Indiana Continuing Legal Education Forum – ICLEF

Law Tips: Indiana Criminal Background Checks

Employment law in Indiana is undergoing changes.  Are you up-to-date?  Law Tips is pleased to bring the latest information from our Employment Law faculty member Anthony Stites, Barrett & McNagny, Fort Wayne.  If you missed last week’s Law Tip relating to Indiana’s Right To Work Law, Click Here, you might to give it a glance after reading this update on Indiana’s Criminal Background Checks.

Indiana’s New Statute:
In addition to the EEOC publishing new guidelines on criminal background checks, Indiana has passed a background check statute. Effective July 1, 2012, applicants with restricted or sealed criminal records do not need to disclose such information on any application for employment.  Thus, an employer may not ask its applicants, or employees, including contract employees, whether the person’s criminal records have been sealed or restricted.

The new law also deals with infractions. These are minor offenses, usually traffic violations, that are not deemed criminal in nature and/or do not subject the offender to jail time.  Under the new law, if individual has committed an infraction has any judgment rendered and five (5) years has passed since the judgment, the clerk of the court cannot disclose any information regarding the infraction outside of the judicial setting.  The clerk of court cannot now disclose any infraction citation issued or related information if the infraction is not pursued by the court, is dismissed, or is later vacated.

What Change is Upcoming?:
Effective July 1, 2013, the law will further limit information available to employers.  At that time, employers will not be entitled to information of any infraction, arrest, or charge that did not result in a conviction; resulted in the record being expunged; any criminal record restricted by rule of court or by a judge; a record of a class D felony conviction if the conviction was reduced to a Class A misdemeanor; or any record that the provider knows to be inaccurate.

Employers may still ask the standard felony criminal conviction question with the appropriate follow-up. However, employees now can omit, without later consequences, disclosing any conviction which has been restricted or sealed and/or fits the exceptions above.

If you need a full review of ICLEF’s, Recent Developments in Employment Law Seminar it is available as a Video Replay throughout Indiana and is also available as an Online / On Demand Seminar, Click Here.

Thanks once again for the updates from our faculty member, Anthony Stites. These expert contributions maintain the quality of ICLEF’s programming and we appreciate the efforts.

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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 workers’ 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

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

One of the programs that should be part of your continuing legal education repertoire is the annual Indiana Law Update. Why? Quite simply, it is the finest scholarly review of the substantive trends, changes and developments in Indiana Law across a wide swath of practice areas. It is a great way to stay current, as well as obtain 12 of your mandatory credits, one of which also counts towards your ethics requirement. The materials are a fantastic resource, providing even greater depth long after the presentations conclude. Chief Judge Margret G. Robb of the Indiana Court of Appeals chairs the program, and part of the proceeds benefit law student scholarships through our co-sponsor, the Indiana University Robert H. McKinney School of Law Alumni Association. Make plans now, then register for this year’s program!

2012 Indiana Law Update, 12 CLE / 1 E
This program is no longer available as a Live In-Person Seminar. However, you can still view the Video Replay, the Online/On Demand Video or purchase the Publication of this Seminar by Clicking Here.
ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Featured Board of Directors Member:

James F. T. Sargent, III, Sargent & Meier, Greenwood, Indiana

ICLEF’s Board of Directors bring vital energy and steady guidance that has insured the organization’s quality performance for nearly 50 years.  Today in our online Board Feature we say thanks for your service to James F. T. Sargent, of Greenwood, Indiana.

Jim Sargent’s legal career began in 1961, after graduating from Hanover College and receiving his JD from Indiana University, Indianapolis.  Jim’s father, James F. T. Sargent, II, gave him the opportunity to try out the corporate law arena at his firm in Indianapolis; “but it just didn’t fit for me.”  Then, after a year at the Marion County Prosecutor’s office, Jim started his own law firm in Johnson County, Greenwood, Indiana.  There began his journey as a general practitioner with a concentration in family law.

When asked to give a few thoughts on changes in the family law area since he had his initial clients,  he described it as a complete overhaul. In his inimitable style, he said: “It was trial by ambush then.”  The guidelines and tools  that are in place now did not exist.  He remembers that there was no discovery, no mediation, no pre-trial conferences, no formula for child support, nor any remedy for a decision by a judge.  “Now, the judge has guidelines to follow and if he deviates from the guidelines, he has to explain why.”  An additional turn-around that Jim witnessed in his home county was the local counsel business.  “The lawyers in Marion County would bring their cases to Johnson County to a friendly judge. Many Johnson County lawyers made a living from local counsel cases alone.  Since the establishment of the guidelines, that is no longer the case.”

One of the aspects of practicing law that Jim especially values is his friendships with fellow attorneys. He reflects back many years to when he and Mark McNeely, a neighboring Shelby County attorney who serves currently as ICLEF’s president, agreed to develop together an ICLEF program on hot topics in divorce law.  This partnership led to the two men cooperating in activities that last to this day.  In fact, Jim recalls that he and Mark attended an ICLEF Board meeting together that sparked an interest in them both to serve in ICLEF leadership roles.  Mark is now the president of ICLEF and Jim is serving as the President’s Counsel, both of them having served in previous Board positions.

Jim Sargent doesn’t advertise on billboards, but he does recognize the value of networking, a tried-and-true marketing technique built into any successful lawyer’s psyche.  He knows that serving his profession and community will bring positive results in a myriad of ways.  And he will always be ready to ‘friend’ someone in his own style.

He could fill volumes with his memories of practicing law and the expertise he has acquired.  Another note Jim made during our recent chat about his career was that he enjoys mentoring opportunities with new lawyers, mentioning how proud he is of one of his interns that has moved on to be a successful lawyer in another firm.  For over twenty of his 50 years in Greenwood, he and his wife, Linda Meier, have practiced together as Sargent & Meier.  Their partnership is currently also benefiting ICLEF as they serve together on the Board of Directors.

Serving his community and his profession came naturally to Jim.  Early in his legal career, he became president of his local bar association and began other community relationships.  He participates in committees and sections related to his field of law in the state and nationally. Numerous ICLEF speaking engagements in his repertoire include family law, litigation and ethics.  At this time Mr. Sargent’s ICLEF faculty sessions are advanced CLE that involve live interactive programs.  You will need to catch up to him at one of our Masters Level events.

Thanks, Jim, for choosing to contribute to your profession through ICLEF.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN