Employment Law in Kentucky and Indiana

Our Employment Lawyer Provides Advice and Counsel to Employers

As an employer, your role is to ensure your business runs smoothly and profitably in a manner that complies with federal and state laws, regulations, and obligations. These come into play often, whether you are creating employment agreements, hiring or firing employees, or dealing with issues such as claims of job discrimination. Ensuring compliance with those obligations and keeping up with changes in the law can be time consuming for businesses that need to devote their time and attention to running the business, and it’s confusing for those who are not legally trained.

When mistakes are made, they may result in major problems with employees and the government that may lead to fines and lawsuits and negatively affect your business.  Fortunately, an experienced employment lawyer can prevent this from happening by ensuring that your business is set up correctly and follows the rules and regulations that apply to you.

At Church Langdon Lopp Banet Law, we provide cost-effective advice and counsel to employers so they can take care of their employees and business needs, avoid costly missteps and unnecessary litigation, and focus on what they do best. We assist employers in Kentucky and Indiana by ensuring that they not only meet legal requirements but also create a fair and productive work environment.

Why Choose Our Employment Lawyers

All lawyers are not the same, and it is important to find one with the experience and resources to handle complex employment law cases. Here are some reasons why we believe you should select the employment lawyers at Church Langdon Lopp Banet Law:

• We have the necessary experience.  Attorney Laurie Goetz Kemp focuses her employment law practice on assisting and defending employers in human resource and employment law matters as well as in training, setting up, and implementing proactive and effective strategies for handling employment issues.
• We know the federal and state laws and how they should be implemented. We can help employers understand and comply with laws such as the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, and the Americans with Disabilities Act (ADA).
• We provide a personalized approach. We understand that every employment situation is unique; we will examine your business operation and needs and treat you with the individual attention you deserve.
• We can defend you against accusations of violations and unfair practices. We know how to investigate your employment situation and gather evidence, such as from photos and videos and interviews with employees, customers, and witnesses, to build a strong defense.
• We know how to negotiate for fair solutions, but can advocate for you in the courtroom if your case does proceed to trial.

How Our Employment Attorneys Work for You

At Church Langdon Lopp Banet Law, our employment attorneys provide a wide range of business services that help prevent and deal with employment issues. These include:

• Developing personnel and employment-related policies and procedures.  Workplace policies must be in accordance with state and federal laws and be fair to all employees. We will review all current policies and make any changes and additions that are necessary.
• Preparing and updating employee handbooks. Developing comprehensive employee handbooks and workplace policies enables everyone to understand what is expected and can provide guidance on handling workplace issues, such as discrimination, harassment, and employee discipline. We can help draw up employee handbooks with policies and rules that work.
• Crafting, reviewing, and enforcing agreements and contracts. These may include employment agreements; separation agreements and packages; confidentiality agreements and restrictive covenants; non-disclosure and non-compete agreements; lease agreements; sales contracts; and partnership, franchisee, ownership agreements and other employment-related contracts. We will help ensure that these documents are done correctly and are legally sound, and we are prepared to enforce and litigate breaches if necessary.
• Providing counsel and guidance with respect to employee disciplinary matters and terminations, as well as wage/hour and benefits issues and other facets of the employer-employee relationship problems that may arise.
• Providing in-house training on best practices in all aspects of employment law for management and employees, including best practices to avoid employment litigation. Keeping everyone informed about changes in employment law, compliance requirements, and best practices can reduce the risk of legal issues’ arising in the first place.
• Responding to complaints and handling dispute resolution when conflicts arise in the workplace. Our lawyers can guide employers through the investigation process, ensuring that it is thorough and impartial, and help with any necessary corrective actions. We can mediate and negotiate to reach amicable solutions that minimize the risk of costly litigation and represent you in court if necessary.

Our Employment Attorneys Help with Employment Law Issues in Indiana and Kentucky

While federal laws apply to everyone, there are some differences in state employment laws that employers must know about.  The following are some important laws in Indiana and Kentucky:

At will: Both Indiana and Kentucky are “at-will” employment states. This means that, in the absence of an employment contract, either the employer or employee can terminate the employment relationship at any time, for any reason, and with or without notice. Still, when terminating employees, employers must be aware that employment laws protect employees from discrimination, harassment, and retaliation; employers must handle terminations sensitively and properly.

