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Latest from Lindner & Marsack, S.C.

Kids’ Chance of Wisconsin is celebrating its 10 year anniversary with a charity gala at Westmoor Country Club on Saturday, September 24, 2022. Kids’ Chance is a non-profit organization that provides scholarships to children of seriously injured workers in Wisconsin.
Chelsie Springstead is a Kids’ Chance of Wisconsin Board Member and Doug Feldman is a Past President and current Ambassador. Doug will be acting as a Live Auctioneer for the evening. In addition, Pat Connaughton of the Milwaukee Bucks
Continue Reading PLEASE JOIN US FOR THE 10 YEAR ANNIVERSARY CHARITY GALA FOR KIDS’ CHANCE OF WISCONSIN

Lindner & Marsack, S.C., announced today that Alexandra (Sasha) Chepov and Justin Schuessler have joined the firm. Both attorneys will practice out of Lindner & Marsack’s Milwaukee headquarters.
A recent graduate of Marquette University Law School, Chepov has been serving as a law clerk with Lindner & Marsack since January. As an Associate Attorney, her practice is dedicated to providing employers with legal advice and rigorous representation in labor and employment litigation matters including wage and hour (FLSA), employment
Continue Reading LINDNER & MARSACK, S.C., WELCOMES JUSTIN SCHUESSLER AND ALEXANDRA CHEPOV TO GROWING TEAM OF LABOR & EMPLOYMENT ATTORNEYS

On April 8, 2022, Governor Evers signed into law 2021 Wisconsin Act 232 (The Act). The Act, sponsored by the bipartisan House Labor and Integrated Employment Committee, was passed to increase weekly permanent partial disability (PPD) benefits in addition to changing the way that the average weekly wage (AWW) for part-time employees is calculated.

Wisconsin has not raised the weekly PPD benefit rate since 2017. The Act changes the weekly PPD benefit to $415.00 for injuries occurring on or
Continue Reading New Wisconsin Law Affects Worker’s Compensation Benefits

By: Kristofor Hanson

In a new memorandum published today, National Labor Relations Board (the “Board”) General Counsel, Jennifer Abruzzo, stated aloud what many had thought would be a goal of the newly appointed chief lawyer for the agency, challenging an employer’s ability to require employees to attend meetings during a union organizing campaign.

In so doing, Abruzzo has asked the Board to reconsider its precedent and find that mandatory meetings – often referred to as “captive audience” meetings –
Continue Reading NLRB General Counsel Announces Challenge to Employer Rights During Union Organizing Campaigns

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 that Attorney Sally Piefer has been recognized as a 2021 Notable Women in the Law, an annual showcase of top female attorneys in the region by BizTimes Milwaukee.
“Sally embodies all the professional skills and personal traits that define a top-notch attorney, colleague and role model,” said Oyvind Wistrom, President of Lindner & Marsack. “Her work and
Continue Reading SALLY PIEFER HONORED AMONG “2021 NOTABLE WOMEN IN THE LAW” BY BIZTIMES MILWAUKEE

As you know, in early November, OSHA announced an emergency temporary standard (“ETS”) which affects employers with 100 or more employees. The ETS directs these covered employers to develop, implement, and enforce a written mandatory COVID-19 vaccination policy—or to adopt a written policy requiring employees to either choose to be vaccinated or to be tested regularly and wear a face covering at work.

The ETS was immediately challenged, and within a few days, the ETS was halted nation-wide by
Continue Reading OSHA’s Vaccine or Test Rule Remains in Limbo Following Arguments before the U.S. Supreme Court

By Sally A. Piefer
In early November, the Biden administration announced additional steps it was taking to battle the COVID-19 pandemic. The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced a new emergency temporary standard (“ETS”) which it claimed would “protect more than 84 million workers from the spread of the coronavirus on the job.”
Under this ETS, employers with 100 or more employees (as of November 4, 2021) were directed to develop, implement, and enforce a written
Continue Reading OSHA’s VACCINE OR TEST RULE IS BACK IN PLAY

Lindner & Marsack, S.C., announced today that Attorney Samuel Draver has joined the firm as an Associate on their Worker’s Compensation Defense team. Draver will split his time between the Milwaukee and Madison offices of Lindner & Marsack.
Prior to joining Lindner & Marsack, Draver worked for other Milwaukee law firms in the areas of worker’s compensation defense, labor law and personal injury.
“Sam will be a great asset to our widely recognized worker’s compensation defense practice,” says Firm
Continue Reading LINDNER & MARSACK, S.C., WELCOMES ATTORNEY SAMUEL DRAVER TO WORKER’S COMPENSATION DEFENSE TEAM

