By: Sally A. Piefer / August 21, 2024
As we indicated in our April 2024 E-Alert, earlier this year the FTC issued a Final Rule which would have made nearly all non-compete agreements unenforceable. The Final Rule was slated to go into effect on September 4, 2024. In addition to making most non-competes illegal, the Final Rule required employers to provide written notice to employees who were subject to the offending non-compete agreements.
Almost immediately lawsuits were filed
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Lindner & Marsack, S.C., Announces 2025 Best Lawyers Designations
Lindner & Marsack, S.C., a leading management-side labor, employment, and worker’s compensation defense firm, is proud to announce that several of its attorneys have been recognized by Super Lawyers magazine and Best Lawyers in America for 2025. These distinctions highlight the exceptional work and dedication our team brings to supporting employers throughout Wisconsin and beyond.
The attorneys recognized in this year’s Best Lawyers lists include:
Douglas M. Feldman: Workers’ Compensation Law – Employers
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Daniel J.
Continue Reading Lindner & Marsack, S.C., Announces 2025 Best Lawyers Designations
Lindner & Marsack, S.C., Announces 2025 Super Lawyers and Best Lawyers Designations
Lindner & Marsack, S.C., a leading management-side labor, employment, and worker’s compensation defense firm, is proud to announce that several of its attorneys have been recognized by Super Lawyers magazine and Best Lawyers in America for 2025. These distinctions highlight the exceptional work and dedication our team brings to supporting employers throughout Wisconsin and beyond.
The attorneys recognized in this year’s Super Lawyers and Best Lawyers lists include:
Douglas M. Feldman: Workers’ Compensation Law – Employers
View Profile
Continue Reading Lindner & Marsack, S.C., Announces 2025 Super Lawyers and Best Lawyers Designations
Wisconsin Worker’s Compensation Forum Registration Now Open!
Please join us for the 2024 Wisconsin Worker’s Compensation Forum on October 2 and 3, 2024, at the Brookfield Conference Center. In addition to programming, the event offers networking opportunities, an exhibitor hall, attendee giveaways, and the popular happy hours!
Lindner & Marsack is one of the founding members of the Wisconsin Worker’s Forum and our own Chelsie Springstead sits on the Forum Board.
If you are unable to attend in person, a virtual option will
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Employers Must Comply with Final Overtime Rule as of July 1, 2024
As we previously reported, on April 23, 2024, the Department of Labor (DOL) issued an updated final overtime rule, which raised the annual salary required for executive, administrative and professional (“EAP”) employees and highly compensated employees (“HCE”) to be exempt from overtime under the Fair Labor Standards Act (FLSA).
Despite several legal challenges, the rule goes into effect on July 1, 2024 for every employer except the State of Texas. On Friday, June 28, 2024, the State of Texas
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Supporting Community: Our Attorneys Join MIAA Golf Outing to Benefit Family Promise
On June 21st, some of our attorneys went to the MIAA Golf Outing, which ultimately donated a total of $700.00 to an organization called Family Promise – https://www.familypromisewaukeshawi.org/. Their mission is to help low-income families and families experiencing homelessness achieve sustainable independence through a community-based response.
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Department of Labor (DOL) Issues its Final Overtime Rule
On April 23, 2024, the Department of Labor (DOL) issued its final overtime rule, which raised the annual salary required for certain employees to be exempt from overtime under the Fair Labor Standards Act (FLSA). While this rule will likely face legal challenges, it is scheduled to go into effect on July 1, 2024.
As a general rule, unless certain exemptions apply, employees who work more than forty (40) hours in a workweek must be paid overtime. This new
Continue Reading Department of Labor (DOL) Issues its Final Overtime Rule
FTC Issues Final Rule Banning Employment-Related Non-Compete Agreements. What’s Next?
Non-compete and non-solicitation agreements are relatively commonplace in the employment context. However, these agreements have been under increasing attack by state legislatures across the country. Shortly after President Biden took office, he issued an Executive Order on Promoting Competition in the American Economy and encouraged the Federal Trade Commission (FTC) to ban or limit non-compete agreements.
