Monthly Archives: February 2017


Daniel-FinertyWe are pleased to announce the advancement of Daniel Finerty to Equity Partner.

Finerty joined Lindner & Marsack in 2012 and concentrates his legal practice on representing and counseling clients – including Wisconsin counties, cities, school districts, Native American tribes, tribally-owned businesses and private sector employers – in labor and employment litigation and compliance matters in front of administrative agencies; in federal, state and tribal courts; and in labor arbitration. He works across a broad spectrum of industries including senior living, healthcare, manufacturing, food manufacturing, hospitality, retail, transportation, construction, commercial laundry, dry cleaning and others.

“Since Dan joined our team, he has consistently and determinedly worked to provide an outstanding, cost-effective platform for both new and existing clients and their insurance partners to address their toughest legal challenges,” said Thomas Mackenzie, Firm President. “Clients trust and appreciate his commitment to helping manage their workforce and continued growth while always keeping an eye on costs.”

Finerty has a great deal of experience defending senior living providers in Wisconsin Health Care Worker Protection Act retaliation claims; Wisconsin Fair Employment Act discrimination, retaliation and harassment claims; unreasonable refusal to rehire worker’s compensation claims; and other claims that follow termination of an employee for a violation of resident rights’ policies and other misconduct. He has also handled hundreds of employment claims involving Employment Practice Liability Insurance (EPLI) as panel counsel as well as at his clients’ request with a carrier’s permission and has defended Native American communities facing employment-related claims by current and former employees in tribal courts.

Rated AV Preeminent by Martindale Hubbell and recognized among the Best Lawyers in America in Appellate Practice since 2010, Finerty has also been regularly recognized by Wisconsin Super Lawyers magazine as a five-time “Rising Star” earlier in his career and as a “Super Lawyer” each year since 2014.

“I’m proud to be an integral member of this team and also to play an important role in the continued success of my clients, to whom I owe a debt of gratitude for their ongoing support, collaboration and confidence,” said Finerty.


By:  Jonathan T. Swain

February 13, 2017

In his recently published proposed biennial budget for fiscal years 2018 and 2019, Governor Walker has proposed to eliminate the Wisconsin Labor and Industry Review Commission (LIRC).  LIRC is an independent three member commission appointed by the Governor that currently handles all appeals of Administrative Law Judge (ALJ) decisions for unemployment compensation cases, worker compensation claims, as well as state fair labor standards cases and fair employment cases in the Equal Rights Division and public accommodation cases.  LIRC would be phased out over the next three fiscal years.

Presently, LIRC has the authority to affirm, overturn and remand ALJ decision in these areas.  LIRC decisions are appealable to the State’s circuit courts.

Under Governor Walker’s proposal, Worker Compensation ALJ decisions will be reviewable by the State Department of Administration, while jobless claims and Equal Right Division decisions will be Agency administrators.  In his budget statement, Governor Walker stated that the proposed elimination of LIRC will eliminate “an unnecessary layer of government” and will make this second layer of review decisions occur much more quickly.

Of course, this is a proposed budget and, as such, is subject to negotiation with the legislature and subsequent amendment.  Further, stakeholders in the business, labor and legal community have yet to weigh-in on the Governor’s proposal.  As this issue advances, we will keep you up to date and informed.