By: Sean T. Devenney On its website, OSHA made it very clear that an employee’s COVID-19 infection could become a reportable and recordable OSHA events in certain circumstances. In particular, OSHA’s website as of April 13, 2020, provides: OSHA recordkeeping requirements at 29 CFR… Read More >
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Reporting and Recording COVID-19 and OSHA-Updated as of April 13
Non-Coms and Non-Solicitation Agreements: Liquidated Damages Provisions Questioned by Indiana Supreme Court
By: Melanie Dunajeski Non-Competition and Non-Solicitation Agreements are in the news again in Indiana. On December 18, 2019, the Indiana Supreme Court issued its sharply divided 3-2 opinion in American Consulting, Inc. v. Hannum Wagle & Cline Engineering, Inc. et al, 136 N.E.3d 208 (Ind…. Read More >
House Bill 1021 – Mechanic’s Lien Discharge
By: Scott P. Fisher Representative Jerry Torr has again offered a bill that seeks to streamline the discharge of a mechanic’s lien in place of a bond. Currently, to be bonded off, a general contractor or owner (or other party) must file an action… Read More >
In Indiana, the “Blue Pencil” is Actually an Eraser
By: Melanie M. Dunajeski A frequent companion to a non-compete agreement is a non-solicitation agreement that limits a departing employee’s ability to “raid” his prior employer to staff his new employer. Both non-competition and non-solicitation agreements are considered to be in restraint of trade,… Read More >
Medical Malpractice News: Indiana Court of Appeals Determines Radiologic Technologist is Qualified to Render an Expert Opinion on Causation
By: Courtney McCormick In order to proceed with a matter in state court after a medical review panel renders an opinion in favor of a healthcare provider, a patient is required to produce an expert opinion that the healthcare provider’s conduct failed to meet… Read More >
Protecting Confidential Information–Keep Your Assets from Walking Out the Door
By: Melanie Dunajeski Many employers use a combination of Non-Competition and Confidentiality Agreements to attempt to limit post-employment unfair competition by former employees. Non-Competes have always been disfavored and subject to strict court construction against employers as a restraint of trade, but are recently… Read More >
The Supreme Court Will Examine Sexual Orientation and Gender Identity Discrimination Claims in its 2019-2020 Term
By: Melanie Dunajeski The law of LGBT/Sexual Orientation/Gender Identity discrimination is deeply unsettled in 2019. What is meant by the acronym “LGBT”? LGBT refers to the categories of Lesbian, Gay, Bisexual, and Transgender. The terms “Lesbian” and “Gay” and “Bisexual” refer to sexual orientation…. Read More >