Lindner & Marsack, S.C., today announced team members acknowledged by Super Lawyers magazine. Honorees include Douglas Feldman, Gary Marsack, Daniel Pedriana, Andrew Quartaro and Oyvind Wistrom, along with Melissa Stone and Samantha Wood who were named by the organization as “Rising Stars.”
U.S. News & World Report and Best Lawyers also announced their designations for 2023, which includes Feldman and Wistrom as well as Daniel Finerty and Jonathan Swain.
“Our primary goal is to help employers
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Lindner & Marsack, S.C. Blogs
Latest from Lindner & Marsack, S.C.
Continuation of Dues Checkoff Now Considered Status Quo by Divided NLRB
In a 3-2 ruling by the five-member National Labor Relations Board, employers must now continue to deduct union dues – otherwise known as dues checkoff – from workers’ paychecks even after collective bargaining agreements containing such provisions expire. Valley Hospital Medical Center, Inc., N.L.R.B., Case 28-CA-213783 (Sept. 30, 2022). This ruling represents a return to the standard of the Board under President Obama after just three years during which dues checkoff could be discontinued in the event of contract
Continue Reading Continuation of Dues Checkoff Now Considered Status Quo by Divided NLRB
NLRB Issues Notice of Proposed Rulemaking on Joint-Employer Status
On September 6, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking as to the legal standard for determining joint-employer status under the National Labor Relations Act (NLRA).
Under the current analysis of joint-employer status established by the NLRB during the Trump administration in 2020, a company must exercise “substantial direct and immediate control” over essential terms and conditions of employment to be considered the employer of another company’s employees. “Substantial direct and immediate control”
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Employer Not Required to Offer Light Duty Positions to Pregnant Employees
The Seventh Circuit Court of Appeals in EEOC v. Wal-Mart Stores East, L.P., No 21-1690 (7th Cir. Aug. 16, 2022) recently recognized that an employer has the right to exclude pregnant workers from its light duty work program created for employees injured on the job. While the case addressed only the exclusion of pregnant workers under the Pregnancy Discrimination Act (PDA) and Title VII of the Civil Rights Act of 1964, the decision may also have implications under the
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2022 WI Work Comp Forum Registration Now Open!
Please join us for the 20th Anniversary of the Wisconsin Worker’s Compensation Forum on October 5 and 6, 2022, at the Brookfield Conference Center. In addition to programming, the event offers networking, an Exhibitor Hall, attendee giveaways, and the popular Happy Hours!
Our very own Chelsie Springstead is the current President of the WIWC Forum. Additionally, Doug Feldman, Oyvind Wistrom and Sally Piefer are presenters at this year’s Forum.
If you are unable to attend in person,
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PLEASE JOIN US FOR THE 10 YEAR ANNIVERSARY CHARITY GALA FOR KIDS’ CHANCE OF WISCONSIN
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
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LINDNER & MARSACK, S.C., WELCOMES JUSTIN SCHUESSLER AND ALEXANDRA CHEPOV TO GROWING TEAM OF LABOR & EMPLOYMENT ATTORNEYS
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
New Wisconsin Law Affects Worker’s Compensation Benefits
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
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NLRB General Counsel Announces Challenge to Employer Rights During Union Organizing Campaigns
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 –
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SALLY PIEFER HONORED AMONG “2021 NOTABLE WOMEN IN THE LAW” BY BIZTIMES MILWAUKEE
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
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OSHA’s Vaccine or Test Rule Remains in Limbo Following Arguments before the U.S. Supreme Court
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
OSHA’s VACCINE OR TEST RULE IS BACK IN PLAY
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
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LINDNER & MARSACK, S.C., WELCOMES ATTORNEY SAMUEL DRAVER TO WORKER’S COMPENSATION DEFENSE TEAM
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
EEOC EXPANDS ITS COVID-19 GUIDANCE CLARIFYING WHEN COVID-19 MAY BE A DISABILITY
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
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At-Home COVID-19 Tests Soon to be Covered by Employer Health Plans
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
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Update on OSHA’s Mandatory Vaccine Rule: What Should Employers Do?
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?