Amy Adolay counsels employers on complex human resources issues that arise on a daily basis in the workplace and defends employers before administrative agencies and in state and federal courts. Ms. Adolay handles a wide variety of types of claims, including discrimination, harassment, retaliation, family and medical leave, disabilities, unemployment compensation, wage and hour, and restrictive covenants. Ms. Adolay also routinely reviews, revises, and drafts employment related documents such as employee handbooks, employment policies and procedures, employment agreements, severance and retention agreements, and non-compete and non-solicitation agreements. Ms. Adolay’s extensive employment law experience has included representing employers in collective actions and litigating complex claims relating to discrimination, restrictive covenants, and various other employment and contract disputes. She also regularly speaks and writes on important changes facing employers in employment law.
Ms. Adolay's school law experience includes advising administrators and school corporations on various issues relating to staff, students, and parent/guardian issues. She has also assisted sororities and fraternities in navigating a wide range of legal issues. Ms. Adolay is active in firm management, currently serving on the firm's five-member Executive Committee. She previously served for several years as Chair of the firm's Labor and Employment Practice.
Representative Experience
- Created and assisted in implementation of early retirement program for large manufacturing company
- Successfully represented national retailer in enforcement of employee handbook wage
provisions - Obtained summary judgment for employer in high-profile executive race and sex discrimination case
- Enforced noncompete against individual in health care industry who was soliciting business in her former sales territory
- Renegotiated high-dollar severance agreements with former management employees based on after-acquired evidence of breaches of employment agreements
- Assisted company with lawful means of carrying out furloughs, reductions in force, and salary reductions in order to keep business afloat despite threatening economic forces
- Achieved favorable non-monetary settlements in two discrimination charges in which administrative agency was prepared to find employer in violation of law
Professional Associations
- Board of Directors, The O’Connor House
- Former Board Member and Secretary, Indiana Breast Cancer Awareness Trust
- Former Board Member, Hamilton Centers Youth Services Bureau
- Volunteer Pro Bono Services, Neighborhood Christian Legal Clinic
Awards & Recognitions
- Indiana Super Lawyers Rising Stars, 2011, 2012, 2014, 2016
- Graduate, Hamilton County Leadership Academy, 2006
Seminars & Presentations
- Presenter, "Respect in the Workplace," Meridian Plastic Surgeons, October 24, 2024
- Presenter, "Developments under the FLSA and Independent Contractor Status”, IMPACT Annual Conference, September 12, 2024
- Co-Presenter, "Employment Issues Impacting Center Managers: Hiring and Termination, Contracting, EEOC Law," National Association of Worksite Health Centers Annual Forum, August 22, 2024
- Presenter, "Employment Dos and Don'ts", Indiana Chamber of Commerce, July 7, 2024
- Co-Presenter, "FTC’s New Non Compete Rule and Evolving State Laws: The Impact on Worksite Health Centers," National Association of Worksite Health Centers Webinar, May 23, 2024
- Presenter, "Noncompetes", The Clinic: ISMA Podcast, April 25,2024
- Presenter, "ADA Discrimination Prevention and Accommodation Requests," Indiana Municipal Personnel Administrators for Cities and Towns Winter Meeting, December 7, 2023
- Presenter, "Navigating Mental Health and Substance Use Disorder Accommodation Obligations in the Workplace," Indiana Wellness Council’s Employer Connection Series, October 3, 2023
- Co-Presenter, "Trending Topics in Employment Law and Benefits Compliance," RESOLVE Benefits Conference, April 27, 2023
- Presenter, "Family and Medical Leave Act (FMLA) Overview," Indiana Municipal Personnel Administrators for Cities and Towns (IMPACT) Annual Conference, September 14, 2022
- Co-Presenter, "The Intersection of Medical, Legal, Occupational Health, and Employee Records," Indiana Health Care Association Annual Conference, August 15, 2022
- Presenter, "Reviewing and Responding to Religious Objections to the COVID-19 Vaccine," Indianapolis Bar Association, January 20, 2022
- Presenter, “Update on Status of New Federal COVID-19 Vaccination Requirements for Employers,” Healthcare Financial Management Association, December 13, 2021
- Presenter, "Overview of New Federal COVID-19 Vaccination Requirements for Employers," Krieg DeVault Webinar, November 10, 2021
- Presenter, "Legally Compliant Mental Health and Drug Free Policies," Wellness Council of Indiana Recovery at Work: Employer Mental Health and Substance Abuse Summit, September 15, 2021
- Presenter, "Hot Topics in Employment Law Including New Legislation Related to COVID-19," Accelerate Indiana Municipalities Municipal Law Seminar, June 25, 2021
- Presenter, "COVID-19 Vaccination Mandates in the Workplace," Krieg DeVault Podcast Series, June 21, 2021
- Presenter, "COVID Vaccine Legalities and Logistical Challenges," Enterprise Health, February 16, 2021
- Presenter, "Legal and Business Considerations for Employers Considering Mandating COVID-19 Vaccinations," Indiana Apartment Association, January 22, 2021
- Presenter, "Legal and Business Considerations for Employers Considering Mandating COVID-19 Vaccinations," Indiana Manufacturers Association, January 20, 2021
- Presenter, "COVID Vaccine Considerations for Employers," Indiana Chamber of Commerce, December 16, 2020
- Presenter, "Engaging Around Mental Health and Personal Safety with Your Team Members," Luna, First Person, June 23, 2020
- Presenter, "COVID-19 Checklist for Indiana Businesses & Organizations," Boone County Chamber of Commerce, April 28, 2020
- Presenter, "COVID-19 Health Care Businesses: Managing Staffing Reductions & Planning for Reopening," Indiana State Medical Association, April 24, 2020
- Presenter, "COVID-19 Guidance for Employers & Individuals," Indianapolis Bar Association, March 16, 2020
Publications
- Contributor, "COVID-19 Religious Exemption Concerns on Shaky Ground," Indiana Lawyer, January 5, 2022
- Co-Author, "Tis the Season: Court Issues Nationwide Temporary Stay of CMS Mandatory Vaccination Rule," December 2, 2021
- Author, "President Biden’s Vaccination Mandates under COVID-19 Action Plan," September 10, 2021
- Author, "Accommodating Employees Who Can't Return Due to COVID-19," Indiana Lawyer, March 17, 2021
- Co-Author, "Is Your Non-Compete Buy-Out Reasonable?" January 27, 2021
- Author, "Mandating COVID-19 Vaccinations: Employers Wrestle with Whether They Can and Should," December 18, 2020
- Co-Author, "COVID-19 Enforcement Plan Compliance Alert: K-12 Educational Institutions and Indiana's Face Covering Mandate," July 31, 2020
- Author, "How Much Can Employers Control Employees' Summer Travel During COVID-19? A lot." June 15, 2020
- Co-Author, "Returning to the Workplace: Addressing Requests to Work from Home and Refusals to Return to Work," June 7, 2020
- Author, "Getting Back on Track: How Indiana Businesses can Create the Plan Required by Governor Holcomb's Executive Order 20-26 to Keep Employees and Patrons Safe by the May 11, 2020 Deadline," May 3, 2020
- Co-Author, "What Can We Do? Coronavirus Guidance for Employers," March 5, 2020
- Co-Author, "DOL Final Rule on Regular Rate of Pay Goes into Effect January 15, 2020," January 1, 2020
- Co-Author, "Indiana Blue Pencil Doctrine is More of a Blue Pen Doctrine as it Permits Courts to Strike through but not Erase Unenforceable Provisions in Restrictive Covenants," January 1, 2020
Education
- J.D., cum laude, Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, 2001
- B.A. in Political Science, Miami University, Oxford, Ohio, 1998
Bar & Court Admissions
- Indiana, 2001
- U.S. District Court for the Northern District of Indiana, 2001
- U.S. District Court for the Southern District of Indiana, 2001
- 7th Circuit Court of Appeals, 2001
Certifications
- Legal Lean Sigma® White Belt
Practices
Industries
Running
Home Improvement
Live Music/Concerts
Labor and Employment
‘Tis the Season: Court Issues Nationwide Temporary Stay of CMS Mandatory Vaccination Rule
December 1, 2021
Labor and Employment
Overview of New Federal COVID-19 Vaccination Requirements for Employers [WEBINAR]
November 10, 2021
Labor and Employment
President Biden’s Vaccination Mandates under COVID-19 Action Plan
September 10, 2021
Labor and Employment
Mandating COVID-19 Vaccinations: Employers Wrestle with Whether They Can and Should
December 18, 2020
Labor and Employment
What Employers Need to Know about the Revised FFCRA Regulations
September 18, 2020
Education and School Law
COVID-19 Enforcement Plan Compliance Alert: K-12 Educational Institutions and Indiana's Face Covering Mandate
July 31, 2020
Labor and Employment
How Much Can Employers Control Employees' Summer Travel During COVID-19? A lot.
