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...Read More

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...Read More

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...Read More

[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...Read More

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...Read More

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.,...Read More

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...Read More

On Wednesday, February 27, 2013, the Evansville City Council unanimously passed Evansville City Ordinance No. G-2013-3 (the “Ordinance”) requiring an owner of “Residential Rental Buildings” to register with the Evansville City Clerk. The registration requires an individual owner to provide certain personal and contact information, and if the owner is an entity, to provide additional...Read More

Mediation as a confidential means of dispute resolution was recently called into question by an Indiana Court of Appeals case which held that statements one party had made in mediation could be used in Court as evidence to explain and challenge an alleged mistake in the parties’ final settlement agreement. The Indiana Supreme Court has...Read More

A three-member panel of the District of Columbia Court of Appeals has ruled that President Obama’s three recess appointments to the National Labor Relations Board were unconstitutional. On January 4, 2012, the President appointed the three members, purportedly pursuant to the Recess Appointments Clause of the Constitution, which allows the President to make such appointments...Read More