Unemployment benefits - new case

Today's Indiana Lawyer Daily reports the Indiana Court of Appeals decided a new unemployment benefits case. I have not had time to read the case, but here are the highlights from the article:

Individuals who voluntarily quit a job in order to take care of a physically disabled relative are not entitled to unemployment benefits, the Indiana Court of Appeals ruled today.

In Mildred Whiteside v. Indiana Department of Workforce Development, Unemployment Insurance Review Board and Division of Family & Children, 93A02-0703-EX-229, Whiteside appealed the decision of the Review Board of the Indiana Department of Workforce Development to deny her claim for unemployment benefits, saying the denial was contrary to Indiana law.

Whiteside was a full-time employee at the Indiana Division of Family & Children and voluntarily left her job in September 2006 to provide care for her quadriplegic son. She requested and was denied family medical leave because she had not worked the required 1,250 hours in the previous 12 months. She had previously used FMLA leave to assist in her son's rehabilitation. After she resigned, Whiteside filed for unemployment benefits, which both the Indiana Department of Workforce Development and an administrative law judge denied. The administrative law judge concluded Whiteside voluntarily left her job without good cause in connection to her work. Whiteside appealed, and the Review Board affirmed the judge's decision.

Entrepreneur Magazine

I want to mention, again, that this magazine offers a lot of useful information for starting a business, looking to buy a franchise, or small businesses in general. So check out Entrepreneur.com.

Speaking of starting a business, the site has a blog on this subject: Up and Running: Starting your business with growth in mind

Reading around: Employment and business law blogs

Thanks to a week of nursing a strained back, neither my writing on this blog or my reading have been very prolific.

Today's business blog is Steven Carlson's Business Opportunities Weblog. While not a "how=to" blog, I think those thinking of a business or just starting a business may still find it interesting for its reviewing those who took the dare and became successful with their business.

Then there is Clientelevision. Here is the business page for this site. What you get here are some short videos. Rather interesting, actually.

Good advice about debt and credit

Yes, it is from the Scottish Sunday Herald, but Tackling debt must start with some real home truths has some good advice transcending borders:

If you are struggling to cope with your debts, there are several ways to get your finances under control.

The first rule is not to ignore the problem - it won't go away. You need to face up to your debts and discuss the situation with your family.

Next, draw up a budget and honestly assess your incomings and outgoings. It will help you get things straight and could be useful if you have to negotiate with creditors. Ask yourself whether you can cut down on spending, or cut the cost of your debt. You might, for example, be able to find a cheaper mortgage or a credit card with a lower interest rate.

Some people consolidate their debts into one loan that runs for 10 or 15 years. The longer term brings the monthly payments down, but you will pay more in total interest, which could make the situation worse. Experts also warn of the risks of taking out a bigger mortgage to pay off debts or arranging a separate loan secured against your house. If you fall into arrears, you could lose your home.

Try to prioritise your debts. Boden Wilks said: "You know when a debt is a priority because you will lose something if you don't pay it. So, pay your mortgage, rent and essential household bills." Finally, contact creditors if you are struggling to meet commitments.

The Internet and Franchising

The following is from August 2007 Franchising World and worth considering by both franchisees and franchisors. When I read this I was thinking - "Yes, that is obvious." Then I realized that I had not thought of it before reading the article.

With increasing use of the Internet, the list of de-identification tasks continues to expand. Tech-savvy franchise systems now include provisions in their franchise agreements preventing franchisees from using any of the brand’s trademarks, or derivatives of those trademarks, in their Web addresses or uniform resource locators known as URLs. Most franchise companies now also check the Web sites of terminated franchisees to make sure that these sites were deactivated or, at a minimum, no longer reference the franchise company or any of its trademarks or bear any of the system’s logos.

Internet violations on a former franchisee’s Web site are analytically-similar to old-fashioned signage violations, as are violations on third-party Web sites where the former franchisee signed up, and perhaps paid a fee to be listed. In those cases, since a former franchisee caused the problem, he continues to be responsible and must correct it. If a former franchisee refuses to correct the problem, a court will probably compel him to do so. But what if a former franchisee is less-directly involved in creating the problem?

