The Federal Trade Commission Act, 15 U.S.C.S. §§ 41-58, authorizes the FTC to investigate and prevent unfair methods of competition that affect commerce. Section 5 of the Act empowers the FTC to curb “unfair competition” and declares such methods of competition in or...
As is common with a change in President, there are bound to be proposed changes to administrative regulations affecting employers. Such is the case Biden Administration with the Department of Labor (“DOL”) and the test applied to determine whether an individual can be...
In a recent 2023 case, the Indiana Court of Appeals determined, in part, that you can be too old to adopt a child. An 8 year old child was the subject of this recent Appellate case, In re: the Adoption of P.J.W. In this case, the child’s Mother was deceased and had...
On October 17, 2023, the Indiana Supreme Court issued an order amending the state’s Child Support Rules and Guidelines. These amended rules and guidelines will go into effect on January 1, 2024. These amendments are primarily the result of a need to recalculate and...
On May 24, 2023, members of the Beckman Lawson Creditor’s Rights, Collections, and Business Support practices presented training programs for 30+ attendees from 10 financial institutions. Ed Kos presented a session titled “ RED FLAGS – What To Do When You See Them...
Today, the Department of Labor proposed new regulations under the Fair Labor Standards Act (“FLSA”) that would increase the salary amount employers must pay employees classified as exempt from overtime. The Department of Labor’s proposed rule...
In some family law cases there is a person appointed to represent the best interest of the child. The guardian ad litem, or “GAL,” is appointed by the court to represent the best interest of the child pursuant to Indiana Code 31-9-2-50. Indiana law states that...
Did you know that there is no legal presumption or legal rights to a child if you are unmarried? Whereas a married man is presumed to be the father of any child born during the marriage, if you’ve in a long-term relationship but never married...
In Indiana, an adult can adopt another adult. Any person over the age of 18 is considered an “adult” for adoption purposes. Adoption of an adult creates the same legal relationship with the adoptive parents as an adoption of a minor child. The individual’s birth...
Beginning June 27, 2023, employers with 15 or more employees are required to provide reasonable accommodation to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an undue...
For those considering filing a lawsuit, the Indiana Supreme Court may have found the right idea to improve the efficiency of our justice system. With the Pathways Pilot Program, some judges will be assigning new cases to specific “paths” in order to decrease the...
In In the Matter of Rafael Antonio Ramirez Flores, Debtor filed a petition for relief under Chapter 13 bankruptcy. Secured creditor, Gaeta Auto Sales (“GAS”), failed to file a proof of claim or object despite receiving notice of Flores’ bankruptcy. The debtor’s plan...
Imputed Fraud Liability Not Dischargeable in Bankruptcy On February 22, 2023, the U.S. Supreme Court handed down its opinion in Bartenwerfer v. Buckley, 143 S. Ct. 665 (2023), in which the Court held that a debtor...
On March 21, 2023, the Indiana Supreme Court ruled on an issue that could have a lasting impact on Indiana financial institutions and businesses that change terms of contracts upon notice to their customers. In this case, the plaintiffs, Cliff and Wendy Decker,...
The Indiana Court of Appeals recently heard a custody dispute over a family’s dog, in a case decided on March 15, 2023. As part of a Mother and Father’s divorce trial, ownership of the family’s pet dog was in dispute. Evidence regarding who should be awarded ownership...
This Memorandum relates to a recently proposed rule from the Federal Trade Commission that would ban almost all non-compete clauses nationwide. Below is a summary of the background of the Proposed Rule, its text and effect on businesses, and potential challenges to...
Holiday parenting time is controlled by when a child is out of school, therefore, your situation may need to be adjusted by a day or two. However, for those parents who follow the Indiana Parenting Time Guidelines, the following formula dictates parenting time over...
New COVID stimulus checks are starting to hit bank accounts today. For couples who are legally separated or who initiated a divorce action since filing their 2019 income tax returns, how and who receives these payments can be a contested issue. The stimulus...
Thanksgiving is difficult for parents following divorce because your dining room table certainly seems empty without your children if your current agreement or current co-parenting relationship doesn’t allow room to share the holiday in some way. If...
Previously, the EEOC issued guidance stating that employers could require employees to be vaccinated for COVID-19 subject to reasonable accommodations provisions of Title VII, the Americans with Disabilities Act, and other Equal Employment Opportunity considerations. ...
EXECUTIVE SUMMARY: With growing availability of vaccines, many employers are considering whether and how to ensure that their workforce remains safe in anticipation of getting their operations back to normal. To meet this need, employers can adopt either a...
Real Estate Law Update: New Notary Requirements by Pat Hess REAL ESTATE LAW UPDATE: EFFECTIVE JULY 1, 2020, there are immediate changes to the legal requirements for witnessing and signing documents associated with the sale of real estate. If...
As we continue to deal with our new COVID-19 reality, employers need to consider how employee lay-offs and terminations affect health plan eligibility. PART II We previously addressed what employers needed to do immediately. This article addresses the...
Although we’re still awaiting the final regulations, the DOL issued has issued some preliminary guidance on several of the unanswered questions in the FFCRA. You’ll find the complete Q&A here. In particular, the DOL has defined the...
In the midst of the current COVID-19 national emergency and global pandemic, parents everywhere are heeding the call to stay inside. And for parents with shared custodial arrangements, the inclination of some parents is to remain “hunkered down” in their home, fearing...
The Families First Coronavirus Response Act was enacted on March 18, 2020. The new law takes effect on April 2, 2020 and will remain in effect until the end of the calendar year. The law contains broad provisions responding to the COVID-19 pandemic. This article...
