Year

2013
The deadline for registering residential rental property located in Evansville, Indiana, is this Friday, May 31, 2013 (tomorrow).  Failure to register subjects an owner to a civil penalty of One Hundred Dollars ($100) for each violation. Each day that such violation continues shall constitute a separate violation. As you may recall, in February, the Evansville City...
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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...
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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...
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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,...
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[vc_row][vc_column][vc_column_text] 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...
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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...
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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...
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[vc_row][vc_column][vc_column_text]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...
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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...
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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.,...
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