Do read the whole of the article.

The Wine Spectator on Indiana's Wine Shipping Law

Thanks to the Indiana Law Blog for pointing me to the Wine Spectator's article Indiana and Oregon Change Laws on Direct-to-Consumer Wine Shipments. The article has this to say about the future prospects for Indiana's law:

Because the judge focused on those two particular elements of Indiana's law, the state's existing direct-shipping rules remain intact. So long as the wineries are willing to ship and the courier services such as FedEx and UPS are willing to deliver, direct wine shipments to Indiana residents can commence. Unfortunately, however, Indiana consumers can't count their chickens just yet. Since the law is written to limit individual households to 24 cases per year rather than the wineries themselves, the wineries have no way of knowing if they'll be sending, say, the 25th case to a particular Indiana resident, and therefore violating the law. It's a risk some wineries are willing to take—but not all of them.

"Right now we are not shipping but are informing our Indiana wine lovers that we need their help to fix poor legislation," said Dennis Cakebread, director of marketing for Cakebread Cellars in Napa, Calif.

Despite that remaining barrier in Indiana, the state's wine wholesalers are unhappy with the decision. "We think the judge erred," said Jim Purucker, executive director of the Wine & Spirits Wholesalers of Indiana. "We think the legislature has the right to regulate alcohol under the 21st Amendment, and it's unfortunate that the legislature tried to do their best to … treat everybody equally, but I guess that didn't satisfy the judge. There are other places around the country where the face-to-face provision has been upheld. We would hope that on appeal his decision would be overturned."

Whether such an appeal will be filed, however, remains to be seen. "We're evaluating what we're going to do. A determination hasn't been made yet," Purucker said. Part of the reason may be, as Tanford pointed out, that if the state does not appeal a decision in which it was involved, a private third party, the wholesalers' association in this case, usually lacks the grounds to do so.

They’ll also face formidable opposition. In the months leading up the court decision, a group of Indiana consumers, led by Indiana resident Allen Dale Olson, formed an advocacy group called VinSense to fight the state's shipping laws. The only other state to see a group of consumers unite in protest of its direct-shipping laws was Michigan, one of the two states at the center of the 2005 Supreme Court decision.

VinSense has a website here. Do check it out.

Federal Trade Commission and Mail or Telephone Order Merchandise

The FTC seeks public comment on its Mail or Telephone Order Merchandise Rule
(``MTOR'' or ``Rule''). The request for public comments can be found here.

Alcoholic beverages: new rule

Yesterday, the Alcohol and Tobacco Tax and Trade Bureau put into effect a new rule on authorized materials and processes for wine. You can find the full text of the rule here but this is the summary:

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau is adopting as a final rule, with minor technical changes, temporary regulations that revised the list of materials authorized for the treatment of wine and juice and the list of processes authorized for the treatment of wine,juice, and distilling material. The regulatory amendments involved the addition of new materials and processes and changes to the limitations on the use of certain approved materials.

Indiana Business Bankruptcies

The September 10 Indianapolis Star published the following list of business bankruptcies filed in theSouthern District of Indiana between August 30 and 31:

Chapter 7 (liquidation)

Choice OK Used Cars, 3315 Madison Ave., Suite C, Indianapolis. D, $156,828; A, none.

MKT Inc., 336 W. Broadway St., Shelbyville. D, $1,675; A, none.

Chapter 11 (reorganization)

WRR Inc., d/b/a State Plating, 450 N. 9th St., Elwood.

These bankruptcies were filed

Aug. 11-29.

Chapter 7 (liquidation)

King Group Printing and Consulting Inc., P.O. Box 58, McCordsville. D, $2,967,274; A, $179,713.

K & A Cleaning Services Inc., d/b/a A & J Cleaning, 712 Prince Drive, Newburgh. D, $250,811; A, $11,292.

Chapter 11 (reorganization)

Rotz Engineers Inc., 2828 N. High School Road, Indianapolis. D, $11,830; A, $355,900.

