Placeholder Image

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 […]

Read more
Placeholder Image

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 […]

Read more
Placeholder Image

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 […]

Read more
Placeholder Image

MUCH OF OBAMACARE EMPLOYER MANDATE HAS BEEN POSTPONED TO 2016

By: Alan M. Levy Most employer mandate penalties for not satisfying Obamacare coverage requirements have now been waived until December 31, 2015. On February 10, 2014, the Internal Revenue Service filed final regulations on “Employer Shared Responsibility” under the Affordable Care Act (“ACA”), Agency Document Number 2014-03082 (official publication date January 12, 2014). The new […]

Read more
Placeholder Image

WISCONSIN’S UNEMPLOYMENT INSURANCE CHANGES WENT INTO EFFECT 01/05/2014

By: Daniel Finerty In a previous E-Alert, we described a series of substantial changes and amendments to Wisconsin’s unemployment insurance law that were scheduled to go into effect. The majority of the changes, including changes to the definition of “misconduct” and “substantial fault”, recently went into effect on January 5, 2014 and first apply to […]

Read more
Placeholder Image

2013 SUPER LAWYER DESIGNATIONS

Lindner & Marsack, S.C. proudly announces that eight of its sixteen attorneys have been acknowledged as 2013 Super Lawyers or Rising Stars by Super Lawyers Magazine. “We are among a very small group of firms with at least one-half of its attorneys recognized by Super Lawyers,” said Jonathan T. Swain, President of the firm. He […]

Read more
Placeholder Image

PROPOSED OSHA RULE IMPOSING ELECTRONIC SUBMISSIONS TO IMPROVE ILLNESS AND INJURY TRACKING

By: Laurie A. Petersen and Samantha J. Wood On Thursday, November 7, 2013, OSHA issued a proposed rule amending 29 C.F.R. § 1904.41 to require certain employers to electronically submit injury and illness information that most employers are required to maintain under § 1904. The only employers unaffected by this rule are those that are […]

Read more
Placeholder Image

DOL ISSUES GUIDANCE ON RIGHTS OF SAME-SEX SPOUSES FOR ERISA PLANS

By: Alan M. Levy On September 18, 2013 the U.S. Department of Labor (“DOL”) issued Technical Release 2013-04 to address ERISA rights for same-sex spouses after the Supreme Court’s decision in United States v. Windsor, 133 S. Ct. 2675 (2013), invalidated parts of the federal Defense of Marriage Act. Largely consistent with the equivalent discussion […]

Read more
Placeholder Image

SUPREME COURT RULING FORCES EMPLOYERS TO RECONSIDER BENEFITS FOR SAME-SEX COUPLES

By: John E. Murray and Samantha J. Wood In June 2013, the United States Supreme Court invalidated the federal law defining marriage as the union of one man and one woman. That decision complicates the administration of FMLA leave for multi-state employers and employers in states (like Wisconsin) which have not recognized same-sex marriages. For […]

Read more