By: David Keating
Throughout the pandemic, the Equal Employment Opportunity Commission (“EEOC”) has continuously updated its COVID-19 Guidance to provide employers with assistance on issues arising under the antidiscrimination laws that it enforces.  Yesterday, the EEOC added a new section to clarify under what circumstances COVID-19 may be considered a disability under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act of 1973.
EEOC’s new questions and answers focus broadly on COVID-19 and the definition of disability under
Continue Reading EEOC EXPANDS ITS COVID-19 GUIDANCE CLARIFYING WHEN COVID-19 MAY BE A DISABILITY

On December 2, President Biden announced a nine-point action plan to combat COVID-19 as the United States heads into the winter months and with the emergence of a new variant, Omicron.  One of the actions announced calls for the Departments of Health and Human Services, Labor and the Treasury to issue guidance by January 15, 2022 to clarify that individuals who purchase over-the-counter COVID-19 at-home diagnostic tests may seek reimbursement from their group health plan or health insurance issuer
Continue Reading At-Home COVID-19 Tests Soon to be Covered by Employer Health Plans

By Sally A. Piefer

November 23, 2021

As we previously reported, on November 4th, OSHA released its emergency temporary standard (“ETS”) which requires employers with 100 or more employees to develop, implement, and enforce a written mandatory COVID-19 vaccination policy. Alternatively, covered employers may adopt a written policy requiring employees to either choose to be vaccinated or undergo regular testing and wear a face covering at work.

The ETS gave employers until December 5, 2021 to do the following:
Continue Reading Update on OSHA’s Mandatory Vaccine Rule: What Should Employers Do?

Lindner & Marsack, S.C., today announced four attorneys acknowledged by Super Lawyers magazine. Honorees include Douglas Feldman, Gary Marsack, Daniel Pedriana and Oyvind Wistrom. Feldman and Wistrom were also named as Best Lawyers by U.S. News & World Report, along with Daniel Finerty and Jonathan Swain.
“While this recognition rightly highlights the accomplishments of several individual attorneys, it also is a testament to the dedication and quality of work provided by our entire team as we help
Continue Reading LINDNER & MARSACK, S.C., ANNOUNCES 2021 SUPER LAWYER AND BEST LAWYER DESIGNATIONS

By Sally A. Piefer
Last week, OSHA released its mandatory vaccine emergency temporary standard (ETS), which would require employers with 100 or more employees to implement a mandatory vaccine requirement for their workers, or alternatively to give employees the choice between receiving the COVID-19 vaccine or being subject to mandatory weekly testing.
As we anticipated, a number of lawsuits were filed across the nation seeking to invalidate the ETS. One of those lawsuits was filed in the Fifth Circuit
Continue Reading OSHA’s Mandatory Vaccine Rule Paused

By Tyler J. Hall
On Thursday, November 4, 2021, the Biden administration, officially announced additional steps it is taking to battle the COVID-19 pandemic, and it starts with vaccinating more American workers. The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced the new emergency temporary standard (“ETS”) “to protect more than 84 million workers from the spread of the coronavirus on the job.”
Under this new temporary standard, covered employers must develop, implement, and enforce a written mandatory
Continue Reading OSHA ISSUES EMERGENCY TEMPORARY STANDARD ON VACCINATION.

By: Samantha J. Wood
Yesterday, President Biden announced new COVID-19 mandates affecting private employers with 100 or more employees, federal workers and contractors, and health care facilities.
First, it was announced that the Occupational Safety and Health Administration (“OSHA”) will develop a new Emergency Temporary Standard (“ETS”), which will mandate that all employers with 100 or more employees must require their employees to become “fully vaccinated” or undergo weekly COVID-19 testing. Employers will be required to give employees paid
Continue Reading NEW VACCINATION OR TESTING REQUIREMENTS FOR EMPLOYERS

By:       Sally A. Piefer
June 21, 2021
Non-compete and non-solicitation agreements are relatively commonplace. However, these agreements have been under increasing attack by legislatures across the country. President Biden has also expressed that one of the items on his regulatory agenda is to eliminate all non-compete agreements except for those necessary to protect trade secrets.
The Illinois legislature recently unanimously passed legislation changing the non-compete and non-solicitation agreement landscape. The Illinois Governor is expected to sign this legislation which
Continue Reading NEW NON-COMPETE LAW COMING TO ILLINOIS