PBT Investment Group, 220 W. Washington St., Lebanon. D, $600,556; A, $745,823.

This bankruptcy was filed July 30.

Chapter 7 (liquidation)

Strubbe Excavating 637 W. U.S. 40, Greenfield. D, $665,139; A, $46,516.

Dating in the workplace - good article

The Mercury News published What not to do if love is in the air, a fairly good description of what not to do when dating co-workers. While the article lacks a technical discussion, this lack is made up by it clarity. Here are a few examples:

• Unless you're a porn star, your job description won't mention getting horizontal with your peers or your boss. You were hired to do a job; unwanted overtures are illegal and should be immediately reported to a supervisor.

• Make sure that what happens privately stays private. Keep the relationship separate from work. Maintain a professional appearance and don't let your performance suffer - your boss or co-workers won't have a reason to think your priorities are out of whack.

• It may be hard to chase away Cupid, but make a plan before starting the romance "so it's not the kind of decision made in one drunken happy hour," says Dave Borgenicht, author of "The Worst-Case Scenario Handbook: Work." "You should definitely consider the repercussions and make sure it's going to be worth your while

Employer or employee should follow the link above and read the remainder of the article.

Indiana Wage Claims Statute and Paid Time Off

I think we are seeing more cases involving Wage Claims Statute, Ind. Code § 22-2-9 (2004). The latest is Reel v. Clarian Health Partners, Inc. (PDF format)

Clarian relied on its employee manual on when to pay Paid Time Off wages (PTO wages). The Court of Appeals relied on the Indiana Supreme Court's decision in Naugle v. Beech Grove City Schools, 864 N.E.2d 1058 (Ind. 2007). The Court of Appeals held that the statute controlled:

Here, the Wage Claims Statute, Ind. Code § 22-2-9-2(a), provides that “[w]henever any employer separates any employee from the pay-roll, the unpaid wages or compensation of such employee shall become due and payable at regular pay day for pay period in which separation occurred[.]” The Wage Claims Statute by its terms mandates compliance. See Naugle, 864 N.E.2d at 1065 (holding that the Wage Payment Statute “by its terms mandates compliance”). The PTO compensation vested when the Named Plaintiffs rendered their services. See Die & Mold, Inc. v. Western, 448 N.E.2d 44, 47-48 (Ind. Ct. App. 1983) (Quotation omitted). Thus, the Wage Claims Statute and not Clarian’s policy governs the payment of the PTO wages....

Employers need to double check their policies and employees need to know that wages are due ten (10) days after termination.

Business resource - people finders

Sometimes you need to find information on a contact or a company. Here are two resources to do just that.

• Zoominfo
• Wink
  

Patent news

I refer my patent work out but still I thnk anyone practicing business law needs to know something about patents. If the computer revolution taught us anything, it is the importance of intellectual property for businesses.

Yesterday, The Washington Post published House Approves Comprehensive Patent Overhaul. Reforming patent law can only be described as tricky but bill does have bipartisan support but does not mean the bill lacks enemies:

Because much of the bill is perceived to be favorable to targets of patent-infringement suits rather than patent holders, it has attracted passionate support from big technology companies, which are usually the defendants in such suits, and criticism from drug manufacturers and small inventors, who are typically plaintiffs.

Now the bill goes to the Senate.

Worker Adjustment and Retraining Notification Act (WARN) Advisor

From the federal Department of Labor: elaws - employment laws assistance for workers and small businesses - WARN Advisor.

The Worker Adjustment and Retraining Notification Act (WARN) Advisor helps employers and workers understand the requirements of WARN – a law that, in certain circumstances, requires employers to provide advance notification of layoffs and plant closings in order to provide workers with sufficient time to seek other employment or retraining opportunities.

If you would like to learn more about WARN prior to beginning using this Advisor, please read background information on WARN or review the WARN regulations and 1989 preamble issued by DOL.

It is free to sign up for the advisor.

Consumer law: Freezing your credit report

I did not notice this new law during the last session of the General Assembly but it goes into effect this month. Which probably why all the attention right now. The Indiana Daily Student has an article headlined New credit freeze law fights ID theft.

