In a 3-1 decision issued this week, the National Labor Relations Board (“Board”) reversed current precedent that prohibited the inclusion of temporary employees along with permanent, or “solely employed,” employees in a bargaining unit absent employer consent, as it returned to the previous standard under M.B. Sturgis, Inc., 331 NLRB 1298 (2000), where no such […]
District 3 of the Wisconsin Court of Appeals issued a decision yesterday, May 24, reinstating Wisconsin’s right to work law pending appeal of a Dane County Circuit Court Judge’s decision finding the law to be unconstitutional. The Court of Appeals held that the Circuit Court erred in not granting a stay pending the appeal of […]
By: Thomas W. Mackenzie We issued an E-Alert on April 13 addressing Right to Work. Since then, a number of clients have asked for further clarity on the status of Wisconsin’s Right to Work law following the issuance of the Dane County decision. On April 8, 2016, a Dane County Circuit Court judge found unconstitutional […]
By: Chelsie D. Springstead The much-anticipated changes to the Wisconsin Worker’s Compensation Act were signed by Governor Walker on February 29, 2016 and went into effect yesterday – March 2, 2016! Please see the Act 180 Statutory Language and Act 180 Plain Language Summary of the bill which is now in effect. I have summarized a few of the […]
Please mark your calendar for Lindner & Marsack, S.C.’s Annual Compliance/Best Practices Seminar! WHEN: April 14, 2016 8:00 a.m. – 12:00 p.m. WHERE: Sheraton Milwaukee Brookfield Hotel 375 South Moorland Road Brookfield, WI This FREE half-day event will address current topics in labor, employment, benefits & worker’s compensation law and provide employers across industries with […]
As labor and employment attorneys, we often sound like broken records in counselling our clients on the importance of documenting the performance deficiencies of poor performing employees. It cannot be overstated how compelling strong and contemporaneous documentation can be to demonstrate the actual reason an employer disciplines, demotes or terminates an employee who is not […]
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 […]
On March 5, 2015, Senate Bill 69 (bill) was introduced by Senator Paul Farrow (R-Pewaukee). If passed by the Wisconsin legislature and signed by the Governor, the bill would eliminate the current version of Wisconsin’s restrictive covenant law, Wis. Stat. § 103.465. The statute applies to agreements with employee such as non-competition, non-solicitation and non-disclosure […]
Governor Walker, as part of his budget bill that was released on February 3, 2015, proposed removing the Worker’s Compensation Division from the Department of Workforce Development (DWD) and moving the functions to the Department of Administration – Office of Hearings and Appeals (DOA) and to the Office of Commissioner of Insurance (OCI). Specifically, the […]