By: Jonathan T. Swain & Christopher J. Saugstad September 27, 2019 The National Labor Relations Board (“NLRB”) recently made public an Advice Memorandum (the “Memorandum”) by its General Counsel on August 15, 2019. The Advice Memorandum detailed the General Counsel’s advice regarding specific social media policies of CVS Health. The Memorandum examined numerous social media […]
David Keating and Kristofor Hanson Over the course of the past year, the National Labor Relations Board (“Board”) has indicated its willingness to develop more employer-friendly standards that allow employers more flexibility in managing their businesses and their unionized workforces. Just in the past week, the Board continued its efforts with a ruling allowing for […]
By: Christopher J. Saugstad September 6, 2019 On August 29, 2019, the National Labor Relations Board (the “Board”) determined that employers do not violate the National Labor Relations Act (the “NLRA”) merely by misclassifying employees as independent contractors when they should have been classified as employees. In Velox Express, Inc., 15-CA-184006, 368 NLRB No. 61 […]
In Bexar County Performing Arts Center Fdn. d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019), the National Labor Relations Board has limited prior decisions, which allowed the employees of a tenant to engage in union activities on the private property of their employer’s landlord. Whether or not the tenant’s employees normally […]
Lindner & Marsack, S.C. today announced six attorneys have been recognized for 2020 as part of the annual Best Lawyers list, one of the oldest and most highly-respected peer review guides to the legal profession worldwide. Thomas Mackenzie, Gary Marsack, Jonathan Swain and Oyvind Wistrom were acknowledged in the Employment Law-Management category while Mackenzie, Marsack […]
Lindner & Marsack, S.C. is well recognized both locally and nationally for its workers’ compensation defense practice. Our work injury defense team routinely represents many of the state’s largest employers and insurance carriers and has developed a reputation of excellence throughout the workers’ compensation industry. Lindner & Marsack is one of the founding members of […]
By: Alan M. Levy On April 24, 2019 the United States Supreme Court held that an employee cannot expand an individual claim to a class action arbitration unless both parties have explicitly agreed to that process. Arbitration is created by contract; the parties must agree to waive their statutory right to have a court determine […]
By: Alan M. Levy What happens when employee benefit plan participants are not accurately informed of their rights? Who is liable for an error or a failure to inform a participant or beneficiary about their eligibility for benefits? The best protection for a plan fiduciary is often a clear, well-written current plan document. Employers sponsor […]
Lindner & Marsack, S.C. announced today that Oyvind Wistrom will take over duties as the Firm’s President. Wistrom has been with the Firm since 1994, has been a shareholder since 2005 and has served on the board of directors since 2014. At the same time, Lindner & Marsack has added two new associates to their […]
On March 5, 2019, a Federal Judge reinstated the EEO-1 pay data reporting requirement for all covered employers. Covered employers include employers with over 100 employees or federal contractors with 50 or more employees and a government contract worth $50,000 or more. The EEO-1, otherwise known as The Employer Information Report, is a compliance survey […]