December 11, 2014 By: John E. Murray On Tuesday, the Supreme Court issued its decision in Integrity Staffing Solutions, Inc. v. Busk. The question in that case was whether employees are entitled to be paid for time spent in anti-theft security screenings at the end of their shift. Integrity Staffing supplied employees to Amazon’s warehouses. […]
EEOC Challenges Employer Wellness Programs
November 13, 2014 By: Alan M. Levy and Samantha J. Wood The Affordable Care Act (ACA) has recently popularized employer wellness programs. The Department of Labor and Health and Human Services are presenting the ACA as promoting such programs by encouraging employers to offer “rewards” for participation. According to the final regulations, such “rewards” can […]
Back by popular demand the 6th Annual Women Leaders Conference returns, March 20, 2015, for a day of inspiring education. Jonathan Swain is speaking at this event.
Hosted by the UWM School of Continuing Education, the event kicks off at the Pfister Hotel in downtown Milwaukee from 9am-5pm. The conference celebrates women who have pioneered their fields and uncovers their proven methods for success. Attendees will learn from accomplished women, discover what inspires them and harness the energy to empower themselves.
2014 Super Lawyers
Lindner & Marsack, S.C. proudly announces that nine of its seventeen attorneys have been acknowledged as 2014 Super Lawyers or Rising Stars by Super Lawyers Magazine. “This is the second consecutive year in which over one-half the attorneys in the firm have been recognized by Super Lawyers,” said Jonathan T. Swain, President of the firm. […]
WHY NOEL CANNING MATTERS
By: Thomas W. Mackenzie Last Thursday’s decision by the U.S. Supreme Court invalidating three of President Barack Obama’s recess appointments to the National Labor Relations Board throws into question hundreds of Board decisions issued between the recess appointments made in January, 2012 and July, 2013 when the current five member Board was lawfully confirmed by […]
New Regulations Allow Orientation Period Prior To ACA’s Maximum Waiting Period Before Mandatory Health Plan Coverage
The Affordable Care Act (“ACA”) requires a “large employer” (50 or more full time equivalent employees) to provide health plan coverage to “full time” employees (30 or more hours per week) within 90 days of hire. On June 25, 2014, IRS, DOL, and HHS published final regulations which allow an employee orientation period of up […]
WISCONSIN SOCIAL MEDIA LEGISLATION SIGNED BY GOVERNOR WALKER
By: Daniel Finerty and Samantha Wood In our July 9, 2013 E-Alert “Workplace Social Media Legislation Introduced in the Wisconsin Senate and Assembly” [https://lindner-marsack.com/news/workplace-social-media-legislation-introduced-in-the-wisconsin-senate-and-assembly], we wrote about bi-partisan legislation introduced to limit an employer’s ability to request access to, observe, or require disclosure of a personal internet account of an applicant or employee. Senate Bill […]
EEOC CHALLENGES SEVERANCE/SEPARATION AGREEMENTS
By: John E. Murray In February the EEOC filed a lawsuit challenging the separation agreements used by CVS Pharmacy. Those agreements require employees to notify CVS if they become part of an administrative investigation by the EEOC or its state counterparts. The agreements also prohibited employees from disparaging the company or its officers, directors, or […]
THE UAW FILES OBJECTIONS TO THE ELECTION OUTCOME AT VW CHATTANOOGA
By: Jonathan T. Swain By now, most interested persons are aware that on February 14, 2014, the UAW suffered an unprecedented and largely unforeseen defeat at the hands of a majority of employees at the Volkswagen plant in Chattanooga, Tennessee. The NLRB supervised the secret ballot election which the union lost by a margin of […]
THE NLRB PROPOSES NEW “AMBUSH” ELECTION PROCEDURES
By: Jonathan T. Swain On February 5, 2014, the National Labor Relations Board (NLRB) announced its intention to reintroduce its proposed revised union election rules which are designed to substantially shorten the time from petition to election. These rules, originally proposed in June of 2011, were invalidated by the federal courts in the Spring of […]