June 15, 2020
Labor and Employment
Returning to the Workplace: Addressing Requests to Work from Home and Refusals to Return to Work
June 7, 2020
Thought Leadership
DOL Final Rule on Regular Rate of Pay Goes into Effect January 15, 2020
January 1, 2020
Thought Leadership
We May Finally Know Whether Being a Tricare Provider Makes One a Federal Contractor
December 3, 2018
Thought Leadership
Court Finds Restrictive Covenant Unenforceable Against Hospital-Based CRNAs
June 27, 2018
Firm News and Events
Erika Steuerwald Joins Krieg DeVault’s Health Care Practice adding depth to the Firm’s Long Term Care and Acute Care Teams
November 20, 2024
Health Care
CMS Reporting Requirements for Nursing Facilities: Fast Tracking the Start Line
October 22, 2024
Firm News and Events
The Indiana Lawyer Names Senior Associate Grant M. Achenbach a 2024 Up and Coming Lawyer
May 30, 2024
Thought Leadership
New Additions to Federal Anti-Discrimination Rules Giving Healthcare Providers Regulatory Déjà Vu
May 20, 2024
Thought Leadership
The Final Direction: New Final Medicaid Rules for State Directed Payments
May 20, 2024
Business
Indiana Enacts Senate Enrolled Act 9 Requiring Notice of Certain Health Care Transactions
April 23, 2024
Health Care
New HHS Guidance: Safeguarding Patient Rights in Hospital and Long-Term Health Facility Visitation Policies
March 19, 2024
Health Care
Federal Court of Appeals Lifts Stay of Indiana’s Prohibition on Gender Transition Services to Minors
March 19, 2024
Estate Planning & Personal Services
Putting the PURPOSE in a Trust: Using a Purpose Trust in a Business Succession Plan
February 27, 2024
Business
Impact of AI in the M & A Sector: Key Advantages, Challenges, and Considerations
February 23, 2024
Health Care
Don’t Forget About the Leap Year - Annual HIPAA Breach Notification Deadline Fast-Approaching
February 13, 2024
Health Care
CMS's New Federal Prior Authorization Rule: An Eventual Step In the Right Direction
February 13, 2024
Krieg DeVault Podcast Series
Navigating Digital Privacy in Healthcare: Understanding Web Tracking and HIPAA Concerns (Podcast)
January 4, 2024
Health Care
The OIG’s New Unified Compliance Resource Tool: You’ve Been “Voluntold” to Comply
November 29, 2023
Health Care
Lawsuit Challenges HHS Guidance on the Use of Web Tracking Technologies
November 29, 2023
Firm News and Events
Partner Stephanie T. Eckerle Named Chair of Krieg DeVault’s Health Care Practice
November 1, 2023
Business
Is Your Business Ready? Preparing for and Complying with the Corporate Transparency Act
August 31, 2023
Firm News and Events
Frank A. Hoffman Joins Krieg DeVault’s Public Finance and Municipal Practice
July 31, 2023
Health Care
Rapid Modernization: Major Changes Coming to the Professional Licensing Agency
June 30, 2023
Firm News and Events
Partner Stephanie T. Eckerle Named to the Board of Directors of The Children’s TherAplay Foundation, Inc.
