Articles

St. Pierre: Employers grappling with religious exemptions to COVID vaccine

Previous versions of HEA 1001 provided that any worker could be granted a religious exemption to a vaccine mandate without employers inquiring into the validity of the employees’ claims. Had that version of the bill passed through the General Assembly and been signed by Holcomb, Indiana employers would have clear marching orders when it came to religious exemptions from vaccine mandates. But that provision was hotly contested and, ultimately, removed from the version of the bill that is now law in Indiana. So the question remains: What should Indiana employers do when they receive a request for religious exemption from a COVID-19 vaccine mandate?

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Roberson: New law ends forced arbitration in sexual assault, harassment cases

On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which will nullify forced arbitration clauses in sexual assault and sexual harassment cases. Following the #MeToo movement, many states have enacted legislation to limit the scope of claims covered in employment arbitration agreements, but the act is the first federal limitation.

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Guest column: Potential antitrust implications of noncompete agreements

Noncompete agreements generally are treated the same whether analyzed under state law or antitrust principles. However, limited instances exist in which antitrust laws may be more restrictive than state noncompete laws are. Businesses with high market shares in their geographic and product markets should take special caution to ensure their restrictive covenants do not unlawfully restrain competition.

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Hurley and Mappes: Noncompete agreements under attack: What to know and how to protect your trade secrets

Businesses routinely use noncompete agreements to protect their most valuable assets, including trade secrets. However, noncompete agreements are increasingly under attack at both the state and federal level. This two-part series will first explain recent developments restricting the use of noncompetes, then Part II will focus on how that increased scrutiny on noncompete agreements may impact trade secret protection.

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Macchia: Are noncompetes standing on shaky ground?

Over the last 18 months we have seen drastic changes in this country’s employment laws as a result of the pandemic, including new and updated laws and regulations related to sick leave, unemployment compensation and employee safety requirements. One change that has been mostly overshadowed by the ever-evolving nature of the pandemic, and its impact on the employment area, is a shift in the use and the enforceability of noncompetition agreements.

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Kilies and Simonton: Military leave and employee rights to reemployment

The Uniform Services Employment and Reemployment Rights Act provides various protections to service members; most notably, the act requires employers to reemploy employees returning from military service. It is important to understand the basic requirements of the act, as failure to comply with them could expose an employer to claims for lost wages, lost benefits and attorney fees.

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NLRB decision creates union decertification limbo

A handful of laborers in northwest Indiana who want to oust their union are instead having to cool their heels because, their attorney says, the National Labor Relations Board is not following the new rule it finalized last year specifically meant to prevent delays in votes on union representation.

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Boshkoff: Preliminary and postliminary activities under the FLSA

In March, the 7th Circuit ruled that members of the Chicago Police Department’s Special Weapons and Tactics Unit were not entitled to minimum wage or overtime compensation for off-duty time they spent storing their rifles and gear in their homes. The ruling provides clarification of preliminary and postliminary work activities and the “continuous workday rule” under the Fair Labor Standards Act.

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