Author Archives: Mary Gemeinhardt

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Wisconsin’s Right to Work Law Upheld

By: Thomas W. Mackenzie and Kristofor L. Hanson In a decision issued September 19, 2017, the Wisconsin Court of Appeals upheld as constitutional Wisconsin’s so-called “Right to Work” law (Act 1), which outlawed mandatory union membership as a condition of employment. Prior to the law becoming effective on March 11, 2015, the International Association of […]

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UPDATE ON STATUS OF CHANGES TO OVERTIME SALARY THRESHOLDS

By Laurie A. Petersen On August 31, a U.S. District Judge for the Eastern District of Texas struck down the controversial high salary threshold hikes that the Department of Labor under President Obama set for overtime exemptions putting to rest employer concerns about their obligations when or if the Rule was ever implemented.  The Rule […]

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DOL WITHDRAWS JOINT EMPLOYER AND INDEPENDENT CONTRACTOR GUIDANCE

By:  Samantha J. Wood On Wednesday, June 7, 2017 the U.S. Department of Labor (“DOL”) withdrew its 2015 and 2016 informal guidance letters regarding independent contractors and joint employment, which had been issued by the prior administration. The DOL’s first guidance letter, which was issued in July 2015 and reiterated the DOL’s focus on misclassification […]

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WISCONSIN SUPREME COURT DEFINES “SUBSTANTIAL FAULT” STANDARD FOR UNEMPLOYMENT INSURANCE AND WORKER’S COMPENSATION MATTERS

By:  Daniel Finerty On May 4, 2017, the Wisconsin Supreme Court released a long–awaited decision in Lela Operton vs. LIRC, 2017 WI 46, the first Supreme Court interpretation of Wisconsin’s “substantial fault” standard. Operton held that, as a matter of law, the employee’s eight accidental or careless cash-handling errors over the course of 80,000 cash-handling […]

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Title VII Now Covers Discrimination Based on Sexual Orientation

By:  Kristofor L. Hanson The Seventh Circuit Court of Appeals has determined that Title VII of the Civil Rights Act bars discrimination on the basis of sexual orientation.  On April 4, 2017, the Chicago-based court, which presides over federal matters in the states of Wisconsin, Illinois and Indiana, became the first federal court of appeals […]

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Register Now! Annual Compliance/Best Practices Seminar

WHEN: May 11, 2017 8:00 a.m. – 12:00 p.m. WHERE: Sheraton Milwaukee Brookfield Hotel 375 South Moorland Road Brookfield, WI Registration and a continental breakfast will be served beginning at 7:30 a.m.  Click here to register. This COMPLIMENTARY half-day event will address the latest labor and employment topics impacting employers including: Annual Employment Law Update (including recent […]

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LINDNER & MARSACK, S.C. NAMES DANIEL FINERTY AS EQUITY PARTNER

We 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 […]

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Employers Must Now Use New Form I-9

NEW I-9 FORM AVAILABLE: As of January 22, 2017, employers must use the NEW version of the Form I-9 — whether for new employees or for the reverification of expiring authorizations for existing employees. Prior versions of the Form I-9 should no longer be used. Employers who do not use the new Form I-9 are considered to be […]

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