June 26, 2023
Health Care
A Direct Proposal: New Proposed Medicaid Rules for State Directed Payments
June 13, 2023
Health Care
Don’t Let the End of the Public Health Emergency Create a Compliance Problem
May 19, 2023
Health Care
CMS Runs Out of Patience: Hospital Price Transparency Rules to Face Stricter Enforcement
May 9, 2023
Health Care
Long Term Reform Coming to Long Term Care: What Changed in the 2023 Indiana Legislative Session
May 8, 2023
Health Care
CMS's Proposed Government Overpayment Rule Is Sure to Make You Sleep Less (Podcast)
February 8, 2023
Health Care
Are You Compliant with Indiana’s Annual Hospital Public Forum Requirement?
January 6, 2023
Litigation
Religious Health Care Providers, The ACA, And Gender Transition Procedures
December 21, 2022
Firm News and Events
Krieg DeVault Adds Associates Andrew N. Warner, Katelyn E. Doering, Alexus D. Lucas, and Michael J. Moser
November 1, 2022
Health Care
Private Equity Investment in Medical Practices Series: STEP 3 - Pre-Sale Diligence
September 29, 2022
Health Care
PHI Here, There, and Everywhere - Liability for Improper Disposal of Items Containing PHI
September 14, 2022
Health Care
Temporary Medical Licenses Preserved into October as Public Health Emergency Renewed at 11th Hour
July 21, 2022
Health Care
Come One, Come All: New Reciprocity Laws for Health Care Professionals in Indiana
June 30, 2022
Health Care
Private Equity Investment in Medical Practices Series: STEP 2 - Should I Use a Broker?
April 8, 2022
Firm News and Events
Julie A. Johnsten and Crystal L. Stallworth Join Krieg DeVault as Paralegals
February 1, 2022
Labor and Employment
CMS Issues Supplemental Guidance on Interim Final Rule on Vaccination for States Impacted by Recent Supreme Court Ruling
January 20, 2022
Firm News and Events
Partner Shelley M. Jackson Named a Vice President of the Board of Directors of the Indianapolis Bar Association
January 10, 2022
Health Care
Getting Staff to Report Impaired Physicians May Have Just Become More Difficult
August 31, 2021
Health Care
Into the Unknown: A look Into the Uncertain Future of New Surprise Billing Laws (Podcast)
August 21, 2021
Labor and Employment
Vaccine Verdict: 7th Circuit Declares Indiana University’s Vaccine Mandate Constitutional
August 6, 2021
Health Care
Don’t Be Caught by Surprise! Prepare for New Medical Surprise Billing Laws Effective January 1, 2022
July 15, 2021
Health Care
Congress Reintroduces Marijuana Data Collection Act: Reevaluating Federal Marijuana Policy
June 28, 2021
Health Care
Veterans Medical Marijuana Bills Introduced Ahead of Military Appreciation Month
May 7, 2021
Health Care
Between a Rock and a Hard Place – 340B Covered Entities Sidelined as Battle Over Drug Pricing Continues
April 20, 2021
Health Care
Constant Vigilance! Recent Microsoft Exchange Hack Reveals the High Cost of Letting Your Guard Down.