Freezing a credit report isn’t as simple as a quick phone call.

In order to place a freeze on a credit report, a consumer has to write by mail to each of the three credit bureaus: Equifax, Experian and Trans Union. The consumer must provide proof of identification, including a photocopy of a license and a utility bill.

The security freeze goes into effect five days later. Ten days after placing the freeze, a consumer receives a confirmation letter and PIN number.

Starting Jan. 1, 2009, all consumers will have the option of freezing their credit reports by e-mail. Consumer reporting agencies will have to lift the freeze within 15 minutes if the consumer requests it.

Indiana Consumer Lawyer Blog also has a very long post, Indiana's New Security Freeze Law. I suggest reading that post also.

Warning on links in comments

Google has some problems. I do not have many commenting - and I try to delete anything I think is spam - but I want you know to about this:

Google's Blogger site is being used by malicious hackers who are posting fake entries to some blogs.

The fake entries contain weblinks that lead to booby-trapped downloads that could infect a Windows PC.

Infected computers are being hijacked by the gang behind the attacks and either mined for saleable data or used for other attacks.

The Blogger attack is the latest in a series by a gang that has managed to hijack hundreds of thousands of PCs.

Bloggers battered by viral storm

LAW INFORMATION Blog

This blog has a great title: LAW INFORMATION. There is one post related to Indiana that I could find: Deeds In Lieu Of Foreclosure: Who, What, When, Where, Why and How. On the whole, I am not really sure what to make of it, and its description makes me pause a bit:

If you are a consumer looking for information regarding your legal needs, you have come to the right place. This blog is set-up to answer your questions regarding a legal issue; and you are always one click away from hiring legal counsel.

I like to think this blog as answering legal questions but I know the ideal is not always met. First, truly answering a legal question means knowing all of the facts and I am not taking in facts here. Thus, I have a disclaimer about not giving legal advice but merely legal information. Second, it is impossible for me to anticipate all of your legal questions. Which is why I have a blogroll and spotlight different blogs.

Absinthe, the federal regulations and technology.

I try to keep an eye on alcoholic beverage news. I find it odd that most of that news comes out on the food pages rather than the business pages of most newspapers. Some newspapers even use the strangest (strange as in I am just awake and without enough caffeine to do much more than ask a question that I cannot repeat here and still sound both professional and PG) headlines. This headline comes from today's Washington Post: A Forbidden Fairy Makes a Comeback. It is about absinthe and here is an excerpt:

Basically, it boils down to chemistry. According to the Treasury Department's Alcohol and Tobacco Tax and Trade Bureau, U.S. law prohibits absinthe that contains over 10 parts per million of thujone, the active ingredient in wormwood. Wormwood is the plant that makes absinthe absinthe -- with its mythic tales of hallucination and belle epoque debauchery.

But here's the thing: Just about all absinthe has less than 10 parts per million of thujone and perhaps always did. The ban existed mainly because there had been no way to prove otherwise. Until now. In fact, New Orleans-born chemist Ted Breaux, creator of the new Lucid absinthe, has used modern technology to test bottles from the late 19th century to show that properly made absinthe contained very little thujone.

The Tax and Trade Bureau has done similar tests. "There are currently four absinthe products that we've tested and we're allowing in the marketplace," spokesman Art Resnick says. They are Lucid, Green Moon from France, and two versions of the brand Kubler from Switzerland.

I find more interesting how technology recreates an industry. Absinthe got itself banned for being dangerous. Actually for being very, very dangerous. Better chemistry shows the drink was not necessarily dangerous. The article mentions historians thinking that poorly made absinthe caused the problem. I take from that statement, that poor regulation of the makers helped create the problems. I might be influenced here by the talk on MSNBC of the dangerous Chinese toys.

For lawyers, mostly

For those so inclined, there is now Civil Procedure Prof Blog for those wanting to keep track of (mostly federal) civil procedure news.

Also, I got a reminder that the Indiana Judicial Center publishes Case Clips. What is this? According to the site: "Selected decisions of the Indiana appellate courts abstracted for judges by the Indiana Judicial Center."