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…
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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.
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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…
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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…
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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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Bankruptcy Law, Blog, Business, Business Litigation
When Business is Bad, Who do you Pay?
This doesn’t seem like a tough question to most folks. You’ll pay the creditors to keep your doors open and delay paying the ones who may let you slide past due. Well, an important analysis will likely lead to other priorities. Consider first to whom you may be personally liable if the doors close… Taxing authorities and holders of guaranties must be at the top of the list. Then consider whether you, as the business owner, have it in you to guide the company through the dark times. PERSONAL LIABILITY Even if you are set up as a corporation or limited liability company to own your business and protect your assets from company debts, some claims for unpaid taxes create personal liability for those associated with the business. If you are focusing on who to pay to keep the doors open, you will likely not consider the IRS and the Department of Revenue (in most states), who will often be one of the last creditors to show up when you don’t pay on time. But sometimes, liability can pass on to the owners, officers or even an employee entrusted with making decisions on who to pay (yes, even the bookkeeper can be personally liable). Personal liability for unpaid business taxes generally arises from the failure to pay sales or use taxes and federal payroll taxes. In the case of sales/use taxes, that money never belonged to your business. The business collected it for the state and even though it was mixed with other business funds, there…
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Blog
Large or Small Law Firm: Which do you Hire?
Let’s frame the discussion with a question: What is a “large firm” vs. a “small firm?” Generally, there are three classes of firms from large firms to mid-level to small. Often the mid-level and smaller firms may also be called “boutique” law firms. The size of these firms vary in every city. In Indianapolis, a large firm might have 200 to 500 attorneys, a mid-level firm 75 to 150, and a small firm from 15 to 50. But in New York, Chicago or Los Angeles, a large firm could have 500 to 1,000 or more, mid-level 200 to 400, and small from 50 to 150. Regardless of location or size, several attributes where large, mid-level and small firms differ will be relatively consistent. Let’s explore some commonly held myths and misinformation. Myth: Large Firms Better Meet Client Expectations A survey published in January 2018, found the rate of client dissatisfaction was three times higher for larger law firms than smaller firms. Why? At a small firm, a client that generates $250,000 in fees is incredibly valuable. That same client might be “small potatoes” to a large firm and perhaps, treated accordingly. Big or small, every legal matter directly affects the client and the client’s company in a significant way. The relationships developed between a smaller firm and its clients take time and effort to nurture. Where smaller firms fight hard for each specific case, larger firms are frequently forced to initiate tried-and-true strategies that fail to take advantage of case nuances that can only come from a…
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Blog, Community, Estate, Events, News
COVID-19: Does Your Family Have A Plan?
Everyone should have a durable health care power of attorney in place and a living will. The COVID-19 pandemic makes me anxious and when I’m anxious, I need to channel that anxiety into action. You probably do, too. Your first action, of course, should be to follow the advice of public health professionals. Diligently wash your hands, self-isolate as long as we’re under restrictions, and stay at least six feet away from others if you have to go out. This will greatly reduce your risk of contracting or spreading the COVID-19 virus, according to epidemiologists. But that doesn’t help you plan for unexpected outcomes and long-term issues that impact your finances and your family’s well-being. Think about the following: What would happen if you were unable to make or communicate financial and personal decisions for several weeks due to a critical illness? Are you the family’s bill-payer? Does anyone else know the log-in and password information for your on-line utility accounts, or your bank account, in case you’re incapacitated? If you became sick suddenly, and were away from your home for an extended period, who would take care of your child, pet, or mail? How would your bills get paid? One positive action you can take while you’re working from home is to plan and prepare for your family’s future by completing a few key estate planning documents. Having your wishes documented and creating a formal plan to manage family finances and everyday needs should be a crucial first step. Face it, most of us have put…
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Blog, Business, Real Estate
Update: Indiana’s New Witness Requirement on Recorded Documents
Change of an ‘Or’ to ‘And’ Cause Challenges The recent rewording of a law has caused quite a stir in the business and real estate communities. That’s because changes to Indiana Code 32-21-2-3(a), effective July 1, 2020, now require witness signatures on recorded documents. Senate Enrolled Act 340, passed by the Indiana Senate, merely changed an “or” to an “and” but by so doing, it changed this well-established law to require a common law “proof” of a disinterested party to the transaction serving as a witness to the execution of an instrument. This requirement caught many off guard, necessitating re-documenting transactions or hurriedly changing forms. The perceived requirement of having the witness swear that he or she is not a party to the real estate transaction (deed, mortgage, lease, etc.) disclosed by the instrument and does not “benefit” from the transaction adds a layer of complexity to closings. An additional person must now participate in the closing process and swear to an oath. Many financial institutions are reluctant to have their employees give an oath, which rules them out as witnesses. Furthermore, it’s unclear how “benefit” is to be defined in this scenario. Could a year-end bonus based on loan production technically constitute receiving a benefit from this one transaction? While certain financial institutions may not permit their employees to witness signatures, title companies appear to be fine with their employees acting in this role. Rumors have swirled that many of Indiana’s 92 county recorders are ignoring the statute and accepting documents without witness signatures, provided…
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Banking and Commercial Transactions, Blog, News, Real Estate
Notarize & Prove Recorded Documents in Indiana Effective July 1, 2020
Effective July 1, 2020 A recent change to Indiana Code section 32-21-2-3(a), which takes effect on Wednesday, July 1, requires all written instruments (such as deeds, mortgages, powers of attorney, affidavits, and any other documents that must be recorded in an Indiana county recorder’s office) to be both notarized and proved. Without going into the nitty gritty details (you can find those on the “directive” from the Indiana State Bar Association ), every recorded instrument must now include a witness statement to prove that the person whose signature is notarized signed and delivered the instrument in the witness’s presence (and the witness’s signature must also be notarized).
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