Labor, Employment & Worker’s Compensation

The Worker’s Compensation Board favors informal discovery, yet formal discovery is provided for in 631 Indiana Administrative Code (“IAC”) 1-1-3 – Rules of practice in proceedings: Except as provided below, the board will not be bound by any technical rules of practice in conducting hearings, but will conduct hearings and make investigations in reference to…

While all businesses aim to have a cohesive, smoothly operating workforce devoid of conflict, inevitably, employees do not get along with one another or become disenfranchised with management. Sometimes, an employee will believe they have been wronged in some capacity because of a co-worker’s behavior or management’s response to an issue. An employee who feels…

Any physician non-compete entered into before July 1, 2020 is governed by Indiana common law. Since July 1, 2020, in order for a physician non-compete to be enforceable in Indiana, such non-compete agreement must include the following: 1. A provision requiring the employer to provide a departing physician with a copy of any notice concerning…

This month the United States’ Federal Trade Commission proposed a rule which would prohibit employers from using Non-Competition Agreements with employees and independent contractors. The rule, if enacted, will apply nationwide. The proposed rule will also require employers to rescind all current Non-Competition Agreements in effect with employees and independent contractors. The proposed rule broadly…

COVID-19 has left many employers with understaffed workforces. Of the many factors contributing to the lack of available workers, one such reason is an apprehension to work alongside unvaccinated colleagues. Employers have been left to question whether they can incentivize their employees to become vaccinated against COVID-19.  This has been an ongoing question in legal…

At some point in time, a small business owner is likely to be approached by an employee about the need to pump or “express” milk for their nursing baby while at work. As a business owner, if you have never been approached with this topic before, you may fumble through the conversation, uncertain about the…

Although the federal Health Insurance Portability and Accountability Act (HIPAA) does not provide a private right of action, a plaintiff still may recover damages for the wrongful disclosure of his or her private health information under Indiana law.             A healthcare provider can be held vicariously liable for the wrongful disclosure by its employee when…