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The use of artificial intelligence in candidate screening and hiring processes has been a “hot” employment issue for the past several years. This is driven, in part, by the rapid and widespread adoption of these tools by employers: in March 2025, a Forbes article declared that “[t]he world is on the verge of a seismic shift in how talent is hired, one that will redefine the fabric of work itself.” That same article included Gallup survey statistics showing that,…
Continue Reading Legal Challenges to AI in Hiring: FCRA Has Entered the Chat

If U.S. employment laws feel impossible to keep up with, you’re not imagining things.

Between federal, state, and local laws and shifting agency guidance, even well-intentioned employers can find themselves in violation of labor and employment laws without realizing it.

You probably can’t fix the system, but you can protect your business from unnecessary risk and expense. The key is investing in prevention, empowering the right people, and acting decisively before small issues escalate.
Why U.S. Employment Law Is

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Continue Reading Why U.S. Employment Law Is So Frustrating – and What Employers Can Do About It

There’s a quiet moment in many people’s cancer journeys when you realize that pushing through at work isn’t sustainable. You may still get out of bed, still attend appointments, but your energy, focus, and endurance are no longer what they used to be. Fatigue sets in earlier than expected, mental fog lingers after treatment, and even small tasks feel overwhelming. And then the practical question arises: Can I continue working under these conditions?

For many, that question quickly leads…
Continue Reading When Work Becomes Impossible: A Guide to Navigating Long-Term Disability While Living with Cancer

The FFY 2027 IPPS Proposed Rule (“Proposed Rule”) was released on April 10, 2026, and CMS published the associated tables on its Proposed Rule homepage. The Proposed Rule is expected to be published in the Federal Register on April 14.

The release of the Proposed Rule and the accompanying tables triggers the start of several deadlines for hospitals, including the unofficial start of the Medicare Geographic Classification Review Board (“MGCRB”) application process. Hospitals should conduct a preliminary review…
Continue Reading CMS Releases FFY 2027 IPPS Proposed Rule; Wage Index Deadlines

After input from stakeholders including management, labor, insurers, medical professionals, attorneys and the DWD, Wisconsin has enacted 2025 Wisconsin Act 145, which introduces significant procedural and substantive updates to the Worker’s Compensation Act.

The Act went into effect April 1, 2026, with specific applicability rules for pending claims.  The most notable changes are as follows:

  • Permanent Partial Disability (PPD) Rate Increases and “Stacking”

    • The Act continues the trend of incremental increases to the maximum PPD weekly rate.

    Injury Date…
    Continue Reading Legal Alert: 2025 Wisconsin Act 145 Key Changes to the Worker’s Compensation Act

    Wisconsin employers, insurers and claims professionals should take note of substantial amendments to the Worker’s Compensation Act under 2025 Wisconsin Act 145. Effective April 1, 2026, the Act revises benefit levels, hearing procedure, evidentiary rules, settlement administration, supplemental benefits, PTSD coverage and enforcement provisions relating to insurance compliance.

    Among the Act’s immediate monetary changes, the maximum weekly permanent partial disability rate increases to $454 for injuries occurring on and after April 1, 2026, and to $462 for injuries occurring…
    Continue Reading Wisconsin Act 145 Brings Significant Changes to the Worker’s Compensation Act

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    When AI Provides Courtroom Expertise
    Artificial Intelligence is a hot topic in every field, but, too often, when it comes to the legal system, it is lawyers’ and judges’ struggles with AI that make news, time after time. But while everyone is talking about “hallucinated” case citations, some are focusing on the other ways AI is entering the courtroom. For decades, expert evidence has required a human witness—a physician, engineer, accountant, or other specialist applying…
    Continue Reading When the ‘Expert’ Is an Algorithm

    The Ninth Circuit has warned employers that introducing a mandatory arbitration agreement during active class litigation, particularly when done through poor or misleading communication, can invalidate the agreement entirely.

    In Avery v. TEKsystems, decided January 28, 2026, the court affirmed a district court order refusing to enforce an arbitration policy introduced late in the lawsuit.

    The court found that the communications used to roll it out were misleading, one-sided, and fundamentally subverted the class action process.
    TEKsystems’s Arbitration Agreement…
    Continue Reading Employers Beware: Courts Are Scrutinizing Mid-Lawsuit Arbitration Agreements

    Under Wisconsin law, employees must first be the victim of identity theft or other concrete, imminent harm to have standing to sue employer for data breach. Mere risk of future data misuse is not enough to establish standing.

