By: Laurie A. Petersen and Samantha J. Wood The U.S. Department of Labor (“DOL”) has issued new guidance reiterating its focus on misclassification of employees as independent contractors and warning employers that “most workers are employees.” The DOL has asserted that the purpose of its guidance is to provide clear direction to employers regarding the […]
By: Laurie A. Petersen and Samantha J. Wood As directed by President Obama in March 2014, the Department of Labor (DOL) has issued a proposed rule regarding the Fair Labor Standard Act’s overtime regulations. The rule focuses primarily on updating salary and compensation levels. It proposes increasing the standard salary threshold level for exempt employees […]
Our very own Daniel Finerty, Douglas Feldman and Laurie Petersen are speakers at the State Bar of Wisconsin’s 2015 Health, Labor and Employment Law Institute on August 20-21, 2015 at the Wilderness Hotel and Golf Resort in Wisconsin Dells. Lindner & Marsack is sponsoring a Thursday evening social hour. Choose from more breakout sessions than […]
PLEASE JOIN US FOR THE 3RD ANNUAL KIDS’ CHANCE OF WISCONSIN GOLF OUTING 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. Doug Feldman heads the Firm’s highly regarded work injury defense team and is […]
On June 1, the United States Supreme Court issued its decision in EEOC v. Abercrombie & Fitch Stores. The issue in the case was the scope of an employer’s obligation to accommodate the real or perceived religious beliefs and practices of employees and applicants. Samantha Elauf was a practicing Muslim who wore a headscarf to […]
Under Wisconsin law, for a non-compete agreement, or any other form of restrictive covenant, to be enforceable it needs to be supported by adequate consideration (something of value received by the employee). While Wisconsin courts have previously decided that the execution of a restrictive covenant at the commencement of the employment relationship constitutes adequate consideration, […]
On April 20, 2015, the Equal Employment Opportunity Commission published its proposed regulations regulating employer wellness plans under the Americans with Disabilities Act. The proposed rules attempt to strike a balance between allowing wellness plans to offer incentives for employee participation while, at the same time, limiting incentives to defined percentages in order to prevent […]
Registration and a continental breakfast will be served beginning at 7:30 a.m. Click here to register. April 28, 2015 8:00 a.m. – 12:00 p.m. Sheraton Milwaukee Brookfield Hotel 375 South Moorland Road, Brookfield, Wisconsin This FREE half-day event will address current topics in labor, employment, benefits and worker’s compensation law and provide employers across industries with practical […]
By: Alan M. Levy and John E. Murray Two years ago, in United States v. Windsor, the U.S. Supreme Court held that the Defense of Marriage Act (“DOMA”) is unconstitutional in its requirement that “marriage” be defined as restricted to heterosexual couples. After that, regulations were issued which treated same-sex married couples as entitled to […]
By Kristofor L. Hanson The U.S. Supreme Court on March 25, 2015, issued a decision that alters the landscape for employers under the Pregnancy Discrimination Act (“PDA”). In the decision, the Court held that employers are now required to assess their ability to accommodate a pregnant employee’s restrictions in a manner consistent with efforts to […]