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Labor & Employment Law Alert - Indiana Governor Expected To Sign Bill That Would Restrict Local Government Entities from Setting Laws on Leave

March 28, 2013   |   Atlanta | Chicago | Columbus | Delaware | Elkhart | Fort Wayne | Grand Rapids | Indianapolis | Los Angeles | Minneapolis | South Bend

Download a PDF of the Barnes & Thornburg LLP Labor & Employment Law Alert, "Indiana Governor Expected To Sign Bill That Would Restrict Local Government Entities from Setting Laws on Leave"

The Indiana legislature recently passed a bill limiting a local government entity’s ability to regulate private employers within its territorial boundaries. Senate Bill No. 213, set to be signed into law by Governor Mike Pence, specifically restricts a county, city, town, or township from requiring that an employer provide employees any benefit, term of employment, working condition, or an attendance or leave policy that exceeds the requirements of federal or state law.

The bill’s intent was to establish uniformity regarding employee benefits (e.g. minimum wage rate). Lawmakers have since realized, however, that the bill has an unintended consequence. As written, the bill nullifies local anti-discrimination ordinances that provide more protection to employees than state or federal law (e.g. sexual orientation and gender identity). This is problematic given the fact that municipalities are increasingly enacting anti-discrimination ordinances of this nature. Thus, Senate Bill 213 underscores a tension employers will likely continue to see moving forward.

To obtain more information, please contact the Barnes & Thornburg Labor and Employment attorney with whom you work, or a leader of the firm’s Labor and Employment Law Department in the following offices:

Kenneth J. Yerkes, Chair (317) 231-7513; John T.L. Koenig, Atlanta (404) 264-4018; Norma W. Zeitler, Chicago (312) 214-8312; William A. Nolan, Columbus (614) 628-1401; Eric H.J. Stahlhut, Elkhart (574) 296-2524; Mark S. Kittaka, Fort Wayne (260) 425-4616; Michael A. Snapper, Grand Rapids (616) 742-3947; Peter A. Morse, Indianapolis (317) 231-7794; Scott J. Witlin, Los Angeles (310) 284-3777; Tina Syring Petrocchi, Minneapolis (612) 367-8705; Janilyn Brouwer Daub, South Bend (574) 237-1139; Teresa L. Jakubowski, Washington, D.C. (202) 371-6366.

© 2013 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is proprietary and the property of Barnes & Thornburg LLP. It may not be reproduced, in any form, without the express written consent of Barnes & Thornburg LLP.

This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.

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