Employment & Labor

Stafford Rosenbaum Government and Municipal Law Attorney Derek Punches Authors “Exploring Municipal Regulation of ATVs and UTVs” for The Municipality Magazine
Attorney Derek Punches wrote an article for The Municipality magazine’s November 2023 issue, focusing on the regulation of all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs). “Exploring Municipal Regulation of ATVs and UTVs” is aimed at helping municipalities consider the potential economic benefits and enhanced recreational opportunities that ATVs and UTVs may bring while also helping
Continue Reading Attorney Derek Punches Authors ATV and UTV Regulation Article for The Municipality Magazine

On October 25, 2023, 2023 Act 34 became effective. Act 34 amends the statutory prohibition to negotiating health care plan design and selection between public sector employers and labor representatives of police, fire, and EMS unions. Specifically, the law amends Wisconsin Statute §111.70(4)(mc)6 in the following manner:

SECTION 1. 111.70 (4) (mc) 6. of the statutes is amended to read: 111.70 (4) (mc) 6. Except for whether or not to provide health care coverage and the employee premium contribution,
Continue Reading Legislature Amends Law Permitting Collective Bargaining Negotiations on Health Care

This year has seen a substantial increase in the number of class action lawsuits filed against employers under the Illinois Genetic Information Privacy Act (GIPA). More than 20 suits have been filed this year, a stark contrast to zero filed in 2022 and only two in 2021.

Like its federal counterpart the Genetic Information Nondiscrimination Act (GINA), GIPA prohibits employers, and agents acting on their behalf, from “directly or indirectly” soliciting, requesting, requiring or purchasing genetic information from a
Continue Reading Surge in Class Actions Under the Illinois Genetic Information Privacy Act

Workplace violence can happen in any industry, but some workers face this type of treatment far more often than others. American nurses are among those who are likely to encounter violence on the job, and incidents of violence directed towards nurses have surged in recent years, making it imperative to address and resolve this issue.

Violence against nurses has a significant impact on the physical and emotional well-being of these professionals. It also compromises their ability to provide quality
Continue Reading Violence Against Nurses an Ongoing Problem in Health Care

According to the U.S. Bureau of Labor Statistics, Wisconsin had 61,200 nonfatal workplace injury reports in 2021. When you are navigating a worker’s compensation case, organizing your medical records is an important step.

These records provide essential documentation of your injury, treatment, and recovery process. Proper organization not only helps you keep track of your medical history but also ensures that you have the necessary evidence to support your case.
Collect all relevant records
Start by gathering all medical
Continue Reading Organizing your medical records for workers’ compensation

By Attorneys Jason Luczak and Nicole Masnica
Embezzlement is a serious white collar crime that involves the misappropriation or theft of funds entrusted to someone’s care. This offense can refer to situations where an employee is accused of stealing money or assets from their employer. In Wisconsin, embezzlement accusations can lead to charges of theft or other criminal offenses. Those who have been accused of embezzlement can work with an attorney to determine their best options for defense.

Criminal
Continue Reading When Can an Employee Be Charged with Embezzlement?

In today’s interconnected world, how to protect vital business assets such as key employees and confidential information is top of mind for businesses. Tools such as non-solicitation, non-compete and non-disclosure agreements are utilized as a method of protection for businesses. However, the changing legal landscape related to non-compete provisions has made it essential to be diligent about what tools you use and how you use them to properly protect your business.

What is a Non-Compete Provision?

Non-compete provisions are
Continue Reading Evaluate the Risks When Using Non-Competes

In its decision in Cemex Construction Materials1 (now on appeal), the National Labor Relations Board (NLRB) abandoned 50 years of precedent and made it decidedly easier for unions to establish majority support without conducting a Board-supervised secret-ballot election. The Board’s new approach, if upheld, likely will result in fewer secret-ballot elections, thus depriving employees of the opportunity to express their true beliefs regarding union representation in the sanctity of the voting booth. The Concept of Majority Support An employer
Continue Reading Does the NLRB Really Favor Secret-ballot Elections?

As OG+S’s attorney licensed in Minnesota and on the heels of last week’s post about the FTC proposed rule related to non-compete clauses, I figured I should cover recent changes in Minnesota law related to non-compete agreements. If you are looking for some helpful context about non-competes, Collin’s post provides helpful context. For agreements entered into on or after July 1, 2023, Minnesota law deems non-compete clauses generally void and unenforceable. This generally includes any agreement between an “employer”
Continue Reading Minnesota and Non-Competes

Introduction: If you’re a small business owner, you’ve likely heard about the proposed rule by the Federal Trade Commission (FTC) to ban non-compete clauses. You might be wondering what this means for your business and what you should do if the rule becomes law. Let’s break it down.

Understanding Non-Compete Clauses: Non-compete clauses are those provisions in employment agreements that seek to prevent employees from working for a competitor or starting a similar business after leaving your company. This
Continue Reading Proposed FTC Rule on Non-Competition Clauses

Those keeping an eye on the Wisconsin Supreme Court know that it’s been in the news a bit over the last month. But in this column, we look past the internal politics of the court and review the civil cases currently pending before it, paying special attention to those affecting civil practitioners in Wisconsin. The court kicks off its 2023–24 term with a relatively light September oral argument calendar, featuring just two civil cases. Constitutional rights and tax
Continue Reading Wisconsin Supreme Court Update: September 2023

At the onset of the COVID-19 pandemic in 2020, many employees around Wisconsin transitioned from a traditional office setting to working remotely from home. Since then, new questions have been raised by workers regarding which at-home injuries might be covered under the Worker’s Compensation Act.

The short answer is that most at-home injuries suffered in the course of an employee’s job duties are covered under the Worker’s Compensation Act. However, workers’ compensation insurers can be quick to deny at-home
Continue Reading Worker’s Compensation in the Work-from-Home Era

The National Labor Relations Board (NRLB) has changed the dynamic in union organizing efforts by shifting responsibility to the employer to seek a representation election if the Union provides the employer with representation cards from a majority of the employees. In a recent decision, the Board created a new dynamic for organizing. Rather than requiring the Union to file for an election if the employer doubts the majority of the employees desire a union, now it is the responsibility
Continue Reading NLRB Adopts New Framework for Union Representation Proceedings

Lindner & Marsack, S.C., one of the region’s most respected and long-standing management-side labor, employment and worker’s compensation defense firms, today announced several team members honored among the Best Lawyers in America® in the upcoming 2024 edition.
Attorneys recognized include:


Continue Reading LINDNER & MARSACK, S.C., ANNOUNCES TEAM MEMBERS HONORED AS 2024 BEST LAWYERS

In its August 25, 2023, decision, the National Labor Relations Board (“NLRB” or “Board”) paved the way for a union to represent employees without a formal vote. Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130.

The case involved Cemex, a multinational construction materials company, and the Teamsters, who were seeking to organize a bargaining unit consisting of Cemex’s ready-mix drivers. A majority of Cemex’s ready-mix drivers signed authorization cards signaling their desire for the Teamsters to serve as
Continue Reading NLRB Makes It Easier to Unionize Your Business

This article was originally published in
Boardman Clark’s labor and employment blog, “Head’s Up,” and is published here with permission. The Wisconsin Fair Employment Act (WFEA) prohibits covered employers from discriminating against employees based on disability. Failing or refusing to reasonably accommodate an individual with a known disability is a form of disability discrimination. Disabilities are not always obvious, and it can be tricky to recognize when employees are making requests for accommodations. Employees are not required to use
Continue Reading Court Clarifies When Employer Accommodation Obligation Occurs