Teachers with Concealed Gun Permits
Unfortunately, incidents continue to occur at schools throughout the country. Teachers care about their students and they care about safety. But many law-abiding Indiana teachers with valid lifetime concealed carry permits have found themselves in legally uncertain – or at least confusing – territory. This is because legislation passed a few years back allowing employees to keep weapons locked in…
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,…
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…
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…
You Better Sit Down For This
You may have missed it, but the Family and Medical Leave Act, or FMLA, turned 20 years old last month. Although the purpose of the FMLA may be a noble one — providing employees unpaid leave from work for treatment of their own serious health condition, or to care for and comfort family members who are ill — employers who…
