Indiana

Indiana continues to move through its five-stage, “ Back on Track ” plan to reopen the state. Stage 4 is set to begin on June 12, 2020.

The month of May in Indianapolis is not the same without the Indianapolis 500, which usually runs Memorial Day weekend. Indiana currently plans to hold the race on August 23, 2020. While there will be no cars at the brickyard this May, there is movement toward that goal. According to Governor Holcom

Marking a unique variation from Indiana’s body of common law governing the enforceability of restrictive covenants in the state, a new Indiana statute regulating physician non-compete agreements is set to take effect on July 1, 2020. See Pub. L. No. 93-2020 (to be codified in part as Ind. Code § 25-

The Indiana General Assembly has enacted changes in how and when minors are allowed to work in the state. The new provisions go into effect April 1, 2020.

In response to the coronavirus (COVID-19) pandemic, Indiana Governor Eric Holcomb has issued Executive Order 20-08, limiting the activities of all Hoosiers. The Order goes into effect at 11:59 p.m. on March 24, 2020, and will remain in effect until 11:59 p.m. on April 6, 2020 (unless terminated soon

Under an amendment to the state’s wage deduction statute, employers in Indiana may now deduct from an employee’s paycheck the rental cost of uniform shirts, pants, and other job-related clothing. The amendment, Senate Bill 99, was signed by Governor Eric Holcomb on May 1, 2019, and went into effect

It is well settled that Indiana is an employment-at-will state, meaning an employer or employee may terminate the employment relationship for any lawful reason. The Indiana Supreme Court, however, recognizes a limited number of exceptions to employment-at-will. For example, an employer may not disch

Reaffirming Indiana’s “strong” presumption of at-will employment, the Indiana Court of Appeals has declined to expand the public policy exception to the at-will employment doctrine to include an employee’s mistaken belief that he was subpoenaed to testify at an unemployment hearing. Perkins v. Memor

Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A, Inc. v. Indiana Department of Workforce Development. In so holding, the cour

A driver who delivers recreational vehicles or trucks under a company’s authority is an independent contractor, not an employee, for purposes of the Indiana Unemployment Compensation Act, the Indiana Supreme Court has ruled. Q.D.-A, Inc. v. Indiana Dep’t of Workforce Dev., No. 19S-EX-43 (Jan. 23, 20

Under a constructive discharge theory, an employee’s limitation period to file a discrimination claim with the Equal Employment Opportunity Commission begins upon the constructive discharge, not before, the United States Supreme Court has ruled, giving clarity to timing considerations of constructiv

On April 2, 2015, the Indiana General Assembly passed, and the Governor signed, an amendment to the controversial new Indiana Religious Freedom Restoration Act ("Indiana RFRA") that explicitly prevents the statute from being used as a tool for discrimination. The Indiana RFRA, as amended, will becom

Indiana’s Right to Work law again has withstood a constitutional challenge in the state’s highest court. The Indiana Supreme Court dismissed a second challenge to the state’s Right to Work law based on its November decision in Zoeller v. Sweeney, 19 N.E.3d 749 (Ind. 2014), holding that the law, on i

Indiana’s Right to Work law has withstood its first challenge in the state’s highest court. The Indiana Supreme Court upheld the law’s constitutionality in a 5-0 decision in Zoeller, et al. v. Sweeney, et al., No. 45S00-1309-PL-596 (Nov. 6, 2014). The decision reverses an opinion by Lake County Supe

Halfway through its 2014 session, the Indiana General Assembly is considering two bills that, if passed, could significantly affect employers.

Indiana’s “right to work” law violates the state constitution’s guarantee of just compensation for services rendered, a Lake County (Indiana) Superior Court Judge has held. Sweeney v. Zoeller, No. 45D01-1305-PK-52 (Ind. Super. Ct. Sept. 5, 2013). Indiana Attorney General Greg Zoeller has filed an ap

On September 5, 2013, Indiana Superior Court Judge John Sedia ruled that the Indiana right-to-work law violates Article I, Section 21 of the Indiana Constitution, which provides that: “No person’s particular services shall be demanded, without just compensation.” The plaintiffs in Sweeney v. Zoeller

The Indiana Court of Appeals determined in an unpublished opinion that an employer presented a prima facie case that a five-year restriction in a non-compete agreement was reasonable. Mayne v O’Bannon Publishing Co., 36 IER Cases 279 (Ind. Ct. App. 2013). Elizabeth Mayne operated a small commercial

Indiana Governor Mike Pence has signed into law legislation permitting individuals arrested or convicted of certain crimes to have those records expunged. In addition, the new law (House Enrolled Act 1482) prohibits an employer from discriminating against any person because a conviction or arrest re

Legislation under consideration in Indiana would require all public and charter schools to have a trained, armed “school protection officer” on the school’s premises during regular school hours. If adopted, the legislation (Ind. S.B. 1, as amended, Apr. 2, 2013) would be the first in the nation to r