February 27, 2023
By: Sally Piefer and Alexandra (Sasha) Chepov
On January 10, 2023, both houses of the Illinois legislature passed the Paid Leave for All Workers Act (the “Act”), which requires private employers to provide a minimum of 40 hours of paid leave for employees to use for any reason. Governor Pritzker has indicated that he will pass the Act. Therefore, Illinois employers should take all necessary actions to ensure that their policies and practices are compliant with
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Lindner & Marsack, S.C. Blogs
Latest from Lindner & Marsack, S.C.
Employers Must Exercise Care in Drafting Severance Agreements in Light of Recent Labor Board Decision
The National Labor Relations Board (NLRB) issued a landmark decision on Tuesday affecting the validity of various provisions typically found in employee severance agreements. The NLRB in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) if a severance agreement contains a non-disparagement or confidentiality clause that restricts an employee’s ability to exercise their rights under the NLRA. The NLRB’s decision in McLaren Macomb not
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Expanded Protections for Pregnant and Nursing Employees
On December 29, 2022, President Biden signed into law an omnibus appropriations bill, which expands protections for pregnant and nursing employees under The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.
The Pregnant Workers Fairness Act
The PWFA, which goes into effect in June 2023, extends the protections for pregnant workers in the same manner as is available under the Americans with Disabilities Act (ADA). Specifically, the new law requires employers
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FTC Proposing Expansive Ban on Non-Compete Agreements
Non-compete and non-solicitation agreements have become relatively commonplace. However, these agreements have been under increasing attack by state legislatures across the country. President Biden 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.
Back in 2021, President Biden issued an Executive Order on Promoting Competition in the American Economy, which encouraged the Federal Trade Commission (FTC) to ban or limit non-compete agreements. Later
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LINDNER & MARSACK, S.C., ANNOUNCES 2022 SUPER LAWYERS AND 2023 BEST LAWYERS DESIGNATIONS
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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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
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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
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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
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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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