    Business owners and executives are well aware of the risk of data breaches given the proliferation over the past decade or so. Many times we think of data breaches in terms of customer information only. What is often less pondered is

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    Continue Reading Wisconsin Signals Limitations on Employer Liability for Employee Data Breaches

    We’re proud to share that Lindner & Marsack’s Workers’ Compensation Attorney, Chelsie D. Springstead, is serving as President of the Board of Directors for Kids’ Chance of Wisconsin.
    Their Annual Workers’ Compensation Conference is an important event that supports the educational dreams of children of injured workers while bringing together professionals across the workers’ compensation community to connect, learn, and give back.
    May 21, 2026 | Brookfield Conference Center, Brookfield, WI
    Register here: https://www.eventbrite.com/e/2026-kids-chance-of-wisconsin-annual-workers-compensation-conference-registration-1985450333394
    Learn more about
    Continue Reading Kid’s Chance of Wisconsin Annual Workers’ Compensation Conference

    Most worker’s compensation claims in Wisconsin are resolved without the need for a hearing. In many cases, the insurance company accepts the claim and simply pays the benefits that are owed. However, worker’s compensation cases often involve complex medical and legal questions, and the insurance company may take a different position about what benefits are owed. In some cases, the insurance company denies a claim but the parties are able to reach a settlement to resolve the case. If…
    Continue Reading What to Expect at a Wisconsin Worker’s Compensation Hearing

    Employees who need to take time off from work due to a medical condition often find themselves confused about the various types of leave available to them. With a whole array of different acronyms (FMLA, STD, LTD, PTO, LWOP, etc.) swirling around HR documents, approvals or denials from leave administrators, and seemingly contradictory communications from different sources, it’s very easy to feel totally overwhelmed and lost at a time when you are already experiencing some stressful health-related life event.
    Continue Reading What is the Difference between FMLA and STD/LTD Leave?

    Navigating the Risks of Artificial Intelligence in the Workplace: Key Takeaways for Employers

    With AI transforming everyday HR operations comes major opportunities and significant risks for employers.  As these tools become more embedded in workplace decision‑making, they also raise serious concerns about fairness, accountability, and legal exposure. Understanding how AI works and where it can go wrong is now essential for any employer using or considering these technologies.
    Our recent webcast explored these developments and offered practical guidance for

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    Continue Reading Navigating the Risks of Artificial Intelligence in the Workplace: Key
    Takeaways for Employers

    Peer review investigations are a cornerstone of medical staff oversight. They protect patient safety, uphold professional standards and ensure compliance with federal law, state law and accreditation requirements. When concerns arise about a practitioner’s clinical competence or professional conduct, the process must be deliberate, fair and well-documented. Below are key considerations for conducting an effective investigation.
    Key Points
    Corrective Action vs. Routine Review

    Corrective action is not routine review—it is a formal process triggered by concerns about clinical performance…
    Continue Reading Conducting Effective Peer Review Investigations

    The Tenth Circuit recently issued two companion decisions confirming the Occupational Safety and Health Administration’s (“OSHA”) authority to cite employers for workplace violence hazards under the General Duty Clause of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(1) (“General Duty Clause”). In both cases, the Tenth Circuit upheld OSHA’s enforcement actions and the citations issued in connection with workplace violence incidents in a psychiatric hospital.
    Case Background
    Both cases stem from OSHA’s investigation into a psychiatric hospital…
    Continue Reading Tenth Circuit Affirms OSHA Authority to Cite Health Care Employers for Workplace Violence Incidents Under the General Duty Clause

    Among a company’s most valuable assets is its intellectual property (IP). Though often intangible, IP—innovations, concepts, designs, processes, and more—offers companies a competitive edge in the marketplace. Protecting these assets is essential for safeguarding revenue, accelerating growth, and preventing competitors from gaining an unfair advantage—and your employees can be an inside threat.

    During our recent webcast, we examined how employment practices intersect with IP protection and what employers need to keep in mind. Key insights from this presentation include:…
    Continue Reading Managing IP Risks Through the Employment Lifecycle