by Burke Costanza & Carberry LLP | Jul 2, 2014 | Labor and Employment
Indiana’s Defense of Marriage Act (DOMA), which prohibited same-sex marriage and refused to recognize same-sex marriages from other states, was ruled unconstitutional on June 25, 2014. Chief Judge Richard L. Young entered a final judgment in three federal lawsuits... read more
by Burke Costanza & Carberry LLP | Feb 3, 2014 | Labor and Employment
I do my best to stay up to date with developments in the law. A couple of weeks ago, I posted an entry relating to federal legislation that is proposed that will impact employers. In turn, I chose to review proposed state legislation relating to employment matters.... read more
by Burke Costanza & Carberry LLP | Jan 6, 2014 | Labor and Employment
As the new year begins, it is always interesting to see what lawmakers have in store for the coming year. One of the more interesting things to review are pieces of proposed legislation currently in play in Washington D.C. that could have a significant impact on... read more
by Burke Costanza & Carberry LLP | Dec 30, 2013 | Labor and Employment, Litigation
The Seventh Circuit Court of Appeals, which covers Indiana, Illinois, and Wisconsin (7th Circuit) went against a strong trend in litigation involving Title VII of the Civil Rights Act of 1964. The 7th Circuit rejected the use of an affirmative defense that the Equal... read more
by Burke Costanza & Carberry LLP | Dec 30, 2013 | Labor and Employment
The Seventh Circuit Court of Appeals, which covers Indiana, Illinois, and Wisconsin (7th Circuit) went against a strong trend in litigation involving Title VII of the Civil Rights Act of 1964. The 7th Circuit rejected the use of an affirmative defense that the Equal... read more
by Burke Costanza & Carberry LLP | Dec 23, 2013 | Labor and Employment
About once a year, I feel compelled to address a common problem in employment matters – “non-employee” misclassification. This occurs for a couple of reasons. First, I spend a lot of time every year speaking with clients regarding classification issues. Second,... read more
by Burke Costanza & Carberry LLP | Dec 11, 2013 | Labor and Employment
Any employer who has Health Reimbursement Arrangements (HRAs) needs to take time to review its employee benefit plans to ensure the plans satisfy current requirements under the Affordable Care Act (ACA). HRAs Generally:HRAs are generally subject to the Employee... read more
by Burke Costanza & Carberry LLP | Dec 10, 2013 | Labor and Employment
A recent class action lawsuit caught my attention as I was reading the morning legal updates. It is interesting because it was filed by a group of surgery centers against roughly three hundred (300) employers. The defendants include large companies (e.g., Amazon,... read more
by Burke Costanza & Carberry LLP | Dec 6, 2013 | Business & Commercial Litigation, Business and Personal, Labor and Employment
Employers who want to protect their businesses should consider using restrictive covenants. The most common restrictive covenants include non-compete agreements, non-solicitation agreements, and confidentiality agreements. Careful consideration to the following... read more