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Over the Borderline: Indiana’s Right to Work Law may affect employers in neighboring states, too

Effective March, 14, 2012, Indiana’s hot-button Right to Work Lawmakes it a misdemeanor for an employer to require an individual, as a condition of employment, to:

  • Become or remain a member of a labor organization;
  • Pay dues, fees, assessments or other charges to a labor organization; or
  • Pay to a charity or another third party an amount that is equivalent to, or a pro rata part of, dues, fees or other charges required of a member of a labor organization.

It should be noted that this law does not affect contracts that were already in effect as of March 14, 2012. However, contracts that are created, modified, renewed, extended or amended after that date do become subject to the law. While all four states that border the Hoosier state – Illinois, Kentucky, Ohio and Michigan – do not have similar legislation yet, employers with operations that cross state lines and who experience an event that subjects them to Right to Work (a new labor contract, for example) may have some thinking to do


States with Right to Work Legislation. Source:

For purposes of the law, “employer” means a person or entity employing at least one individual in Indiana. Thus, non-Indiana employers with employees who work across state lines in Indiana are subject to Indiana’s Right to Work Law and those employees may have the right to refuse to be members of a labor organization and pay dues as a condition of employment.  Accordingly, such employers should make note of this important change. If you need assistance on Right to Work or any labor-related issues, please contact the attorneys at Bingham Greenebaum Doll LLP for assistance.

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