April 20, 2021
Health Care
Time for a Check Up: HIPAA Privacy Rule Modified for the First Time Since 2013
March 23, 2021
Health Care
Don't Lose Focus on Your Compliance with Important COVID-19 Requirements
November 16, 2020
Health Care
CMS's Dramatic Price Transparency Rule Set to Take Effect January 1, 2021
October 23, 2020
Health Care
Patient May Raise Vicarious Liability of Hospital for Unnamed Physicians in Medical Review Panel Submission
October 23, 2020
Labor and Employment
Unpacking Schrems II: The Demise of the EU-U.S. Privacy Shield
October 20, 2020
Health Care
Anesthesiologist's Business Card Given to Patient on Morning of Surgery Probably Won't Absolve Hospital of Liability
October 19, 2020
Health Care
Helping Hoosiers: Indiana Extends Flexibility on Temporary Licensing of Health Care Workers
October 7, 2020
Health Care
Check Before You Repay: CMS Contractors' Overpayment Extrapolation Methods Questioned
September 2, 2020
Health Care
Nursing Homes: Immediate Enforcement Action and New COVID-19 Testing and Reporting Requirements
September 2, 2020
Health Care
OCR Seeks Balance Between COVID-19 Precautions and Fundamental Religious Liberties
July 29, 2020
Health Care
IRS Adds Frequently Asked Questions Addressing Taxation of Provider Relief Payments
July 14, 2020
Health Care
Don't Be Surprised by Indiana's New Surprise Billing Requirements Effective July 1, 2020
July 14, 2020
Health Care
CMS Announces Recommendations for Reopening Facilities to Provide Non-Emergent Health Care
April 19, 2020
Health Care
OCR Relaxes Enforcement For Pandemic-Related Disclosures of PHI During Public Health Emergency
April 5, 2020
Health Care
Governor Holcomb Waives More Indiana Health Care Laws in Executive Order 20-13 to Address COVID-19
March 30, 2020
Health Care
Indiana Responds to COVID with Changes to Prior Authorization and Telemedicine
March 29, 2020
Health Care
CMS Expands and Makes Advance Medicare Payments More Available to Address Cash Flow Affected by COVID-19
March 29, 2020
Health Care
The CARES Act: Provisions Relevant to Health Care Providers & Access to Health Care Services
March 26, 2020
Health Care
CMS and OIG Temporarily Clear Regulatory Obstacles to Expand Telehealth Coverage to Address COVID-19
March 17, 2020
Health Care
OCR Temporarily Lessens HIPAA Requirements for Telecommunications in Wake of COVID-19
March 17, 2020
Firm News and Events
Shelley M. Jackson Joins Krieg DeVault's Health Care and Labor & Employment Practice Groups
February 2, 2020
Health Care
Proposed Bill Would Require Medical Bill and Out of Pocket Estimates to Patients
January 9, 2020
Firm News and Events
Krieg DeVault Announces 2020 Partners - Meghan M. Linvill McNab and Shannon L. Noder
January 1, 2020
Thought Leadership
HHS Announces Changes to Maximum Monetary Penalties for HIPAA Violations
May 21, 2019
Thought Leadership
OCR Concludes Investigation of Allegations that the State of Hawaii Unlawfully Discriminated Against Pregnancy Resource Centers
April 8, 2019
Thought Leadership
Going, Going, Gone - Important Medical Records Considerations for Physicians Planning to Close Their Practice
March 25, 2019
Thought Leadership
HIPAA Violation Leads to Criminal Conviction of Former Patient Coordinator
March 19, 2019
Thought Leadership
OCR Breaks All-Time Record in 2018 with Final HIPAA Settlement for the Year
February 17, 2019
Thought Leadership
OIG Issues Favorable Advisory Opinion on Waiver of Cost-Sharing Amounts for Charitable Pediatric Care
February 17, 2019
Thought Leadership
Updates to the Office of Inspector General Work Plan and Compliance Website
February 4, 2019
Thought Leadership
Conscience and Religious Freedom Division of the Office of Civil Rights Concludes California Violated Conscience Protection Laws
January 22, 2019
Thought Leadership
HHS Seeks Comments on Changes to HIPAA to Promote Improved Care Coordination
January 7, 2019
Thought Leadership
Responding to Online Patient Reviews: Legal and Practical Considerations for Physicians
January 7, 2019
Health Care
Expanded Medicaid Treatment Options for Individuals with Substance Use Disorder and Serious Mental Illness
December 17, 2018
Thought Leadership
Protecting Patient Information: The Importance of a Business Associate Agreement Under HIPAA
December 13, 2018
Health Care
CMS Rule Reducing Medicare Payments for Certain Clinic Visits by Off-Campus PBDs
December 12, 2018
Health Care
US Department of Justice Announces Changes to Corporate Investigation Protocol
December 12, 2018
Firm News and Events
Brandon W. Shirley selected to Indiana State Bar Association's Leadership Development Academy Class of 2019
December 9, 2018
Thought Leadership
Important Organizational Safeguards to Manage Healthcare Business Relationships
December 3, 2018
