Blog, Business, Corporate Law, Employment Law
So…Now What? What Employers Should Know And Be Doing About The New Proposed Overtime/Minimum Salary Rule
If you run a business, there’s a decent chance your inbox has been/will be more crowded than usual this days with alerts about the new Department of Labor (DOL) Overtime/Minimum Wage Rule. And you may also get a slight feeling of déjà vu, because the same thing happened back in the Fall of 2016. That’s when a federal judge blocked the Obama Administration DOL from implementing a rule that would have significantly increased the minimum salary employers have to pay employees who are classified as exempt under the Fair Labor Standards Act (FLSA). Rather than fighting over that version of the rule in court, the DOL went back to the drawing board, and it’s been working on a revised regulation for the last couple years. On March 7, 2019 DOL unveiled its long-awaited proposal for the “Minimum Salary Rule 2.0.” The full DOL proposal exceeds 200 pages, but your friendly neighborhood @HoosierHRLawyer prefers bullet points where possible (actually, one of my mentors taught me to hate bullet points, so here’s some ordered lists instead): What’s The New (Proposed) Rule Say? Well, a lot. But here’s some highlights: If you’re an employer in any of the 50 U.S. States and have “white collar exempt” employees (administrative, executive, or professional), you’ll need to pay them at least $35,308 annually ($679 per week). This is an increase from the current rule, which requires only $23,660 annually ($455 per week). If you don’t pay your exempt workers the minimum salary (consistently each week), you can’t treat them as exempt, and…
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Blog, Environmental Law
PFAS – New Drinking Water Standards Coming
PFAS. They’re everywhere and they’re not going away. PFAS are the toxic substances known as per- and polyfluoroalkyl. Most Americans have PFAS in their blood, it accumulates and it does not break down. According to US EPA, recent studies indicate that PFAS compounds can cause reproductive and developmental, liver and kidney, and immunological effects in laboratory animals. Both per- and polyfluoroalkyl have caused tumors in animals. The most consistent findings are increased cholesterol levels, with more limited findings related to low infant birth weights, effects on the immune system, cancer, and thyroid hormone disruption. PFAS has been around since the 1940s. People can be exposed through cookware, pizza boxes, and stain repellents, among a host of other household products. Although its production has been curtailed in the US, it can be found in carpet, leather apparel, textiles, paper and packaging, coatings, rubber and plastics. And it’s been found in our drinking water. US EPA has just announced that new drinking water standards will be developed to cope with PFAS. The first steps will be taken by the end of the year. US EPA has been using a drinking water advisory level of 70 parts per trillion, with a “t”, approximately 1000 times as strict has the most toxic drinking water standards. The new drinking water standard may result in a higher or lower standard. PFAS may be added to the Superfund list of hazardous substances and the Toxic Release Inventory under TSCA’s Significant New Use Rules. Much additional work will be needed to understand the sources…
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Blog, News
Announcing Our 2019 Best Lawyers
We are pleased to post that the following attorneys from the firm have been selected to the The Best Lawyers in America (2019 Edition). Banking and Finance Law Jay P. Kennedy Madalyn S. Kinsey James G. Lauck Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Jay P. Kennedy James A. Knauer Closely Held Companies and Family Businesses Law Brian C. Bosma Corporate Compliance Law David E. Wright Environmental Law Gregory P. Cafouros Government Relations Practice Brian C. Bosma Litigation – Banking and Finance Jay P. Kennedy James G. Lauck Litigation – Bankruptcy James A. Knauer
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Blog, Construction Law
Contract disputes remain most common problem in construction
According to the 2018 Global Construction Disputes Report, which found that contractual errors and omissions, poor contract administration and contractual misunderstandings are the leading causes of conflict. The report further found that such disputes take, on average, 18 months to resolve — an increase over 2016. Read the full article here
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Appearances, Banking and Commercial Transactions, Blog
Madalyn Kinsey attended the Annual ACMA meeting as State Chair
Formed in 1974, the American College of Mortgage Attorneys (ACMA) is comprised of more than 400 lawyers in North America who are experts in mortgage law. Madalyn S. Kinsey focuses her practice in the representation of financial institutions in commercial lending transactions, real estate financings, work-outs, floor plan financings, aircraft financing, and bank regulatory matters. She represents real estate developers and investors in the construction, acquisition, management, and leasing of commercial real estate projects. She represents business entities in complex financings and joint ventures. https://www.acmaatty.org/page/AboutACMA
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7 Attorneys from KGR Recognized in The Best Lawyers in America© 2019
