Lindner & Marsack, S.C. Law Blog

Latest from Lindner & Marsack, S.C. Law Blog

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?

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

By: Samantha J. Wood
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued guidance for all employers, along with a much-anticipated Emergency Temporary Standard (“ETS”), limiting the ETS to healthcare workers.
Emergency Temporary Standard for Healthcare Workers
After much consideration, OSHA determined that an emergency standard was necessary because existing standards and regulations, and the OSH Act’s General Duty Clause were inadequate to address the COVID-19 hazard for healthcare workers.  OSHA determined that these workers face
Continue Reading OSHA ISSUES EMPLOYER GUIDANCE AND EMERGENCY TEMPORARY STANDARD FOR HEALTHCARE EMPLOYERS

By: Matthew Kurudza
Assembly Bill 11 was passed in the Senate on February 16, 2021 and presented to Governor Evers on April 22, 2021.  This bill, now known as 2021 Wisconsin Act 29 (Act), was signed by Governor Evers on April 27, 2021.  This bipartisan bill was passed to allow public safety officers – including law enforcement and firefighters – who have been diagnosed with post-traumatic stress disorder (PTSD) under certain conditions to receive worker’s compensation benefits without having
Continue Reading PUBLIC SAFETY OFFICERS CAN NOW BRING A CLAIM FOR PTSD WITHOUT HAVING TO PROVE EXTRAORDINARY STRESS

Lindner & Marsack’s worker’s compensation defense practice is well recognized as an industry leader in providing work injury defense services to many of Wisconsin’s largest employers and insurance carriers.
Chelsie Springstead, a Shareholder and member of the Firm’s highly regarded work injury defense team, is a presenter in the first episode of an educational video podcast series entitled “A Medical and Legal Analysis of COVID-19: Addressing Issues Surrounding Causation, Care and Courses of Action” on Thursday, April 29,
Continue Reading Current Trends & Treatment in Worker’s Compensation

By: Sally A. Piefer
Last week, the Illinois Governor signed legislation which amends three Illinois laws which will impact employers with operations in Illinois.
Criminal Conviction Information
As of March 23, 2021, employers in Illinois may not use a criminal conviction (felony, misdemeanor, probation, or imprisonment) as a basis for making employment decisions—unless (1) there is a “substantial relationship” between the conviction and the job, or (2) where the conviction poses an “unreasonable risk” to property, or to the
Continue Reading EMPLOYERS WITH OPERATIONS IN ILLINOIS BEWARE OF NEW LAWS

By: Sally A. Piefer and Samantha J. Wood
Last week, the American Rescue Plan Act of 2021 (ARPA) was signed into law.  This is a large and detailed piece of legislation that has several components that directly affect employers.
FFCRA Leave Expansion/Extension
Like the prior COVID-19 stimulus/relief bill that was discussed here, the ARPA allows employers covered by the FFCRA to continue to voluntarily provide paid FFCRA leave and receive the tax credit associated with such leave through
Continue Reading What You Need to Know About the ARPA