Placeholder Image

SUPREME COURT LIMITS USE OF CLASS ACTION ARBITRATIONS

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 […]

Read more
Placeholder Image

A CLEARLY WRITTEN PLAN DOCUMENT PROTECTS THE PLAN’S ADMINISTRATOR FROM A FIDUCIARY BREACH

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 […]

Read more
Placeholder Image

Updated EEO-1 Reporting Requirements

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 […]

Read more
Placeholder Image

REGISTER NOW! 2019 COMPLIANCE/BEST PRACTICES SEMINAR

WHEN: May 8, 2019 – 8:00 a.m. – 12:00 p.m. 375 South Moorland Road, Brookfield, WI WHERE: Sheraton Milwaukee Brookfield Hotel Registration and a continental breakfast will be served beginning at 7:30 a.m. Click here to register. This COMPLIMENTARY half-day seminar will address the latest labor and employment topics impacting employers today, including: 2019 Legal Updates for Labor, Employment and Worker’s Compensation Is Your Company Protected? Legal Challenges in a Tight Labor Market Mental Health, Alcohol & Opioids in the Workplace: Recognizing an Employee in Crisis and the Impact on Employment Policies and Worker’s Compensation […]

Read more
Placeholder Image

Trump-Era DOL Proposes New Overtime Rule

By: David Keating On March 7, 2019, the U.S. Department of Labor (DOL) published an updated proposed rule which would raise the annual minimum salary requirements related to “white collar” overtime exemptions of the Fair Labor Standards Act (FLSA).  The DOL proposes increasing the standard salary level to $679 per week, $35,308 annually.  The current […]

Read more
Placeholder Image

LINDNER & MARSACK, S.C., ANNOUNCES 2018 SUPER LAWYER AND BEST LAWYER DESIGNATIONS

Lindner & Marsack, S.C. today announced seven attorneys acknowledged by Super Lawyers magazine. Honorees include Douglas M. Feldman, Daniel J. Finerty, Thomas W. Mackenzie, Gary A. Marsack, Chelsie D. Springstead, Jonathan T. Swain and Oyvind Wistrom. Feldman, Finerty, Mackenzie, Marsack and Swain were also recognized as Best Lawyers by U.S. News & World Report. “Year […]

Read more
Placeholder Image

LINDNER & MARSACK, S.C. WELCOMES LAUREN MATTHIESEN TO TEAM  

 Lindner & Marsack, S.C., one of the region’s most respected and long-standing management-side labor and employment law firms, today announced Lauren Matthiesen has joined the firm as an Associate. Ms. Matthiesen will focus on defending worker’s compensation claims across a variety of industries. Prior to joining Lindner & Marsack, Ms. Matthiesen was a worker’s compensation […]

Read more
Placeholder Image

EMPLOYEE NOT ENTITLED TO FURTHER WORKER’S COMPENSATION BENEFITS BECAUSE HER DISABILITY-CAUSING SURGERY WAS NOT RELATED TO A COMPENSABLE WORK INJURY

By:      Daniel M. Pedriana and Claudia R. Harke On August 28, 2018, District I of the Wisconsin Court of Appeals held that the Plaintiff was not entitled to further worker’s compensation benefits because her disability-causing surgery was not related to a compensable work injury. In Theresa Payton-Myrick v. LIRC, Theresa Payton-Myrick was diagnosed with […]

Read more