Lindner & Marsack, S.C. Law Blog

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Lindner & Marsack, S.C.

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On January 14, 2025, the Department of Labor (DOL) Wage and Hour Division (WHD) issued an opinion letter stating that employers are not permitted to require employees to use accrued employer-provided paid leave benefits during a designated Family and Medical Leave Act (FMLA) leave when the employee is also receiving benefits from a state or local family and medical leave program.

In the last few years, many states and localities have established paid family and medical leave programs that…
Continue Reading Interplay Between FMLA and State or Local Family and Medical Leave Programs

Alarm Clock on Orange Color Background

Late last week a federal district court in Texas struck down the Department of Labor (DOL) rule that was set to increase the salary thresholds again for exempt white-collar executive, professional and administrative employees (EAP) under the Fair Labor Standards Act (FLSA).  The court ruling not only impacts the salary increase scheduled to take effect on January 1, 2025, but also invalidates the prior salary increase that took effect in July, 2024.

In April 2024, the DOL passed a…
Continue Reading Texas Court Strikes Down DOL Overtime Rule

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Due to the high level of criteria and rigorous selection process utilized by Super Lawyers®, Lindner & Marsack, S.C. is proud to announce the inclusion of several of our attorneys to the 2024 Super Lawyers® and Rising Stars lists:
2024 Wisconsin Super Lawyers®—Employment Law – Management, Labor Law, and Litigation – Labor and Employment:
Oyvind Wistrom
Sally A. Piefer
2024 Wisconsin Super Lawyers®—Workers’ Compensation Law – Employers:
Andrew J. Quartaro
Chelsie D. Springstead
Daniel M. Pedriana
Douglas M. Feldman…
Continue Reading Excellence in Practice: Super Lawyers® Lindner & Marsack, S.C. Attorneys Selected for 2024 List

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We are proud to announce that Lindner & Marsack S.C. has been recognized for our commitment to legal excellence in the 2025 edition of the Best Law Firms® rankings. This prestigious acknowledgment, independently produced by Best Lawyers, highlights our firm’s dedication to providing superior legal services across various practice areas.
The Best Law Firms® rankings are a crucial resource in the legal industry, offering a guide to the top-performing law firms across 127 practice areas and 188 jurisdictions. The…
Continue Reading Lindner & Marsack S.C. Achieves Recognition in 2025 Best Law Firms® Rankings

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…
Continue Reading FTC Non-Compete Rule Struck Down

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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
View Profile >>

Daniel J.
Continue Reading Lindner & Marsack, S.C., Announces 2025 Best Lawyers Designations

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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

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…
Continue Reading Wisconsin Worker’s Compensation Forum Registration Now Open!

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…
Continue Reading Employers Must Comply with Final Overtime Rule as of July 1, 2024

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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.
 

Continue Reading Supporting Community: Our Attorneys Join MIAA Golf Outing to Benefit Family Promise

Business person working in the office.

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

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?

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

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…
Continue Reading SCOTUS Eases the Standard for Proving a Discriminatory Job Transfer under Title VII

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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

Workers Compensation Claim Form Complaint for Work Injury

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