Lindner & Marsack, S.C.

02/12/2025

By: Samantha J. Wood February 12, 2025 On January 21, 2025, President Trump issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This Order revokes Executive Order 11246 (signed in 1965), which historically required federal contractors and subcontractors to take affirmative action initiatives to ensure applicants and employees were treated without regard to their race, color, religion, s*x, s*xual orientation, gender identity, or national origin....

By: Samantha J. Wood February 12, 2025 On January 21, 2025, President Trump issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This Order revok…

02/11/2025

By: Samantha J. Wood January 31, 2025 The U.S. Department of Homeland Security (DHS) published a new regulation to modernize and improve the H‑1B program, a visa program commonly used by U.S. employers to temporarily hire foreign workers for specialized occupations. The new regulation took effect on January 17, 2025. The intent of the H-1B program is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S....

By: Samantha J. Wood January 31, 2025 The U.S. Department of Homeland Security (DHS) published a new regulation to modernize and improve the H‑1B program, a visa program commonly used by U.S. emplo…

02/04/2025

By: Samantha J. Wood February 4, 2025 On January 14, 2025, the Department of Labor (DOL) Wage and Hour Division (WHD) issued an opinion letter stating that employers are not permitted to require employees to use accrued employer-provided paid leave benefits during a designated Family and Medical Leave Act (FMLA) leave when the employee is also receiving benefits from a state or local family and medical leave program....

By: Samantha J. Wood February 4, 2025 On January 14, 2025, the Department of Labor (DOL) Wage and Hour Division (WHD) issued an opinion letter stating that employers are not permitted to require em…

11/18/2024

November 18, 2024 By: Oyvind Wistrom Late last week a federal district court in Texas struck down the Department of Labor (DOL) rule that was set to increase the salary thresholds again for exempt white-collar executive, professional and administrative employees (EAP) under the Fair Labor Standards Act (FLSA). The court ruling not only impacts the salary increase scheduled to take effect on January 1, 2025, but also invalidates the prior salary increase that took effect in July, 2024....

November 18, 2024 By: Oyvind Wistrom Late last week a federal district court in Texas struck down the Department of Labor (DOL) rule that was set to increase the salary thresholds again for exempt …

08/21/2024

By: Sally A. Piefer / August 21, 2024 As we indicated in our April 2024 E-Alert, earlier this year the FTC issued a Final Rule which would have made nearly all non-compete agreements unenforceable. The Final Rule was slated to go into effect on September 4, 2024. In addition to making most non-competes illegal, the Final Rule required employers to provide written notice to employees who were subject to the offending non-compete agreements....

By: Sally A. Piefer / August 21, 2024 As we indicated in our April 2024 E-Alert, earlier this year the FTC issued a Final Rule which would have made nearly all non-compete agreements unenforc…

08/13/2024

Please join us for the 2024 Wisconsin Worker's Compensation Forum on October 2 and 3, 2024, at the Brookfield Conference Center. In addition to programming, the event offers networking opportunities, an exhibitor hall, attendee giveaways, and the popular happy hours! Lindner & Marsack is one of the founding members of the Wisconsin Worker's Forum and our own Chelsie Springstead…...

  Please join us for the 2024 Wisconsin Worker’s Compensation Forum on October 2 and 3, 2024, at the Brookfield Conference Center. In addition to programming, the event offers networking…

06/27/2024

We've moved our content to Linkedin! Please connect with us on that platform - https://www.linkedin.com/company/lindner-&-marsack-s-c-/

04/30/2024

By: Sean E. Lees On April 23, 2024, the Department of Labor (DOL) issued its final overtime rule, which raised the annual salary required for certain employees to be exempt from overtime under the Fair Labor Standards Act (FLSA). While this rule will likely face legal challenges, it is scheduled to go into effect on July 1, 2024. As a general rule, unless certain exemptions apply, employees who work more than forty (40) hours in a workweek must be paid overtime. Read Full article here:

By: Sean E. Lees On April 23, 2024, the Department of Labor (DOL) issued its final overtime rule, which raised the annual salary required for certain employees to be exempt from overtime under the …

04/29/2024

By: Sally A. Piefer Non-compete and non-solicitation agreements are relatively commonplace in the employment context. However, these agreements have been under increasing attack by state legislatures across the country. Shortly after President Biden took office, he issued an Executive Order on Promoting Competition in the American Economy and encouraged the Federal Trade Commission (FTC) to ban or limit non-compete agreements....

By: Sally A. Piefer Non-compete and non-solicitation agreements are relatively commonplace in the employment context. However, these agreements have been under increasing attack by state legi…

04/29/2024

By: Alexandra (Sasha) Chepov and Oyvind Wistrom April 24, 2024 On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023. The regulation will go into effect on June 18, 2024. By way of background, the PWFA requires covered employers to provide a “reasonable accommodation” to a qualified employees’ or applicants’ known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship....

By: Alexandra (Sasha) Chepov and Oyvind Wistrom April 24, 2024 On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the Pregnant Work…

04/26/2024

April 24, 2024 | By: Alexandra (Sasha) Chepov and Oyvind Wistrom

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023. The regulation will go into effect on June 18, 2024.

By way of background, the PWFA requires covered employers to provide a “reasonable accommodation” to a qualified employees’ or applicants’ known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. Notably, the PWFA only applies to accommodations.

As the PWFA applies to private and public sector employers that have 15 or more employees, it is critical that employers understand how to navigate the complexities of the PWFA and the accompanying regulation.

Read more:
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04/18/2024

By: Oyvind Wistrom Earlier this week, the U.S. Supreme Court resolved a split in the circuits as to whether an employee is required to show a “significant” injury or harm in connection with a job transfer to meet the threshold for proving an adverse employment action under Title VII of the Civil Rights Act of 1964. The Court rejected the “significant” injury standard, and adopted a new standard that only requires an employee who is involuntarily transferred from one position to another to show that he/she suffered some harm to satisfy the adverse employment action prong of his/her case....

By: Oyvind Wistrom Earlier this week, the U.S. Supreme Court resolved a split in the circuits as to whether an employee is required to show a “significant” injury or harm in connection with a job t…