Firm News and Events
Krieg DeVault Welcomes Three New Associates - Alexandria M. Foster, Scott C. Frissell, and Ben Vandeventer
October 22, 2018
Firm News and Events
Partner Julie A. Rosenwinkel named Most Influential Woman in Law by the Northwest Indiana Influential Women Association
September 30, 2018
Thought Leadership
HHS OIG Recommends Greater Efforts by Medicaid Managed Care Organizations in Identifying and Addressing Medicaid Fraud and Abuse
August 7, 2018
Thought Leadership
Update on the May Meeting of the Indiana Commission to Combat Drug Abuse
May 9, 2018
Thought Leadership
Indiana Medicaid Finalizes Rule Changes Affecting Medicaid Home Health Providers
May 9, 2018
Thought Leadership
OCR Issues Guidance on the Performance of a HIPAA Risk Analysis v. a Gap Analysis
May 9, 2018
Thought Leadership
Bipartisan Budget Act Includes Important Changes to Fraud and Abuse Penalties
April 30, 2018
Thought Leadership
Legislation Streamlining Prior Authorization Requirements for Commercial Health Insurance Plans Becomes Law
March 25, 2018
Thought Leadership
Bill Requiring Practitioners to Check INSPECT Before Prescribing Passes House, Senate; Gov. Holcomb to Sign
March 19, 2018
Thought Leadership
CMS Reminder Regarding Services Rendered by Hospitals to Patients Staying in Other Facilities
March 18, 2018
Thought Leadership
OIG Approves of Hospital-Physician Gainsharing Arrangement, But Details Prove Critical
March 4, 2018
Thought Leadership
Ability to Prescribe Buprenorphine Expanded to Mid-Level Practitioners
February 25, 2018
Thought Leadership
Recent OCR Resolution Agreement and Corrective Action Plan ... Lessons Learned
February 25, 2018
Thought Leadership
D.C. District Court Clarifies Lab Requirement for Establishing Medical Necessity
February 1, 2018
Thought Leadership
Professional Licensing Changes Benefit Indiana Professional Corporation
January 3, 2018
Firm News and Events
Stacy Walton Long to Serve on Executive Women in Healthcare Board
January 2, 2018
Firm News and Events
Senior Associate Elizabeth M. Roberson Named Indiana State Bar Association Employment, Labor & Benefits Law Section Chair
November 26, 2024
Labor and Employment
Not So Fast: FLSA Overtime Rule Blocked Weeks Before Another Salary Level Increase
November 18, 2024
Labor and Employment
NLRB Reports Significant Surges in Union Election Petitions and Unfair Labor Practice Charges
October 31, 2024
Labor and Employment
What Employers Need to Know about New Overtime Exemption Rules with Shelley Jackson (Podcast)
July 16, 2024
Krieg DeVault Podcast Series
New FTC Regulation of Non-compete Agreements with Elizabeth Roberson and Scott Morrisson (Podcast)
May 9, 2024
Business
DOL Releases Final Rule Raising Salary and Compensation Thresholds for Overtime Exemptions
April 25, 2024
Labor and Employment
Illinois Employment Alert: Add Paid Leave Policy to Employee Handbook
March 15, 2024
Labor and Employment
Adapting Performance Metrics for Employees on Reduced Schedules for FMLA and Other Protected Leave
March 12, 2024
Firm News and Events
Krieg DeVault Announces 8 Attorneys as 2024 Indiana Super Lawyers; 9 as 2024 Indiana Rising Stars
February 28, 2024
Firm News and Events
Krieg DeVault Adds Associates Chloe Craft, Jacob O’Donnell, and Caleb Perez
October 11, 2023
Labor and Employment
SCOTUS Raises the Bar for Employers in Denying Religious Accommodations
August 21, 2023
Labor and Employment
Watch Out: Consumer Financial Protection Bureau Keeping an Eye on Workplace Surveillance Technology
July 26, 2023
Firm News and Events
Elizabeth Roberson Accepted to the Hamilton County Leadership Academy Class of 2024
July 10, 2023
Artificial Intelligence (AI)
Impact of AI on the Workplace: Latest Guidance from the EEOC
June 15, 2023
Labor and Employment
NLRB’s General Counsel Issues New Guidance Memo Challenging Non-Compete Agreements as Violating Section 7 of the NLRA
June 2, 2023
Labor and Employment
NLRB Memo Clarifies the Implications of McLaren Macomb and Whether Employers’ Severance Agreements Violate Employees’ NLRA Rights
June 1, 2023
Firm News and Events
The Indiana Lawyer Names Senior Associate Elizabeth M. Roberson a 2023 Up and Coming Lawyer
May 18, 2023
Labor and Employment
Hush Money? Standard Severance Agreement Provisions May Violate Employees’ NLRA Rights
March 1, 2023
Firm News and Events
Krieg DeVault Announces 10 Attorneys as 2023 Indiana Super Lawyers; 9 as 2023 Indiana Rising Stars
February 28, 2023
Labor and Employment
Evolving State Marijuana Laws May Impact Employer Hiring Procedures and Drug Testing Policies
February 28, 2023
Labor and Employment
FTC Proposed Rule Would Essentially Ban Non-Compete Agreements (Podcast)
February 8, 2023
Labor and Employment
Pregnant Workers Fairness Act And The Pump Act: What’s Changed?
