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Total Articles: 10

Indiana Adopts Right-to-Work Law

Indiana’s new right-to-work law amends the Indiana Code to prohibit collective bargaining agreements that would require workers to pay union dues or fees. The new law, signed by Indiana Governor Mitch Daniels on February 1, 2012, applies to any written or oral contract or agreement entered into, modified, renewed, or extended after March 14, 2012. It does not apply to or abrogate a written or oral contract or agreement in effect on March 14, 2012.

Indiana Enacts Right-to-Work Law: Becomes the Only Right-to-Work State in the Central Midwest

On February 1, 2012, Governor Mitch Daniels signed into law a bill that makes Indiana the nation’s 23rd right-to-work state. The bill’s legislative supporters describe the law as “a victory for job creation and individual freedom for workers to decide for themselves if they want to financially back a union.” The bill’s supporters envision “a surge in economic development interest” in Indiana because Indiana is now the only right-to-work state in the central Midwest.

First-ever Prosecution under Indiana Prevailing Wage Law

A subcontractor on Marion County, Indiana, public school projects has agreed to pay a fine of $1,000 and submit to a wage audit by the Indiana Department of Labor. The agreement resulted from the first-ever prosecution of a contractor under the Common Construction Wage Act (Indiana Code 5-16-7), Indiana’s prevailing wage law.

New Indiana Law Restricts Employers from Requiring Employees and Applicants to Disclose Gun Possession and Use

Can an Indiana employer with reasonable suspicion ask an employee if he has a gun in his briefcase? Not without opening itself up for liability under Indiana's new Disclosure of Firearm or Ammunition Information as a Condition of Employment Law.

Indiana Legislature Makes Changes to Unemployment Compensation Statute

In addition to changes in tax rates and benefit amounts, two bills passed by the Indiana legislature this year impact employee eligibility for unemployment compensation. House Enrolled Act No. 1450 provides that effective July 1, 2011, an individual is not unemployed for any week in which the individual is regularly and customarily employed on an on-call or as needed basis and has remuneration for personal services payable to the individual or work available from the individual’s on-call or as needed employer.

New Law Guarantees Right to Employee Representation Elections

Effective July 1, 2011, a new Indiana statute guarantees employees the right to vote by secret ballot in any election that is required or permitted by Indiana or federal law for the designation, authorization or retention of employee representation. This same statute (codified at I.C. 22-6-5-1 et seq.) guarantees the right of any employer to engage in a campaign in connection with such an election.

New Indiana “Non-Disclosure” Gun Law Takes Effect July 1

Last year, the Indiana General Assembly passed a law that prohibits most employers from adopting a rule or policy prohibiting employees from possessing firearms or ammunition in an employer’s parking lot, so long as they are kept in a locked vehicle and out of sight. This year, the Indiana legislature passed, and the Governor signed into law, another bill further restricting employers from regulating the possession of firearms by their employees.

Preliminary Injunction Granted for Parts of New Indiana Immigration Law

As predicted in our prior Legal Alert on this topic on May 13, 2011, Indiana's recently enacted immigration law has been challenged in court. On June 24, 2011, the U.S. District Court for the Southern District of Indiana granted a preliminary injunction, preventing certain provisions of the new law from going into effect as planned on July 1, 2011.

Indiana Gets Tough On Employers Of Illegal Aliens

On May 10, 2011, Governor Daniels signed a new law imposing significant consequences on Indiana employers who employ unauthorized workers. The law goes into effect on July 1, 2011.

Indiana Workplace Gun Law Amended to Further Restrict Employers' Policies.

A year after employers in Indiana revised their policies to conform to the state’s “bring your gun to work law,” they again must conform their policies to the law’s amendments that will become effective July 1, 2011, further limiting some employers’ attempts to safeguard their workplaces.
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Ogletree Deakins | Indiana | Indiana Enacts Right-to-Work Law: Becomes the Only Right-to-Work State in the Central Midwest (February 02, 2012)

Littler Mendelson, P.C. | New Mexico | Santa Fe Local Ordinance Sets Country's Highest Minimum Wage Requirement (February 02, 2012)

Littler Mendelson, P.C. | California | A Moving Target: The California DLSE Modifies Again Its FAQs on California's New Wage Notice Required for Hourly Employees (February 01, 2012)

Jackson Lewis LLP | Indiana | Indiana Adopts Right-to-Work Law (February 03, 2012)

Littler Mendelson, P.C. | California | Is Rounding of Employee Time Entries Legal in California?--California Supreme Court Orders Appellate Court to Decide (January 31, 2012)

Littler Mendelson, P.C. | California | California Court of Appeal Finds Employees Are Exempt Under California's Commissioned Sales Exemption (January 31, 2012)

Ford & Harrison LLP | New York | New York's Wage Theft Prevention Act Requires Notice to Employees (January 30, 2012)

Ford & Harrison LLP | California | Class-Action Antitrust Complaint Alleging an Unlawful Employer "No-Poaching" Conspiracy Appears to Have Survived a Motion to Dismiss (January 30, 2012)

Young Conaway Stargatt & Taylor, LLP | Delaware | Delaware Court of Chancery Issues Guidelines for Attorneys (January 31, 2012)

Littler Mendelson, P.C. | Pennsylvania | Pennsylvania Court Holds That Trustees May File Mechanics’ Lien to Obtain Delinquent Contributions to Health and Pension Funds (January 30, 2012)