Minimum wage and overtime:  Indiana and Kentucky’s minimum wage laws generally follow the federal minimum wage rate. Employers must also pay overtime to eligible employees who work more than 40 hours in a workweek, typically at a rate of 1.5 times their regular rate of pay.

Unemployment and workers’ compensation insurance: Indiana employers are required to pay unemployment insurance taxes to the Indiana Department of Workforce Development and must provide workers’ compensation coverage to all employees subject to Indiana Code 22-3-2-2. Kentucky employers must pay unemployment insurance taxes to the Kentucky Office of Unemployment Insurance; Kentucky workers’ compensation laws require every employer with one or more employees to carry workers’ comp coverage, which covers employees’ medical expenses and lost wages if they are injured on the job.

Discrimination and Harassment: Employers in Indiana and Kentucky must adhere to state and federal laws prohibiting discrimination and harassment in the workplace based on factors such as race, gender, religion, and disability, and should have policies and procedures in place to address and prevent these issues.

Workplace Safety: Employers in both states must provide a safe working environment and comply with state and federal Occupational Safety and Health Administration (OSHA) regulations. This includes providing training and safety equipment and addressing workplace hazards to prevent on-the-job illnesses and injuries.

Employment Lawyers in Kentucky and Indiana Handle Litigation, Counsel, and Representation

The last thing any employer wants is to be faced with litigation over employment issues, but if this should happen, Church Langdon Lopp Banet Law’s commercial litigation attorneys can help. Our experienced and professional litigators will defend and fight for you, whether through negotiations to obtain a favorable settlement or through achieving dismissal or a favorable jury verdict in court.

Our attorneys have successfully represented clients in a wide range of cases, including:

• Claims of unlawful discrimination and retaliation under Title VII, the Kentucky and Indiana Civil Rights Acts, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Pregnancy Discrimination Act (PDA). Discrimination can manifest in a variety of ways, including hiring and firing practices, unequal pay or workplace harassment.  Protected statuses for employees under federal law include race, color, national origin, religion, sex, disability, and age.
• Claims of unlawful discrimination, retaliation, and/or violations of the Family Medical Leave Act (FMLA). The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage. Eligible employees are entitled to 12 workweeks of leave in a 12-month period.
• Claims of wrongful termination, as well as wrongful failure to hire or promote. In general, employees can be considered as wrongfully terminated only if they are fired for an illegal reason such as discrimination, retaliation, and breach of contract.
• Wage and hour disputes for violating Indiana or Kentucky laws. These claims can involve a variety of issues, including misclassifying employees as exempt or non-exempt, minimum wage violations, overtime pay disputes, and illegal deductions from paychecks.
• Breach of employment contract claims. Our employment lawyer can ensure employment documents are legally sound and help negotiate and enforce contracts when necessary.
• Defense of workers’ compensation retaliation accusations. We can help if an employee accuses you of retaliating in some manner after submitting a valid claim.
• Enforcement of non-compete agreements for violations. Non-compete agreements are typically used to protect an employer’s trade secrets or other confidential information when an employee leaves your business, and violations can cause severe problems.

Our attorneys are prepared to handle cases pending before state agencies, such as the U.S. Equal Employment Opportunity Commission (“EEOC”), Indiana or Kentucky Human Rights Commissions, or other state agencies, and we also have extensive experience handling these matters in both Indiana’s and Kentucky’s federal and state courts.

Get Help from Our Employment Lawyer in Kentucky and Indiana

Staying compliant with complex and changing employment laws is crucial for employers in Kentucky and Indiana, but the employment and business lawyers at Church Langdon Lopp Banet Law are here to help. No matter what your issues, we can provide individual counseling and guidance to make sure you meet legal requirements and create a fair and productive work environment that prevents problems from arising. We know employment laws, and we make it our goal to acquire a comprehensive knowledge of our clients and their business so we can provide tailored solutions that benefit both the company and its employees.

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Call us today at (812) 513-1098 for an initial consultation to see what we can do for you.

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Attorney April Geltmaker

Well known Southern Indiana Attorney, April Geltmaker, has joined CLLB (Church, Langdon, Lopp, Banet) Law as the newest attorney. Geltmaker joins the CLLB Firm after serving as General Counsel for Greater Clark County Schools. . [ Attorney Bio ]