Brian Bosma was selected for The Best Lawyers in America in the areas of Government Relations Practice and Closely Held Companies and Family Business Law. With a background in engineering, business and government, Mr. Bosma’s practice is concentrated in the areas of complex business and municipal transactions, municipal bonds and economic development matters. In addition to his legal practice, Brian has been a member of the Indiana House of Representatives since 1986 and is completing his fifth term as Speaker of the House. Greg Cafouros was selected for his Environmental Law expertise by The Best Lawyers in America©. Greg also uses his background as a professional engineer in his construction law practice, as well as in business litigation, real estate law, land use and zoning. He has been a certified mediator since 1996. Greg takes his dedication beyond the office by participating in environmental efforts through the Indy Parks Foundation, and enjoys hiking in Eagle Creek Park and cruising around the Reservoir. Jay Kennedy is celebrating 10 years on The Best Lawyers in America© list and has been selected for three categories: Banking and Finance Law, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, and Litigation – Banking and Finance. Jay has represented lenders, bankruptcy trustees and court appointed receivers in a multitude of different situations. Jay recently returned from a year-long sabbatical after traveling the United States with his wife, dog, camper, kayaks, and bikes. Madalyn Kinsey has been on The Best Lawyers in America© list for 15 years in the area of Banking and…
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Blog, Business
Out-of-state Sellers will soon be required to remit Indiana sales tax
The collection and remission of sales tax changed dramatically after the South Dakota vs. Wayfair decision by the US Supreme Court in June 2018. Now, states can collect sales tax from out-of-state sellers even if the seller has no physical presence in the state. The law goes into effect on October 1, 2018 and requires remote sellers to remit sales tax to Indiana if the seller has annual gross revenues from Indiana sales exceeding $100,000, or 200 or more separate Indiana transactions. Out-of-state companies are encouraged to use Streamlined Sales Tax Registration system at www.streamlinedsalestax.org to remit sales tax to multiple states (including Indiana). For those companies seeking to remit sales tax to only Indiana, remote sellers can register through the online portal, INBiz, at www.inbiz.in.gov. More information can be obtained from the Indiana Department of Revenue at https://content.govdelivery.com/accounts/INDOR/bulletins/201d096.
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Blog, Construction Law
No. 1 Cause of Construction Disputes
No. 1 Cause of Construction Disputes? The survey says: Errors and Omissions in contract documentation, due in part to poor design management Poor contract administration Owner/Contractor/Subcontractor failure to understand their contract E&O in contract documentation was the most common cause of disputes in North America for the fourth year running. The annual survey by Arcadis, the multi-billion global dollar consulting firm, documented their findings in a recent report: “Global Construction Disputes Report 2018”. The most common methods to resolve disputes were: Party to Party Negotiation Mediation Arbitration The average time to resolve a dispute took nearly18 months, an increase over 2016. The good news is that early resolution techniques, including mediation, resulted in an 82% success rate before trial. The lesson is that early communication with the project team, including your claim professionals and attorneys, can successfully resolve disputes without the need for trial. Arcadis’ complete report can be found here
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Blog, News, Press
Melissa De Groff Elected to Nora Community Council Board of Directors
Melissa J. De Groff, has been elected to the board of directors of the Nora-Northside Community Council (NCC). She will serve a two-year term. “I am very excited to put my professional skills and personal passions into advancing the goals of the Nora-Northside Community Council,” said De Groff. “With so many issues facing our area – and the entire Indianapolis metropolitan area as a whole – such as traffic planning, road and infrastructure maintenance, responsible commercial development, and ensuring the future of our public greenspaces, I hope I can play a key role in enhancing the quality of life for everyone in Nora.” De Groff, moved to the Driftwood Hills neighborhood of Nora in 2002. “We moved into a house only a few houses down the same street from where my late husband grew up, and our son was excited to attend his father’s middle school and high school,” De Groff explained. “From the start, I wanted to help protect our neighborhood, and the entire Nora area, from reckless development and ensure that everything that made Nora so appealing to us then was preserved for future residents.” About NCC: The Nora-Northside Community Council, Inc. (NCC) works to promote orderly growth and community enhancement within the Nora-Northside area encompassing 12 square miles with approximately 28,000 residents. NCC is a civic umbrella organization, not a neighborhood association, that promotes the general welfare of the community. NCC provides a forum for public discussion on matters of interest to the community, and distributes essential information to the Nora community….
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