January 19, 2023
Firm News and Events
Shelley M. Jackson Named Chair of Krieg DeVault’s Labor and Employment Practice Group
January 1, 2023
Firm News and Events
Elizabeth M. Roberson Named At-Large Member of the Indianapolis Bar Association Board of Directors
December 15, 2022
Firm News and Events
Elizabeth M. Roberson Receives the Indianapolis Bar Association’s 2022 Young Lawyer of the Year Award
November 22, 2022
Labor and Employment
Time for a Breakroom Makeover: EEOC Releases New “Know Your Rights” Poster
October 21, 2022
Labor and Employment
Is Your Workplace Correctly Classifying Employees and Independent Contractors?
October 17, 2022
Labor and Employment
Work Opportunity Tax Credits Can Increase Diversity and Reduce Labor Shortages
August 12, 2022
Labor and Employment
New Law Will End Forced Arbitration in Sexual Assault and Sexual Harassment Cases
February 14, 2022
Labor and Employment
Beware of the Illinois Employee who Insists on Independent Contractor Status
January 19, 2022
Labor and Employment
U.S. Supreme Court Issues Key Decisions on OSHA’s Vaccine-or-Test Rule and CMS’s Mandatory Vaccination Rule
January 14, 2022
Firm News and Events
Elizabeth M. Roberson Named Chair of the Indianapolis Bar Association’s Young Lawyers Division
January 6, 2022
Labor and Employment
Significant Changes to Illinois Law Affect Employers’ Restrictive Covenant Agreements
January 6, 2022
Firm News and Events
Partner Amy J. Adolay Elected to Krieg DeVault’s Executive Committee
January 1, 2022
Labor and Employment
OSHA Withdraws Healthcare Emergency Temporary Standard, Recordkeeping Obligations Remain in Place
December 29, 2021
Labor and Employment
Off-Again, On-Again: Sixth Circuit Lifts Stay on OSHA’s Vaccination-or-Test Mandate
December 21, 2021
Labor and Employment
The Wait Is Over: OSHA and CMS Release Interim Final Rules on Mandatory Vaccinations and Other COVID-19 Safety Issues
November 5, 2021
Labor and Employment
Biden Administration Issues Executive Order On Promoting Competition
July 9, 2021
Labor and Employment
Federal Court in Texas Rules Employers Can Require Employees to Get Vaccinated
June 15, 2021
Labor and Employment
COVID-19 Vaccinations: Employer Incentives and Other New Guidance from the EEOC
June 3, 2021
Labor and Employment
Changes to Illinois’ Background Check Compliance: What Happens When an Applicant Fails their Background Check?
April 5, 2021
Labor and Employment
Can Employers Incentivize Employees to Get the COVID-19 Vaccine?
