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Employers Who Utilize Temporary Or Loaned Employees Are Now Potentially Liable For Third Party Claims Brought By An Injured Employee

By:  Daniel Pedriana, Joseph Birdsall and Claudia Harke On January 9, 2018, District III of the Wisconsin Court of Appeals decided that Wis. Stat. § 102.29(6)(b)1 allows an injured temporary employee to choose between filing a worker’s compensation claim and suing the temporary employer for tort damages. In Rivera v. West Bend Mutual, Carlos Rivera […]

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Wisconsin Supreme Court Declares that Non-Solicitation of Employee Provisions are Governed by the Same Wisconsin Statute that Addresses Non-Compete Provisions

By Oyvind Wistrom The Wisconsin Supreme Court issued a landmark decision on Friday in the case of The Manitowoc Company, Inc. v. John Lanning, 2018 WI 6.  The case represented the Court’s first opportunity to determine whether a Non-Solicitation of Employee (NSE) provision in a contract between an employer and an employee is governed by […]

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LINDNER & MARSACK, S.C. NAMES SALLY PIEFER AS EQUITY PARTNER

Lindner & Marsack, S.C., one of the region’s most respected and long-standing management-side labor and employment law firms, announced today the advancement of Sally Piefer to Equity Partner. Piefer, who joined Lindner & Marsack in 2016, specializes broadly in all areas of employment law matters with special emphasis in employment litigation, employment counseling and compliance […]

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THE NLRB BRIGHTENS THE SEASON WITH MULTIPLE EMPLOYER-FRIENDLY DECISIONS BEFORE THE NEW YEAR

By: Kristofor Hanson As has been anticipated since the change in presidential administrations earlier this year, the National Labor Relations Board, with a Republican majority, issued a slew of impactful and employer-friendly decisions in recent days.  (The Republican majority on the Board was in place until December 16, 2017, when Chairman Philip Miscimarra’s term ended.  […]

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LINDNER & MARSACK, S.C., ANNOUNCES 2017 SUPER LAWYER AND BEST LAWYER DESIGNATIONS

Lindner & Marsack, S.C., one of the region’s most respected and long-standing management, labor, and employment firms, today announced seven attorneys acknowledged by Super Lawyer magazine. Honorees include Douglas M. Feldman, Daniel J. Finerty, Thomas W. Mackenzie, Gary A. Marsack, Chelsie D. Springstead, Jonathan T. Swain and Oyvind Wistrom. Finerty, Mackenzie, Marsack and Swain were […]

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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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Laurie Petersen Recognized by the Wisconsin Law Journal as a 2017 Women in the Law Honoree

Lindner & Marsack, S.C. is pleased to offer enthusiastic congratulations to Laurie Petersen, who is being recognized by the Wisconsin Law Journal as a 2017 Women in the Law honoree. Petersen, who has been with the firm since 1990, is a shareholder and member of its Board of Directors. Her extensive labor and employment law experience covers […]

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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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