the District Court. In its April 17, 2024, decision in Muldrow v. City of St. Louis, the
Continue Reading Seventh Circuit Enforces Supreme Court’s Landmark Overhaul of Standards for Title VII Employment Discrimination Claims

Late last week a federal district court in Texas struck down the Department of Labor (DOL) rule that was set to increase the salary thresholds again for exempt white-collar executive, professional and administrative employees (EAP) under the Fair Labor Standards Act (FLSA).  The court ruling not only impacts the salary increase scheduled to take effect on January 1, 2025, but also invalidates the prior salary increase that took effect in July, 2024.

In April 2024, the DOL passed a
Continue Reading Texas Court Strikes Down DOL Overtime Rule

On November 15, 2024, the U.S. District Court for the Eastern District of Texas granted summary judgement to the Plaintiffs in a case involving a challenge to the Department of Labor Rule (“DOL Rule”) which increased the “minimum weekly” salary level for exempt status under the Fair Labor Standards Act (“FLSA”). In the decision, the District Court enjoined the weekly pay rate increases for July 1, 2024 and January 1, 2025 on a nation-wide basis. This decision leaves the
Continue Reading Federal District Court Halts Nationwide DOL Rule Increasing Salary Minimum Threshold for Exempt Employees

Due to the high level of criteria and rigorous selection process utilized by Super Lawyers®, Lindner & Marsack, S.C. is proud to announce the inclusion of several of our attorneys to the 2024 Super Lawyers® and Rising Stars lists:
2024 Wisconsin Super Lawyers®—Employment Law – Management, Labor Law, and Litigation – Labor and Employment:
Oyvind Wistrom
Sally A. Piefer
2024 Wisconsin Super Lawyers®—Workers’ Compensation Law – Employers:
Andrew J. Quartaro
Chelsie D. Springstead
Daniel M. Pedriana
Douglas M. Feldman
Continue Reading Excellence in Practice: Super Lawyers® Lindner & Marsack, S.C. Attorneys Selected for 2024 List

Friday afternoon, Nov. 15, 2024, a federal judge in Texas struck down the Department of Labor’s (“Department’s”) overtime rule (“Overtime Rule”), finding that the Overtime Rule exceeded the Department’s authority and was unlawful.

In the Opinion, the court issued a vacatur which sets aside the rule and makes it no longer binding. This vacatur of the Overtime Rule reverts the state of the law back to the pre-Overtime Rule landscape, including reversing the increase that just took effect
Continue Reading Breaking News: Judge Tosses Overtime Increase

We are proud to announce that Lindner & Marsack S.C. has been recognized for our commitment to legal excellence in the 2025 edition of the Best Law Firms® rankings. This prestigious acknowledgment, independently produced by Best Lawyers, highlights our firm’s dedication to providing superior legal services across various practice areas.
The Best Law Firms® rankings are a crucial resource in the legal industry, offering a guide to the top-performing law firms across 127 practice areas and 188 jurisdictions. The
Continue Reading Lindner & Marsack S.C. Achieves Recognition in 2025 Best Law Firms® Rankings

For more than a decade, an increasing number of workers are finding that they have “agreed” to have all of their workplace disputes handled through arbitration proceedings.
Note: This “agreement” is often little more than a clause in small print in pages of paperwork that you sign with no discussion or even chance to review.
The problem is that this forced arbitration of a dispute is a one-time, private resolution. While the arbitrator is, in theory, a neutral decision-maker,
Continue Reading Forced arbitration for workers