Lindner & Marsack, S.C. Law Blog

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

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 several team members honored among the Best Lawyers in America® in the upcoming 2024 edition.
Attorneys recognized include:


In its August 25, 2023, decision, the National Labor Relations Board (“NLRB” or “Board”) paved the way for a union to represent employees without a formal vote. Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130.

The case involved Cemex, a multinational construction materials company, and the Teamsters, who were seeking to organize a bargaining unit consisting of Cemex’s ready-mix drivers. A majority of Cemex’s ready-mix drivers signed authorization cards signaling their desire for the Teamsters to serve as
Continue Reading NLRB Makes It Easier to Unionize Your Business

On August 2, 2023, the National Labor Relations Board adopted a new standard for analyzing the legality of facially neutral work rules that do not expressly restrict employees’ rights to engage in protected concerted activity under Section 7 of the National Labor Relations Act (“NLRA”). In Stericycle Inc., 372 NLRB No. 113, the Board overruled the legal framework established by the Board in Boeing Co., 365 NLRB No. 154 (2017), later clarified in LA Specialty Produce Co., 368 NLRB
Continue Reading Worker-Friendly NLRB Changes Employer Work Rule Standard

This summer, Lindner & Marsack’s Daniel Finerty published his sixth scholarly article for the Wisconsin Defense Counsel’s (WDC) Wisconsin Civil Trial Journal. In the same issue, he was honored with the Journal’s 2023 Publication Award.
Daniel’s current article, “Employment Law for Defense Attorneys and Insurance Professionals: a Process-Oriented Approach,” introduces and provides background regarding the foundations of employment law and the various cooperative processes it requires for defense attorneys and insurance professionals handling Employment Practice
Continue Reading Daniel Finerty Authors Sixth Article for the Wisconsin Civil Trial Journal; Also honored with the Journal’s 2023 Publication Award

Lindner & Marsack, S.C., announced today that Anders McLeod and Sam Andringa have joined the firm. Both attorneys will practice out of Lindner & Marsack’s Milwaukee headquarters in the area of worker’s compensation defense.
A recent graduate of Marquette University Law School, McLeod’s practice is dedicated to defending worker’s compensation claims for insurance industry clients and self-insured employers. While at Marquette, McLeod participated in both the Moot Court Association and the Association for Women Lawyers. She also received

As a founding member of the National Worker’s Compensation Defense Network, Lindner & Marsack, S.C. is pleased to invite you to this year’s fantastic fall conference which will take place on October 19th at the Radisson Blu Aqua Hotel in Chicago.  We are fortunate to have some excellent speakers from around the country presenting very relevant multi-jurisdictional worker’s compensation topics.  Please also join us for a cocktail reception and dinner cruise prior to the conference on the evening of October

By Laurie A. Petersen
Federal government contractors and subcontractors, as part of their obligation under Section 503 of the Rehabilitation Act and 41 CFR Part 60-741.42, are required to invite applicants (pre and post offer) and employees (including every five years) to self-identify as an individual with a disability on a form approved by the Office of Federal Contract Compliance Programs (OFCCP).
On April 25, 2023, the OFCCP published a revised form.  While that form does not substantively change

Continuing a very aggressive employee- and union-friendly agenda, on May 30, 2023, NLRB General Counsel Jennifer Abruzzo sent a memo, GC 23-08, to all Regional Directors, Officers-in-Charge, and Resident Officers, setting forth her view that the offer, maintenance, and enforcement of non-compete provisions in employment contracts and severance agreements violate the National Labor Relations Act (NLRA) except in limited circumstances.

Though overbroad non-compete agreements are generally viewed as unlawful and subject to invalidation, the GC memo explains that
Continue Reading NLRB Says that Non-Compete Agreements Should Be Deemed Unlawful

The Department of Labor (DOL) recently issued an opinion letter providing clarification as to how an employer is to calculate an employee’s leave entitlement under the Family and Medical Leave Act (FMLA) when such leave is taken during a week that includes a holiday.

