Monthly Archives: December 2015

New Lease Anchors Lindner & Marsack in Downtown Milwaukee through 2023

With the recent signing of a new lease, Lindner & Marsack will remain in our current downtown Milwaukee location through at least 2023. The Firm has been located at 411 East Wisconsin Avenue, a 30-story, Class A office tower, since 1989, and has occupied its current space on the 18th floor since 2003. The building is located at the heart of Milwaukee’s Central Business District.

“We did explore a few other downtown options and even considered a more suburban location, but at the end of the day this space has served us and our clients very well,” says Jonathan Swain, President of Lindner & Marsack. “There have been many changes in how we work and communicate with clients in recent years, and we’re excited about how this space is adapting and functioning to accommodate our needs for today as well as tomorrow.”

Along with the significant lease extension will come updates and enhancements to foster more collaboration and streamline the technological needs of today’s legal workplace. Updates include renovations to add more flexible meeting and gathering spaces, as well as upgrades to IT infrastructure to make technologies such as web and video conferencing easily accessible and seamless.

The enhancements to the suite tie in well with building owner Riverview Realty Partners’ ongoing $15 million dollar renovation to modernize and enhance the common areas of the building. A new business lounge, a state-of-the-art conference room, modernized dining area, upgrades to the lobby and elevator cabs and the expansion of the 35,000 square foot Wisconsin Athletic Club will further contribute to the goal of meeting the needs of the current legal workforce.

“In 2023, we’ll mark our 115th year as the pre-eminent Wisconsin boutique law firm practicing management-side labor and employment law,” says Swain. “Our continuing presence at 411 East Wisconsin Avenue is really a testament to the stability and longevity of the Firm.”

Awaiting The Implementation Of The Overtime Regulations…

By: Laurie A. Petersen and Samantha J. Wood

Employers continue to question when the Department of Labor (“DOL”) will finalize the changes to the Fair Labor Standard Act’s overtime regulations. Because the comment period ended on September 4, 2015, it was previously expected that the DOL would issue a final rule in early 2016.

However, last month at a Labor and Employment Law Conference, the Solicitor of Labor, M. Patricia Smith, stated that the DOL likely will not issue its final rule until late 2016. This is because the DOL must sift through approximately 270,000 comments that it received during the proposed rule’s commentary period (three times the amount of comments received in 2004 when the overtime rules were last updated).

Because the estimated timing of the final rule may coincide with the 2016 election, political commentators have suggested that the election may have an effect on the rulemaking process. For instance, if the proposed rule is implemented just prior to the election, it may be used as a campaign platform. Because of the uncertainties of an election, the current administration may impose a very short window of time for the rule to take effect (30-60 days) to ensure the rule is not reversed by the next administration. If the rule is not finalized or effective prior to a new administration, it is possible that the rule could be delayed or substantially changed.

Irrespective of the possible effects the election may have on the final rule, employers should plan and develop a strategy in the event the proposed rule will takes effect in Q3 or 4 of 2016. In their 2016 planning strategies and budget considerations, employers should analyze which employees will and will not be affected by the proposed changes, and should determine the appropriate steps to ready compliance should the rule take effect. Employers may choose to increase employee salaries to meet the new salary level threshold (estimated to be $970/week) or may reclassify employees from exempt to non-exempt. If the employer chooses to reclassify its employees from exempt to non-exempt, it will also need to consider the impact of overtime pay, the impact on employee morale, options to avoid overtime pay (such as hire additional staff), and implementation and communication of time-keeping policies.

If you have questions about this material, please contact Laurie A. Petersen or Samantha J. Wood by email at or, or any other attorney you have been working with here at Lindner & Marsack, S.C.