Wage Theft

What Counts As Wage Theft?

Wage Theft Takes Many Forms

Some examples of wage theft include:

  • Failing to pay overtime for hours worked beyond 40 in a week.
  • Forcing employees to work “off the clock.”
  • Misclassifying employees as independent contractors to avoid overtime and benefits.
  • Withholding tips or making unlawful deductions.

According to the Economic Policy Institute, workers lose billions each year to wage theft — often more than is stolen in property crimes. In Indiana, low-wage workers, hospitality employees, and construction laborers are especially vulnerable.

Employee Rights Under Indiana and Federal Law

  • Overtime pay. Most employees are entitled to time-and-a-half wages for hours over 40 in a workweek.
  • Minimum wage. Indiana follows the federal minimum wage of $7.25/hour, but violations still occur.
  • Recordkeeping. Employers must maintain accurate records of hours worked and pay provided.

 

For Employees: What to Do if You Suspect Wage Theft

  1. Document everything. Keep detailed records of hours worked, pay received, and communications with your employer.
  2. Ask questions. Sometimes errors are clerical and can be corrected quickly.
  3. Know your rights. Even if you are paid a salary, you may still be entitled to overtime depending on your job duties.
  4. Seek legal advice. An employment lawyer can review your situation and help you recover unpaid wages.

For Employers: Avoiding Wage Theft Claims

Wage theft claims can lead to lawsuits, penalties, and reputational harm. Employers can protect themselves by:

  • Classifying employees correctly.
  • Using reliable timekeeping systems.
  • Training managers on wage and hour laws.
  • Consulting legal counsel when uncertain about overtime rules.

Real-World Example of Wage Theft

In recent years, Indiana courts have handled multiple cases where restaurant workers were denied proper overtime or where construction companies misclassified employees as “independent contractors.” These cases often end with significant financial penalties for employers.

Conclusion

Wage theft undermines trust, harms workers, and creates unfair competition for honest businesses. Whether you’re an employee who isn’t being paid correctly or an employer seeking to stay compliant, knowing the law is essential.

At Goodin Abernathy LLP, I help workers recover unpaid wages and advise employers on building fair and lawful pay practices. If you believe you’re owed wages or want to make sure your company is compliant, we’re here to help.

If you have additional questions or concerns, please call us or complete this form to request a free consultation.

Indiana Non-Competes

Indiana Non-Competes

Are Indiana Non-Competes Still Enforceable in 2025?

Non-compete agreements have long been a point of tension between employers wanting to protect their business and employees wanting the freedom to advance their careers. In 2025, the landscape is shifting quickly. With federal regulators pushing back on non-competes and Indiana courts scrutinizing their enforceability, both employers and employees should know where things stand.

The National Landscape

The Federal Trade Commission (FTC) recently proposed rules that would severely restrict non-compete agreements nationwide. While these rules face legal challenges, they signal a clear trend: non-competes are under attack. Employers who rely on them should review their contracts now.

Indiana Law on Non-Competes

In Indiana, courts traditionally enforce non-compete agreements only if they are:

  • Reasonable in scope. The restriction must be limited in time and geography.
  • Protecting a legitimate interest. This might include safeguarding confidential information or customer goodwill.
  • Not overly restrictive. The agreement cannot prevent an employee from earning a living in their field.

For example, an Indiana court may uphold a one-year restriction preventing a salesperson from contacting former clients in a small region but strike down a three-year statewide ban on working in the industry.

Risks for Employers

If your agreements are too broad, they may not survive a legal challenge. Indiana judges are reluctant to rewrite contracts to make them fairer — instead, they may throw the agreement out entirely. Employers should consider whether less restrictive agreements, such as confidentiality or non-solicitation agreements, might be more effective.

Rights for Employees

If you’re asked to sign a non-compete:

  • Review it carefully before signing. You may be able to negotiate narrower terms.
  • Don’t assume it’s automatically enforceable. Courts look at each agreement individually.
  • If you’re leaving a job and worried about restrictions, seek legal advice before making your next move.

The Bigger Picture

Indiana workers are in high demand, and restrictive covenants can limit mobility. Employers still have tools to protect their businesses, but they must be careful not to overreach.