The FMLA entitled eligible employees of covered employers to take unpaid job-protected leave for a qualifying family and medical reason with continuation of group health insurance coverage under the same terms and conditions as if
Continue Reading DOL Issues Opinion Letter Relating to Holidays for Employees on FMLA

Due to precautions surrounding the COVID-19 pandemic, in March 2020, the Department of Homeland Security (“DHS”), announced flexibilities regarding Form I-9 compliance. Specifically, employers who hired employees to work exclusively in a remote setting were temporarily exempt from physically inspecting employee identification and employment authorization documents in the employees’ physical presence. Documents could be inspected remotely, such as over video link, fax, or email.

On July 31, 2023, DHS will end these COVID-related flexibilities, and require employers to inspect
Continue Reading COVID-related I-9 Flexibilities End July 31, 2023

Under Wisconsin law, an employee is disqualified from receiving benefits if the employee engages in misconduct or substantial fault. In 2013, the Wisconsin legislature changed the definition of misconduct. With the change, Wisconsin law explicitly recognized that an employee’s absenteeism/tardiness can constitute misconduct, and therefore disqualified an employee from receiving unemployment compensation benefits:

Absenteeism by an employee on more than 2 occasions within the 120-day period before the date of the employee’s termination, unless otherwise specified by his or
Continue Reading Court Finds Employee’s Termination for Violation of Employer’s Attendance Policy Constitutes Misconduct for Purposes of Receiving Unemployment Benefits

In recent years, employers have adopted a wide variety of algorithmic decision-making tools to assist them in making employment decisions such as recruitment, hiring, retention, promotion, transfer, performance monitoring, demotion, dismissal and referral. These tools have been increasingly utilized by employers in an attempt to save time and effort, increase objectivity, optimize employee performance and decrease bias.

On May 18, 2023, the EEOC issued guidance clarifying the potential risks employers may face if the artificial intelligence tool being used
Continue Reading EEOC Issues Update Relating to Artificial Intelligence

On May 1, 2023, the National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. In Lion Elastomers LLC II, 372 NLRB No. 83, the Board overruled its decision in General Motors, 369 NLRB No. 127 (2020) and reverted to its pre-2020 standard for determining whether an employer may lawfully discipline employees whose actions and/or words cross the line into abusive conduct. General Motors applied the
Continue Reading New Misconduct Standard Set by NLRB Gives Employees Significant Leeway in Tone of Communications with Management

Effective January 1, 2024, the Illinois Paid Leave for All Workers Act (Act) will grant most Illinois employees the right to earn up to 40 hours of paid leave annually, setting a minimum paid leave standard for all Illinois employers. According to Governor Pritzker’s press release, the Act will provide about 1.5 million employees with the right to earn paid time off starting in 2024. We previously discussed the new Act here.

Minimum Leave

Under the Act,
Continue Reading The Illinois Paid Leave for All Workers Act Provides Employees with Paid Leave from Work for Any Reason and Without Any Documentation

There are several changes to Illinois that that, regardless of when the laws were passed, go into effect or have recently gone into effect in 2023, and place additional obligations on Illinois employers.

Additional Paid Leave Obligations

 In addition to the Illinois Paid Leave for All Workers Act that goes into effect on January 1, 2024,  Illinois employers are now obligated to provide unpaid leave for absences resulting from a pregnancy loss, unsuccessful IVF treatment, a failed adoption or
Continue Reading Additional Updates for Clients with Illinois Operations

Minnesota Set to Invalidate All Future Non-Compete Agreements

 On May 24, 2023, Minnesota Governor Tim Walz signed into law a provision banning all future non-compete agreements in Minnesota.  The term “non-compete” is defined to include provisions restricting an employee (or independent contractor) from performing work for another employer for a specified period of time, in a specified geographical area, or in a capacity that is similar to the employee’s work for the employer.  The ban will be effective for
Continue Reading Important Legal Developments for Clients with Operations or Employees In Minnesota