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Indiana Employers Must Develop COVID-19 Plan to Ensure Safe Work Environment

By May 11, 2020, all business and entities in Indiana are required to develop a COVID-19 plan implementing measures and institute safeguards to ensure a safe environment for their employees, customers, clients, and members.

Indiana’s Roadmap to get Back on Track after COVID-19 Lockdown

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 Holcomb’s announcement on May 1, 2020, Indiana is officially “Back on Track.” Governor Holcomb’s “Back on Track” plan is a five-stage plan or “measured roadmap” to reopen Indiana by July 4, 2020.

New Indiana Law Governs Physician Non-Compete Agreements

In the midst of the COVID-19 pandemic, Indiana has enacted a new law governing non-compete agreements used with physicians.

Indiana’s New Restrictions on Physician Non-Compete Agreements

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 § 25-22.5-5.5) (2020).

Indiana Governor Issues Updated Stay-at-Home Order Due to Continued Spread of COVID-19

On April 6, 2020, Indiana Governor Eric J. Holcomb issued an updated “Stay-at-Home Order,” Executive Order 20-18 (E.O. 20-18), superseding the Stay-at-Home Order that he issued on March 23, 2020. In announcing the updated order, Governor Holcomb noted that COVID-19 had spread to almost every county in Indiana.

Indiana Revises Law on Employment of Minors

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.

Indiana Orders Stay at Home, Limits Gatherings, Restricts Business Operations

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 sooner or extended).

Indiana Court of Appeals Decision Signals Change in State’s Restrictive Covenant Law

On April 15, 2019, the Indiana Court of Appeals issued a ruling that significantly developed restrictive covenant law in two areas: whether courts may reform contracts (as opposed to blue-penciling them) and whether non-solicitation provisions can include prospective customers.

Indiana Law Now Allows Paycheck Deductions for Uniform Rentals

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 immediately. Michael Padgett, a Principal in the Indianapolis office of Jackson Lewis, testified before the Senate on behalf of the Indiana Chamber of Commerce in support of the amendment.

No Subpoena, No Protection?: Indiana Court of Appeals Approves Dismissal of Employee Who Left Work to Voluntarily Testify at Hearing

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 discharge an employee for complying with a subpoena to provide testimony in a judicial or administrative hearing. Indiana courts have held that terminating an employee under these circumstances violates the state’s public policy. But does this exception apply when an employee voluntarily testifies in an administrative proceeding rather than being compelled to do so by subpoena or judicial order?
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