Conclusion

Non-compete law is evolving quickly in Indiana and across the country. At Goodin Abernathy, I help employers draft enforceable agreements and employees defend their rights when restrictions go too far. If you’re facing questions about a non-compete, now is the time to get clarity before it becomes a costly dispute.

If you have additional questions or concerns, please call us or complete this form to request a free consultation.

Indiana’s New Property Tax Landscape

Indiana’s New Property Tax Landscape

Major Shifts Coming: Navigating the Shift of Indiana’s New Property Tax Landscape

Indiana homeowners and real estate investors are preparing for significant changes as new property tax laws take effect in 2026. The Indiana Legislature passed comprehensive reforms aimed at providing relief for taxpayers, but these changes also introduce new complexities for property owners and businesses.

Whether you own your home or manage a portfolio of investment properties, understanding these updates is crucial for planning your finances and protecting your assets.

Here is a breakdown of what you need to know about the upcoming changes.

Property Tax Credits for Homeowners

One of the most notable changes coming in 2026 is a new property tax credit for all Indiana homeowners. Starting next year, you will automatically receive a credit equal to 10% of your property tax bill, up to a maximum of $300 annually. This is designed to provide immediate relief for homeowners.

Additionally, the state is phasing in an increase to the supplemental homestead deduction. This deduction reduces the assessed value of your home, ultimately lowering your tax bill. By 2031, the deduction will grow significantly, providing even greater long-term savings for homeowners.

Key Changes for Businesses and Investors

For real estate investors and business owners, the reforms bring about important adjustments to business personal property taxes:

    • Increased Exemption Threshold:

      • The exemption threshold for business personal property tax is increasing dramatically. Historically, businesses with assets valued at $80,000 or less were exempt. Beginning with the 2026 assessment date, this threshold jumps to $2 million. This change aims to significantly reduce the tax burden for many small and medium-sized businesses.
    • Elimination of the 30% Depreciation Floor:

      • Under prior law, the assessed value of business personal property couldn’t fall below 30% of its original cost. The new law eliminates this “30% floor” for assets placed in service after January 1, 2025. This allows businesses to depreciate equipment more fully, leading to lower property tax bills, though this change has a caveat for properties within certain Tax Increment Financing (TIF) districts.
    • New Deduction for 2% Cap Properties:

      • Properties in the 2% tax cap category (which includes rental homes and some other residential properties) will now be eligible for a new deduction beginning in 2026. This deduction starts at 6% of the assessed value and increases annually until 2031.

 

The Bigger Picture: Potential Revenue Shifts

While these reforms offer clear benefits for taxpayers, it’s important to remember that property taxes fund local government services. To address potential revenue shortfalls for cities and counties, the new laws also allow local governments to potentially increase local income taxes.

The long-term impact of these shifts remains to be seen. While you may see savings on your property taxes, it’s possible that some of these savings could be balanced by rising local income taxes.

Navigating the Changes

The new property tax landscape in Indiana is complex, and the specific impact on your property will depend on your individual circumstances.

Understanding these changes is vital for effective financial planning, whether you are a homeowner or a commercial real estate investor. If you have questions about how these changes affect your residential or commercial real estate purchases, or if you need help navigating the complexities of real estate transactions in Indiana, our team is here to assist you.

Click here for more information on residential and commercial real estate purchases.

Immediate Press Release — April 18, 2025

Immediate Press Release — April 18, 2025

Goodin Abernathy logo

FOR IMMEDIATE RELEASE – APRIL 18, 2025

RE: Case 1:23-cv-01892-MPB-MKK TUTTLE v. EDISON SCHOOL OF THE ARTS, et al

Indianapolis, IN – We are pleased to announce that a judgment has been entered against Edison School of the Arts, resolving all claims brought on behalf of our client, Nathan Tuttle, who was wrongfully terminated from his role as CEO/Executive Director of the school corporation.

This judgment affirms what we have maintained from the outset: that Mr. Tuttle was treated unfairly and in violation of his civil rights. While no monetary compensation can undo the pain and disruption caused by Edison’s actions, the outcome offers a meaningful sense of validation and accountability. It also brings long-overdue closure to a painful chapter for our client, who has remained steadfast in his pursuit of justice.

We believe this outcome highlights the critical importance of due process, fairness, and transparency in all employment practices – particularly within public institutions. We are grateful for Mr. Tuttle’s courage and trust throughout this process, and we hope this case serves as a reminder of the responsibilities employers have to uphold both the law and the dignity of their employees.

