Law Tips: Indiana’s Right to Work

ICLEF Law Tips: Indiana’s Right to Work

Are your clients compliant with Indiana’s current employment laws? Perhaps our Law Tips contributor in this area of the law has information that highlights a concern or clears up an issue.

Thank you to our faculty member Anthony Stites, Barrett & McNagny, LLP, Fort Wayne, Indiana, for his recent update on Indiana Employment Law.  Law Tips is pleased to pass along his advice in key areas for our readers.  We’ll begin with an overview on the “Right To Work Law:”

Indiana recently became the 23rd state to have a Right to Work law.  The Law makes it unlawful for any employer or labor organization to require an individual to:

1. Become or remain a member of a union;

2. Pay dues, fees, assessments or other charges of any kind or amount to a labor organization; or

3. Pay to a charity or third party an amount that is equivalent to a pro rata part of the dues, fees or assessments or other charges required of members of labor organizations as condition of employment or continuation of employment.

The law also provides that it is unlawful to have any contract or agreement between a labor organization and an employer which violates the above. Any entity or person who knowingly or intentionally violates this mandate commits a Class A misdemeanor.

The law does not apply to employees of the United States or to any employers or corporations owned by the United States, employees subject to the Federal Railway Labor Act or an employee of the State.

Any individual may file a complaint with the Attorney General, Department of Labor or the prosecuting attorney of the county in which the individual is employed and that entity may investigate the complaint and enforce compliance if a violation is found.

An individual may bring a civil action if that individual suffers an injury as a result of any act or practice that violates this law and a court may award damages equal to the greater of:

a. Actual consequential damages or liquidated damages of not more than $1 ,000;

b. Reasonable attorneys’ fees, litigation expenses, and costs;

c. Declaratory or equitable relief, including injunctive relief.

It is also important to note that the law only applies to agreements entered into, modified, renewed or extended after March 14, 2012 and does not apply or abrogate a contract that is already in effect on March 14, 2012.

This update, along with other relevant subject matter, is presented during the ICLEF seminar, “Recent Developments in Employment Law” that is available as an Online / On Demand Seminar. The E-publication is also available.

I appreciate Mr. Stites’ involvement in our Law Tips blog.  Stay tuned for another current Employment Law topic next week

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About our Law Tips faculty member:
Anthony Stites, partner with Barrett & McNagny LLP, Fort Wayne, Indiana, represents business entities, ranging from very small to Fortune 100 companies, in handling all facets of their employment matters, including contract negotiations, labor arbitrations, NLRB proceedings, discrimination charges and suits, and worker’s compensation claims.

About our Law Tips blogger:
Nancy Hurley, Law Tips blogger, has long-standing connections with Indiana lawyers.  She was formerly a member of the ISBA and IBF staffs for over 30 years. Nancy’s latest lifestyle venture is with ICLEF. We plan to utilize her exceptional writing and interviewing skills while exploring how her Indiana-lawyer background fits with ICLEF’s needs.  When she isn’t ferreting out new topics for Law Tips, her work can be found in our Speaker Spotlight blogs, postings on the ICLEF Facebook page, Twittering and other places her legal experience lends itself.

We appreciate you reading Law Tips.  If you would like to receive this weekly blog through a feed, click on the RSS link at the top of this page. Also, look for blog updates on Facebook  and Twitter.  Your comments are welcome as Nancy continues to sift through the treasure trove of knowledge of our expert faculty to share with you on Law Tips.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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