JACKSON KELLY PLLC “PUBLIC LAW MONITOR”

BY Joshua Claybourn who is Counsel in Jackson Kelly’s Evansville Office.

Injunction Issued For New Overtime Rules

A federal judge issued a nationwide injunction blocking a sweeping Department of Labor (“DOL”) regulation set to qualify millions more Americans for overtime pay beginning December 1. The rule would require employers to start paying overtime to certain “white collar” workers earning salaries of less than $47,476 a year—a threshold many say is too big a jump from the current $23,660 last updated in 2004. Judge Mazzant in the order said the challengers had made a sufficient case “that the Department’s salary level under the Final Rule and the automatic updating mechanism are without statutory authority.”

Even without court action, the fate of the rule was far from certain because it also faces a possible strong challenge from Donald Trump, who has vowed to roll back business regulations. DOL may appeal the ruling, but the next administration may instruct DOL not to continue defending the suit.

Notably, twenty-one states who were included as plaintiffs also asked the Texas district court to overturn Garcia v. San Antonio Metropolitan Transit Authority (1985), where the U.S. Supreme Court held that the Fair Labor Standards Act applies to the states. The district court noted only the Supreme Court may overturn its precedent, but it also indicated the states made a persuasive argument against Garcia which could later be heard by the Supreme Court.

Indianapolis Tries To Claw Back $380,675 In Incentives

Indianapolis Mayor Joe Hogsett has begun the process of clawing back $380,675 in tax incentives granted to Rexnord Corp. as the firm prepares to fold its local operations and move the work to Mexico. Rexnord had claimed the incentives under a 2009 agreement which provided a five-year personal property tax abatement. Although Rexnord retained its workforce for five years after its agreement with the city, the memorandum of understanding “stipulates that the city can monitor Rexnord for compliance during the five-year period of tax abatement and for two years afterwards,” said Taylor Schaffer, a spokeswoman for Hogsett. Click here for more from the Indianapolis Star.

Man Sues After Losing Election To Dead Candidate

A Democrat who ran for the Allen County Council is challenging the results because one of the three contested seats went to a candidate who died shortly before the election. Palermo Galindo says Republican Roy Buskirk should never have been certified as one of the three winners because he died of cancer on Nov. 4, four days before the election. Galindo filed a lawsuit Tuesday against the Allen County Election Board. Galindo was the fourth top vote-getter in the election and his attorneys argue one of the three contested seats should be his because Republicans did not fill the ballot vacancy created by Buskirk’s death.

ACLU Sues Franklin Township Schools Over Christian Prayer

A man represented by the American Civil Liberties Union of Indiana has filed a lawsuit challenging the Franklin Township School Board’s alleged policy of opening meetings with exclusively Christian prayers. The suit filed Tuesday on behalf of Duane Nickell before Judge Tanya Walton Pratt in U.S. District Court for the Southern District of Indiana seeks an injunction and a declaration that the practice violates the First Amendment of the U.S. Constitution. The complaint alleges that prayers are given by school board members and are “invariably Christian with the School Board member-officiant referring to Jesus or Christ.

FOOTNOTE: Joshua Claybourn is Counsel in Jackson Kelly’s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance. Learn more here.

Indiana State Police Will Be Conducting Sobriety Checkpoint This Weekend In Warrick County

Indiana State Police will be conducting a sobriety checkpoint this upcoming weekend. The exact location, date and time will not be released.  Motorists that are not impaired can expect only short delays of 2-3 minutes while passing through the checkpoint.

Troopers encourage all motorists to call 911 or the closest Indiana State Police Post when they observe another motorist that may be impaired.  Be prepared to give a description of the vehicle, location and direction of travel.

The Indiana State Police are committed to traffic safety and will continue to conduct saturation patrols and sobriety checkpoints to apprehend impaired drivers and to deter others from drinking and driving.

Sen. Becker Begins New Term, Kicks Off 2017 Budget Session

State Sen. Vaneta Becker (R-Evansville) gathered with fellow legislators today at the Statehouse for Organization Day — the ceremonial start of the 120^th Indiana General Assembly. Becker took the oath of office, officially beginning a new term as the State Senator representing District 50.

Indiana Supreme Court Chief Justice Loretta Rush led the swearing-in ceremony.

Organization Day is marked by the swearing in of new and re-elected General Assembly members as well as the annual first roll call of all state lawmakers. This day also provides each Senate and House of Representatives caucus with the opportunity to organize before session officially reconvenes on Jan. 3.

The 2017 session is a budget year, meaning lawmakers will craft a comprehensive plan to fund state government services for the next two years. By law, the 2017 legislative session must be completed no later than April 29.

“In the upcoming months, I will continue to advocate for economic growth policies that make Indiana a great place to live, work and raise a family,” Becker said. “As the General Assembly crafts the state’s two-year budget, Hoosiers can be assured that I will keep Indiana’s schools and infrastructure a top priority.”

As the 2017 session gets under way, Becker encourages residents of Senate District 50 to contact her with any questions or comments they may have. Becker can be reached via email at Senator.Becker@iga.in.gov or by phone at 1-800-382-9467.