Banking and Commercial Transactions, Blog, Construction Law
Madalyn Kinsey Addresses the Impact of a Recent 7th Circuit Opinion on Bank Financed Projects in Indiana
KGR Partner Madalyn Kinsey is quoted by the Indiana Lawyer in its article regarding a recent 7th Circuit opinion addressing Exclusion 3(a) in the standard title insurance policy. Ms. Kinsey discusses what the ruling means to bank financed construction projects in Indiana. To read the full article, click here.
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Madalyn Kinsey
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Blog, Employment Law
What Employers Should Consider When Mandating Vaccinations
Can employers legally mandate employees to be vaccinated with the Covid-19 vaccine? The short answer is yes… but it is not that simple. When considering mandatory vaccinations, it is imperative that employers understand the various equal employment opportunity laws that protect employee rights from discrimination and unlawful employment practices, including the Americans with Disability Act (ADA) and the Rehabilitation Act, Title II of the Genetic Information Nondiscrimination Act (GINA), Title VII, and the Pregnancy Discrimination Act (PDA). Preparation is key. In December, the U.S. Equal Employment Opportunity Commission (EEOC) provided updated guidance in light of the vaccination rollouts, specifically addressing mandated vaccinations. This guidance made clear that while employers may mandate and require proof of vaccination, employers should proactively instruct employees not to provide any other medical information to avoid implicating ADA protections. For example, if an employee provides medical information related to a health condition or disability (regardless if related to Covid-19 or a vaccination), the employer may be required to engage in a further interactive process to determine if the employee needs a workplace accommodation. When the employer has knowledge of such medical information – even when no accommodation is requested or needed – there is an increased risk for retaliation or discrimination claims if a future adverse action is taken against the employee at any time in the future. The EEOC guidance also warns that pre-screening for vaccinations might constitute a disability-related inquiry as such screening is likely to elicit medical information about a pregnancy or conditions such as allergies, preexisting conditions, or…
Blog, News, Press
6 KGR Attorneys Named to Super Lawyers List 2021
Super Lawyers selected six KGR attorneys for the 2021 list, including one attorney chosen as a Rising Star. KGR 2021 Super Lawyers: Bill Bock – Entertainment and Sports Jay Kennedy – Creditor Debtor Rights Jim Knauer – Business Litigation Stephen Peters – Appellate Sydney Steele – Construction Litigation Super Lawyers Rising Star 2021: Séamus Boyce – Schools and Education Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented, multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. No more than 5 percent of the lawyers in the state are selected by the research team to receive this honor. The Rising Star award is a prestigious distinction for those who exhibit excellence in their practice. Only 2.5 percent of attorneys in Indiana receive this honor. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. For more information about Super Lawyers, visit www.SuperLawyers.com.
Blog, Community, Uncategorized
Restrictions Remain in Indiana for Limited Gatherings and Events
*This blog has been updated.* Restrictions will remain in place with limited participation for employers and organizations planning to host small or large events in the coming weeks. On Feb. 24, 2021, Indiana Governor Eric Holcomb extended two executive orders for 30 more days. The orders – Executive Order 21-02 and Executive Order 21-03 – were set to expire on March 1 but will continue with the county-based measures and restrictions for social gatherings and events. The latest extension also impacts the NCAA tournament hosted in Indy with 25 percent fan attendance. For employers hosting sporting or other extracurricular events, an “event” is defined as: an assembly or convening of multiple individuals from separate households in a single space – indoors or outdoors – at the same time but where the main purpose is not necessarily for individuals to interact with others outside of one’s household but to engage in or attend a business/commercial function, single event, or events of limited duration – such as conferences, conventions, concerts, shows, sport or athletic competitions (community, K-12 extracurricular, collegiate and professional), fairs, festivals, carnivals, parades, graduation ceremonies, community holiday celebrations, fundraisers or other entertainment events. The executive order strongly recommends that overall size of a social gathering or event be limited in overall attendance based on a county’s color-coded metric, which is as follows: designated as red– may not exceed 25 individuals designated as orange– may not exceed 50 individuals designated as yellow– may not exceed 100 individuals designated as blue– may not exceed 250 individuals If a safety plan is submitted at least five…
Blog, Education Law
Navigating the Legal Issues of School Attendance & Student Engagement
The virtual educational environment has presented significant challenges for attendance and engagement of students. Schools must follow the law regarding attendance and truancy reporting requirements, whether students are participating in on-site or off-site learning. The importance placed on attendance is well founded. “Showing up” is a critical indicator of student success and determines funding through the bi-annual “Average Daily Membership” count. How do attendance policies work? Any person between the ages of seven and 18 is bound by the state’s compulsory attendance requirements, unless the individual reaches the age of 16 and meets the legal prerequisites to withdraw from school prior to graduation. Students who accumulate 10 or more unexcused absences are considered to be habitually truant. Students who accumulate 10 or more absences — excused or unexcused — are considered to be chronically absent. School leaders must report students falling into these categories to juvenile courts where the truant student may face legal consequences. The measuring of chronic absenteeism aligns Indiana state law with federal laws on attendance, found in the Every Student Succeeds Act (ESSA). ESSA’s provisions require that states adopt an indicator for accountability, such as chronic absenteeism. While rare, prosecutors may bring misdemeanor charges against a parent who commits educational neglect by failing to send their child to school. Charges may not be brought until the parent has notice and the child has not returned to school the following day. Convictions for committing educational neglect range from 180 days of jail time to fines of up to $1,000 per day. Students who…
Blog
2020 Recap & What’s Next for KGR in 2021
Within the firm, partner Brian Bosma retired from his selfless (and remarkable!) 30 years of service in the Indiana General Assembly, 12 of which he served as Speaker of the House. We are thrilled to have him continue his service to KGR’s clients. Séamus Boyce joined KGR as we entered the summer, bringing his innovative education law practice and legislative services. We added law clerk Molly Connor a short while later, working with Séamus to advocate for our education clients. Susie Stroud joined as the cheerful face and voice of KGR, starting as our receptionist in July. Even though she has opted to depart so she and her husband can travel in retirement, she’s left a lasting impact! We bid bittersweet but fond farewells to valued team members. Senior Associate Mandy Stafford, who returned to KGR from an in-house counsel role, accepted a new in-house position out-of-state. Associate Portia Bailey-Barnard has assumed the position of Vice President of Indianapolis Economic Development with the Indy Chamber of Commerce. As the year concluded and we turned into 2021, we added two new associates. Adam Doerr brought his five years of focused litigation experience to our business litigation team. Taylor Hunter joined us after four years of practice with one of the country’s largest law firms and adds additional focus to our expanding education team, including her experience with collective bargaining on behalf of education clients and litigating employment matters. Meanwhile, Jay Kennedy and Lisa Hughes celebrated 40 years at KGR. What a milestone and reflection of dedication to…
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