Author Archives: Mary Gemeinhardt

President Trump Revokes Executive Order 11246’s Affirmative Action Requirements

President Trump Revokes Executive Order 11246’s Affirmative Action Requirements

By: Samantha J. Wood February 12, 2025 On January 21, 2025, President Trump issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”  This Order revokes Executive Order 11246 (signed in 1965), which historically required federal contractors and subcontractors to take affirmative action initiatives to ensure applicants and employees were treated without regard […]

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Changes to H-1B Program Now In Effect

Changes to H-1B Program Now In Effect

By: Samantha J. Wood January 31, 2025 The U.S. Department of Homeland Security (DHS) published a new regulation to modernize and improve the H‑1B program, a visa program commonly used by U.S. employers to temporarily hire foreign workers for specialized occupations.  The new regulation took effect on January 17, 2025. The intent of the H-1B […]

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Interplay Between FMLA and State or Local Family and Medical Leave Programs

Interplay Between FMLA and State or Local Family and Medical Leave Programs

By: Samantha J. Wood February 4, 2025 On January 14, 2025, the Department of Labor (DOL) Wage and Hour Division (WHD) issued an opinion letter stating that employers are not permitted to require employees to use accrued employer-provided paid leave benefits during a designated Family and Medical Leave Act (FMLA) leave when the employee is […]

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Texas Court Strikes Down DOL Overtime Rule

Texas Court Strikes Down DOL Overtime Rule

By: Oyvind Wistrom Late last week a federal district court in Texas struck down the Department of Labor (DOL) rule that was set to increase the salary thresholds again for exempt white-collar executive, professional and administrative employees (EAP) under the Fair Labor Standards Act (FLSA).  The court ruling not only impacts the salary increase scheduled […]

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FTC Non-Compete Rule Struck Down

By: Sally A. Piefer / August 21, 2024 As we indicated in our April 2024 E-Alert, earlier this year the FTC issued a Final Rule which would have made nearly all non-compete agreements unenforceable. The Final Rule was slated to go into effect on September 4, 2024. In addition to making most non-competes illegal, the […]

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Wisconsin Worker’s Compensation Forum Registration Now Open!

Please join us for the 2024 Wisconsin Worker’s Compensation Forum on October 2 and 3, 2024, at the Brookfield Conference Center. In addition to programming, the event offers networking opportunities, an exhibitor hall, attendee giveaways, and the popular happy hours!   Lindner & Marsack is one of the founding members of the Wisconsin Worker’s Forum […]

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EMPLOYERS MUST COMPLY WITH FINAL OVERTIME RULE AS OF JULY 1, 2024

EMPLOYERS MUST COMPLY WITH FINAL OVERTIME RULE AS OF JULY 1, 2024

As we previously reported, on April 23, 2024, the Department of Labor (DOL) issued an updated final overtime rule, which raised the annual salary required for executive, administrative and professional (“EAP”) employees and highly compensated employees (“HCE”) to be exempt from overtime under the Fair Labor Standards Act (FLSA). Despite several legal challenges, the rule […]

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Department of Labor (DOL) Issues its Final Overtime Rule

Department of Labor (DOL) Issues its Final Overtime Rule

By: Sean E. Lees On April 23, 2024, the Department of Labor (DOL) issued its final overtime rule, which raised the annual salary required for certain employees to be exempt from overtime under the Fair Labor Standards Act (FLSA).  While this rule will likely face legal challenges, it is scheduled to go into effect on […]

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FTC BANS EMPLOYEE-RELATED NON-COMPETE AGREEMENTS

FTC ISSUES FINAL RULE BANNING EMPLOYMENT-RELATED NON-COMPETE AGREEMENTS. WHAT’S NEXT?

By:       Sally A. Piefer Non-compete and non-solicitation agreements are relatively commonplace in the employment context. However, these agreements have been under increasing attack by state legislatures across the country. Shortly after President Biden took office, he issued an Executive Order on Promoting Competition in the American Economy and encouraged the Federal Trade Commission (FTC) to […]

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EEOC GUIDANCE ON HOW TO NAVIGATE THE PREGNANT WORKERS FAIRNESS ACT

EEOC GUIDANCE ON HOW TO NAVIGATE THE PREGNANT WORKERS FAIRNESS ACT

By:       Alexandra (Sasha) Chepov and Oyvind Wistrom April 24, 2024 On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023. The regulation will go into effect on June 18, 2024. By way of background, […]

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