Nathan’s experience also shines a light on the lasting harm that can result when institutions act hastily and without due process – especially in today’s climate. It is our sincere hope that this resolution may serve as a deterrent to similar actions in the future.

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Understanding Dog Bite Injuries and Legal Action in Indiana

Understanding Dog Bite Injuries and Legal Action in Indiana

Dog bites can result in serious injuries that have lasting physical, emotional, and financial consequences. Certain dog breeds are statistically more likely to be involved in severe biting incidents. For victims of dog bites, understanding their rights and seeking legal assistance can make a significant difference in recovering damages. If you or a loved one has been injured by a dog bite, the experienced attorneys at Goodin Abernathy can help you navigate the legal process and pursue justice.

Breeds Commonly Associated with Dog Bite Incidents

While any dog can bite under certain circumstances, some breeds are more frequently associated with severe injuries due to their size, strength, and protective instincts. Below are a few breeds commonly cited in dog bite cases:

Rottweilers:  Rottweilers are known for their strength and protective nature. While they can be loyal and affectionate pets, they require proper training and socialization to prevent aggressive behavior. When improperly trained or mistreated, Rottweilers have the potential to cause severe injuries in bite incidents. Victims of attacks involving Rottweilers often require extensive medical care and rehabilitation.

Pit Bulls:  Pit Bulls are another breed frequently associated with severe dog bite injuries. Due to their powerful jaws and tenacity, bites from Pit Bulls can lead to significant trauma, including deep lacerations, fractures, and nerve damage. These incidents often make headlines because of their severity.

German Shepherds:  German Shepherds are intelligent and often used as working dogs in law enforcement and security. However, their protective instincts can sometimes lead to aggression, particularly if they feel threatened or perceive danger. Bites from German Shepherds can result in deep puncture wounds and other serious injuries.

Doberman Pinschers:  Dobermans are known for their sleek appearance and alert nature. While they can be excellent family dogs when properly trained, they can also become aggressive if not socialized correctly. Their bites are often strong enough to cause substantial injury.

Siberian Huskies:  While Huskies are generally friendly and energetic, their high prey drive can sometimes lead to biting incidents. This breed’s size and strength mean that their bites can cause considerable harm, especially to children.

The Physical and Emotional Impact of Dog Bite Injuries

Dog bites often lead to severe injuries, including:

Lacerations and Scarring: Deep wounds that may require stitches or plastic surgery.

Fractures: Especially in cases where the bite involves crushing force.

Infections: Including rabies, cellulitis, and tetanus.

Nerve Damage: Permanent damage to nerves can result in loss of sensation or function.

Beyond physical injuries, victims often experience emotional trauma, including fear of dogs, anxiety, and post-traumatic stress disorder (PTSD). These psychological effects can last for years and may require therapy to overcome.

Legal Options for Dog Bite Victims in Indiana

Indiana law holds dog owners responsible for the actions of their pets in many situations. If you’ve been injured by a dog bite, you may be entitled to compensation for:

Medical Expenses: Including emergency care, surgeries, and rehabilitation.

Lost Wages: For time missed at work due to recovery.

Pain and Suffering: Compensation for physical and emotional distress.

Property Damage: If personal property was damaged during the attack.

Under Indiana’s “strict liability” laws, dog owners can be held accountable if their dog bites someone without provocation, regardless of the animal’s prior behavior. Additionally, if negligence on the part of the owner contributed to the incident, such as failing to secure the dog properly, the owner could face further liability.

Why You Need an Experienced Dog Bite Attorney

Navigating a dog bite case can be challenging, especially when dealing with insurance companies and legal complexities. The attorneys at Goodin Abernathy have extensive experience handling dog bite cases in Indiana. They understand the nuances of the law and are dedicated to helping victims secure the compensation they deserve. By working with a skilled attorney, you can ensure that your case is thoroughly investigated, evidence is properly collected, and your rights are protected. This can make all the difference in achieving a favorable outcome.

Take Action Today

If you or someone you love has been injured by a dog bite, don’t wait to seek legal assistance. The team at Goodin Abernathy is ready to provide compassionate, effective representation to help you recover and move forward. (https://www.fasecolda.com/) Contact us today to schedule a consultation and take the first step toward justice.