The FTC stated in a virtual workshop on competition later that year that it believed non-competes constitute an unfair method of competition. Last
Continue Reading FTC Issues Final Rule Banning Employment-Related Non-Compete Agreements. What’s Next?
EEOC Guidance on How to Navigate the Pregnant Workers Fairness Act
April 24, 2024
On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023. The regulation will go into effect on June 18, 2024.
By way of background, the PWFA requires covered employers to provide a “reasonable accommodation” to a qualified employees’ or applicants’ known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical
Continue Reading EEOC Guidance on How to Navigate the Pregnant Workers Fairness Act
SCOTUS Eases the Standard for Proving a Discriminatory Job Transfer under Title VII
Earlier this week, the U.S. Supreme Court resolved a split in the circuits as to whether an employee is required to show a “significant” injury or harm in connection with a job transfer to meet the threshold for proving an adverse employment action under Title VII of the Civil Rights Act of 1964. The Court rejected the “significant” injury standard, and adopted a new standard that only requires an employee who is involuntarily transferred from one position to another
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LINDNER & MARSACK, S.C., WELCOMES SEAN LEES TO GROWING LABOR & EMPLOYMENT LAW TEAM
Lindner & Marsack, S.C., one of the region’s most respected and long-standing management-side labor and employment law firms, announced today that Sean Lees has joined the firm. Lees will practice out of Lindner & Marsack’s Milwaukee office.
Lees will focus on a broad range of labor and employment law matters for clients. Most recently, he headed the labor law division at MacGillis Wiemer, LLC, and also served as labor relations advisor for major health care provider Ascension. Lees received
Continue Reading LINDNER & MARSACK, S.C., WELCOMES SEAN LEES TO GROWING LABOR & EMPLOYMENT LAW TEAM
Wisconsin Worker’s Compensation Advisory Council Calls for Department of Hearings and Appeals to End ‘Hold Open’ Practice
Recently the Wisconsin Worker’s Compensation Advisory Council (WCAC), which includes representatives from both Labor and Management, voted to approve two separate bills that include potentially significant changes to the Worker’s Compensation Act of Wisconsin (Chapter 102), including the administration of the Act.
The primary objectives of the proposed provisions are split between the two bills so as to increase the chances that at least some of the provisions are eventually adopted and signed into law.
I. First Proposed Bill
Continue Reading Wisconsin Worker’s Compensation Advisory Council Calls for Department of Hearings and Appeals to End ‘Hold Open’ Practice
LINDNER & MARSACK, S.C., ANNOUNCES 2023 SUPER LAWYERS DESIGNATIONS
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 team members recognized by Super Lawyers magazine in their annual rankings. Honorees include Douglas Feldman, Gary Marsack, Daniel Pedriana, Sally Piefer, Andrew Quartaro and Oyvind Wistrom, along with Tyler Hall and Samantha Wood who were named by the organization as “Rising Stars.” This year marks the first appearance on the list for both Piefer and Hall.
“Our primary
Continue Reading LINDNER & MARSACK, S.C., ANNOUNCES 2023 SUPER LAWYERS DESIGNATIONS
LINDNER & MARSACK, S.C., ANNOUNCES TEAM MEMBERS HONORED AS 2024 BEST LAWYERS
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:
- Douglas M. Feldman – Workers’ Compensation Law – Employers
- Daniel J. Finerty – Appellate Practice
- Kristofor L. Hanson – Employment Law – Management and Labor Law – Management
- Laurie A. Petersen – Employment Law – Management
- Jonathan T. Swain
Continue Reading LINDNER & MARSACK, S.C., ANNOUNCES TEAM MEMBERS HONORED AS 2024 BEST LAWYERS
NLRB Makes It Easier to Unionize Your Business
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
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Worker-Friendly NLRB Changes Employer Work Rule Standard
On August 2, 2023, the National Labor Relations Board adopted a new standard for analyzing the legality of facially neutral work rules that do not expressly restrict employees’ rights to engage in protected concerted activity under Section 7 of the National Labor Relations Act (“NLRA”). In Stericycle Inc., 372 NLRB No. 113, the Board overruled the legal framework established by the Board in Boeing Co., 365 NLRB No. 154 (2017), later clarified in LA Specialty Produce Co., 368 NLRB
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