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.
Articles About Indiana Labor And Employment Law.
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 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?
Indiana Court Declines to Expand At-Will Employment Exception
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. Memorial Hosp. of South Bend, No. 18A-CT-1340 (Ind. Ct. App. Apr. 11, 2019).
Indiana Supreme Court: Driver for Large Vehicle Transportation Matching Service Properly Classified as Independent Contractor
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 court provided potentially valuable insight into Indiana’s ABC test that may prove helpful to employers with independent contractor drivers.
Indiana Supreme Court Rules Driver Not Employee of Business Connecting Drivers with Customers
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, 2019).
Indianapolis Office Newsletter – First Quarter 2017
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 constructive discharge claims. Green v. Brennan, 136 S. Ct. 1769 (2016).
The Religious Freedom Restoration Act (RFRA) and Wage and Hour Law
Unless you are living under a rock, you are probably aware of the uproar in Indiana about the Religious Freedom Restoration Act that the state passed, triggering an incredible backlash inside and outside the state and a rush by legislators to revise the newly-enacted law. When even NASCAR is criticizing legislation instead of talking about its current season, you know that you have a serious problem. For those of you looking for a more balanced, statutory analysis of the issues underlying the RFRA debate, I would recommend that you start here and here.
Indiana Religious Freedom Restoration Act will not be used as a Tool for Discrimination
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 become effective on July 1, 2015.
Indiana Supreme Court Dismisses Second Case Challenging Constitutionality of Right to Work Law
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 its face, does not violate Indiana’s Constitution. (The justices had declined to consolidate the two cases.) Zoeller v. United Steel, Paper, and Forestry, Rubber Manufacturing, Allied Industrial and Service Workers Int’l Union, et al., No. 45S00-1407-PL-492 (Ind. Dec. 16, 2014).
Indiana Supreme Court Upholds Constitutionality of Right to Work Law
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 Superior Court Judge John M. Sedia that previously declared the law unconstitutional.
Relief from Indiana Wage Payment and Wage Deduction Statutes May Be in Sight
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 Unconstitutional, State Trial Court Rules
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 appeal and the case will go directly to the Indiana Supreme Court (since the decision holds a state statute unconstitutional), which likely will overturn the trial court decision. Meanwhile, the trial court has stayed relief for the duration of any appeal and the law remains in full force and effect.
Indiana Court Declares State’s Right-To-Work Law Unconstitutional
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, who included the AFL-CIO and the International Union of Operating Engineers, alleged that the statute compelled International Union of Operating Engineers, Local 150 to provide a particular service to individual employees it represents without requiring them to pay for that service.