Indiana News & Analysis

  • Coming out of hibernation: a few things to consider when reopening your business

    From: Indiana Employment Law Letter | 07/01/2020
    by Saul C. Glazer, Axley Law Firm

    We have collectively gone through what we hope to be a once-in-a- lifetime experience in which many of us have been working remotely, keeping our children from permanently injuring themselves, and preparing for a trip to Trader Joe's as if we were part of a Navy SEAL team. COVID-19 has affected us in different ways, especially if we've lost a close relative or friend or contracted a severe case of the virus ourselves. The Midwest is seeing some improvement in terms of a lower daily number of new cases and deaths, but certain pockets continue to spike, and the crisis is far from over. As we gradually return to a hybrid normal, between the way it was before the coronavirus and the way it has been for the past few months, we must remain vigilant in our common sense efforts to continue on a path where the outbreak is simply a bad memory.

  • COVID-19's impact on summer trips: what you should know about vacation requests

    From: Indiana Employment Law Letter | 07/01/2020
    by Katherine F. Cser and Rebecca Seguin-Skrabucha, Bodman PLC

    With summer in sight, Michigan employers can expect to receive an uptick in vacation requests. When employees try to return from their travels, however, a patchwork of coronavirus-related administrative guidance and executive and county orders may pose unforeseen consequences.

  • Female coach sprints toward trial on sex stereotype discrimination claim

    From: Indiana Employment Law Letter | 07/01/2020
    by Kelly Smith-Haley, Fox, Swibel, Levin & Carroll, LLP

    It's 2020, yet sex stereotyping and differential treatment are still issues many applicants face when they interview with employers. A recent case from the U.S. 7th Circuit Court of Appeals (whose decisions apply to Illinois, Indiana, and Wisconsin employers) provides important guidance on what sex stereotyping and differential treatment can look like. HR managers tasked with hiring, furloughing, and terminating employees during the COVID-19 pandemic will want to read the recap to ensure they aren't letting gender stereotypes influence their decisions.

  • Michigan permits construction, real estate, and other industries to resume work

    From: Indiana Employment Law Letter | 07/01/2020
    by Katherine Cser and Gary S. Fealk, Bodman PLC

    On Friday, May 1, Michigan Governor Gretchen Whitmer issued Executive Order (EO) 2020-70, replacing EO 2020-59 and permitting some industries to return to work in phases.

  • Previous accommodations fail to cancel obligation to engage in interactive process

    From: Indiana Employment Law Letter | 07/01/2020
    by Jourdan D. Day, Porter Wright Morris & Arthur, LLP

    The 6th Circuit (which covers Michigan and Ohio as well as Kentucky and Tennessee) recently reversed the dismissal of a disability discrimination claim against an employer. The employee had requested a transfer to another position, but the appellate court said the employer failed to engage in the interactive process in good faith.

  • Michigan opens retail, bars, and restaurants in the Upper Peninsula and Traverse City

    From: Indiana Employment Law Letter | 07/01/2020
    by Brent R. Scott, Bodman PLC

    Bars, restaurants, and retailers have been tremendously affected by the COVID-19 pandemic and resulting government-mandated limits. On Monday, May 18, however, Michigan took its first major step toward reopening when Governor Gretchen Whitmer signed Executive Orders (EOs) 2020-91 and 2020-92.

  • Park district loses game, set, and match by not playing nice in the sandbox

    From: Indiana Employment Law Letter | 07/01/2020
    by Steven L. Brenneman, Fox, Swibel, Levin & Carroll, LLP

    A recent decision from the 7th Circuit upheld a large jury verdict for a fired Chicago Park District employee. The case illustrates how the game should not be played.

  • Order bans retaliation against Michigan employees during COVID-19 pandemic

    From: Indiana Employment Law Letter | 07/01/2020
    by Melissa Tetreau, Bodman PLC

    Michigan employers must proceed with caution before disciplining an employee for refusing to work during the COVID-19 outbreak, according to Governor Gretchen Whitmer's Executive Order (EO) 2020-36.

  • Q - A: When an employee on FMLA leave intends not to return, you can discharge him

    From: Indiana Employment Law Letter | 07/01/2020
    by Elizabeth C. Stephens, Axley Brynelson LLP

    Q If an employee on Family and Medical Leave Act (FMLA) leave submits a letter signaling his intent to resign at the end of his leave, do we have to wait until the leave is over, or can we terminate the employee now?

  • Q - A: No need to offer COBRA when employee fired for gross misconduct

    From: Indiana Employment Law Letter | 07/01/2020
    by Rachel E. Burke, Porter Wright Morris & Arthur, LLP

    Q We fired an employee because of theft, and he is currently incarcerated. Do we have to offer COBRA due to these circumstances?