OSHA Interpretive Letter Causes Concern for Non-Union Workplaces
A recently-released OSHA Interpretive Letter raises concern for non-union workplaces by opining that workers at a non-union facility may designate a union representative as their representative during an OSHA inspection. Currently, in a facility with a union, that union may designate an individual to accompany an OSHA inspector around the facility during an inspection. As it pertains to non-union facilities,…
Indiana Repeals Inheritance Tax
The 2013 Indiana budget bill, which was signed by Governor Pence on May 8, 2013, included a provision repealing inheritance taxes in the State of Indiana. The repeal is retroactively effective for individuals passing away on or after January 1, 2013. While inheritance taxes have been one important reason for people to consider estate planning, the repeal does not change…
Business as Usual: NLRB Cans Employer’s Noel Canning Argument
In January 2012, President Obama made a series of controversial appointments to the NLRB, purportedly while the Senate was in recess. Opponents to the appointments argued that the Senate was meeting on a pro forma basis at the time of the appointments and, therefore, was not technically in recess. Proponents pointed to the fact that appointments had been made under…
Determining When an Injury Arises Out of Employment
A recent Indiana Court of Appeals case has codified that, under the Indiana Worker’s Compensation Act, an injury arises out of employment when a causal connection exists between the injury sustained and the duties or services performed by the injured employee. The connection is established when a reasonably prudent person considers the injury to be born out of a risk…
Navigating the Complexities of Indiana’s Mechanic’s Lien Statute
Construction projects are complex. So is construction law. Case in point: Indiana’s Mechanic’s Lien Statute. This law greatly enhances the ability of general contractors and subcontractors to recover payment, but only if the byzantine provisions of the Statute are strictly followed. A recent decision by the Indiana Court of Appeals illustrates this complexity. The Situation In Feitler v. Springfield Enterprises,…
FMLA Update: Pre-Eligibility Request for Post-Eligibility Leave is Protected
On March 29, 2013, the U.S. District Court for the Northern District of Indiana held that an employee who makes a pre-eligibility request for post-eligibility FMLA leave is protected from retaliation from the employer. In Morkoetter v. Sonoco Products Co., Lozano, R., the employee, alleged that he informed his employer of his disability and plans to take FMLA leave prior…
All Employers Must Use Newly Revised Form I-9
The U.S. Citizenship and Immigration Services (USCIS) recently released a revised Form I-9 and employers should begin using it right away. Form I-9 must be completed by all employers to confirm the identity of newly-hired employees and verify the employee’s eligibility to work in the United States. The revised Form I-9 has expanded from one to two pages, contains new…
Can individuals sue State agency, employees? Indiana Supreme Court to decide.
Should individuals have a private cause of action to sue employees of the State of Indiana for an alleged breach of a statutory duty when the statute does not confer one? On Thursday, March 28, the Indiana Supreme Court held oral argument in the case of F.D., et al. v. Indiana Dep’t of Family Servs., Case No. 82S01-1301-CT-19, to consider…
Mike DiRienzo to present Rule 60 Practice (1 CLE) on Thursday, April 4th
Mike DiRienzo, a Partner at Kahn, Dees, Donovan & Kahn (KDDK), will be a featured presenter in a Rule 60 Practice seminar (1 CLE) on Thursday, April 4, at 12:00 noon at the Evansville Bar Association office, located in the Walker Building at 401 S.E. Sixth St. in Evansville. Mike will cover how to oppose a Motion to Set Aside…
1, 2, 3 Strikes … Watch Out!
It’s that time of year again. A time when baseballs begin to sail through the air and evenings are filled with the aroma of hot dogs and a freshly mown infield. Organ music fills the stands and the umpire screams, “Play ball!” The sense of euphoria, however, can quickly be soured by a screaming line drive foul ball that some…