March 23, 2021
Labor and Employment
DOL Proposes Withdrawing Independent Contractor Status and Joint Employer Final Rules
March 12, 2021
Labor and Employment
It is Time to Consider Revising Your Employee Non-Solicitation Provisions
January 14, 2021
Labor and Employment
Key Considerations for Employers as Additional States Legalize Marijuana
December 18, 2020
Labor and Employment
Rock, Meet Hard Place: Reflections from 2020 on Compliance Risks Surrounding Workplace Diversity, Equity, and Inclusion Initiatives
December 18, 2020
Labor and Employment
Time to Tidy Up Remote Work Policies as Work from Home Arrangements Likely to Continue
December 18, 2020
Labor and Employment
How to Identify and Curb Employee Abuse of Emergency Paid Sick Leave and Expanded Family Medical Leave and Still Comply With the FFRCA
December 18, 2020
Labor and Employment
COVID-19 Safety Plan Compliance Alert: Re-Evaluate Current Plans as Measures Set to Continue through the New Year
December 18, 2020
Labor and Employment
Part 1: 2020 Case Law Highlights for Employers in Indiana and Beyond
December 18, 2020
Labor and Employment
CDC Makes Key Changes to COVID-19 Recommendations Impacting When Quarantine is Needed and the Length of Quarantine
December 7, 2020
Labor and Employment
DOL Opinion Letter Addresses When Travel Time Between Work Sites is Compensable for Non-Exempt Employees
November 18, 2020
Labor and Employment
Training and Compensable Time: The DOL's Opinion Letter on when an Employee Must be Paid
November 17, 2020
Labor and Employment
The [Economic] Reality for Employers: The Department of Labor's Proposed New Rule for Determining Independent Contractor Status
October 5, 2020
Labor and Employment
COVID-19 Safety Compliance Alert: Time to Re-Evaluate Current Plans as Indiana Enters Stage 5
September 28, 2020
Labor and Employment
IRS Issues Guidance Related to President Trump's Memorandum on Social Security Tax Deferral
September 1, 2020
Labor and Employment
Employee Opioid Use, Addiction, and the ADA: EEOC Guidance Indicates Opioid Use and Addiction May Give Rise to ADA Rights
August 24, 2020
Labor and Employment
The Ongoing Pandemic of Information: Updates to FFCRA, FLSA, and FMLA Guidance
July 31, 2020
Labor and Employment
COVID-19 Safety Plan Compliance Alert: Indiana's Face Covering Mandate
July 27, 2020
Labor and Employment
Testing, Testing…The CDC Details When Employers Should Test for COVID-19 and Other Health Screening Reminders
July 22, 2020
Labor and Employment
Illinois' IDHR Publishes Long-Awaited Sexual Harassment Training Program
July 15, 2020
Labor and Employment
U.S. Supreme Court Extends Reach of “Ministerial Exception” for Religious Organizations
July 8, 2020
Labor and Employment
U.S. Supreme Court Issues Ruling on Title VII Protections for Sexual Orientation and Transgender Status
June 15, 2020
Labor and Employment
OSHA's Revised Enforcement Guidance When a Work-Relatedness Determination is Required
May 25, 2020
Labor and Employment
Workplace Safety and COVID-19: OSHA's Interim Enforcement Guidance and What It Means for Employers
April 27, 2020
Labor and Employment
Practically Speaking: A Series of Practical Tips for Employers in Navigating COVID-19
April 21, 2020
Labor and Employment
Understanding when a “Qualifying Need” for Paid Leave arises under the Families First Coronavirus Response Act
April 12, 2020
Thought Leadership
IRS Provides Guidance on Process for Claiming COVID-19 Related Payroll Tax Credits
April 2, 2020
Labor and Employment
You have been WARNed. Complying with the Worker Adjustment and Retraining Notification Act for COVID-19 Shutdowns
April 2, 2020
Thought Leadership
Employment Law Bulletin - Summary of Families First Coronavirus Response Act
March 19, 2020
Labor and Employment
The Families First Coronavirus Response Act: Q & A for Employers
March 19, 2020
Labor and Employment
Proposed Federal Law to Offer Paid Sick Leave Due to Coronavirus: H.R. 6201, Families First Coronavirus Response Act
March 16, 2020
Thought Leadership
Planning Considerations for Employers to Consider in Response to Coronavirus
March 11, 2020
Thought Leadership
Can Indiana Employers Withhold or Claw Back Bonuses and Commissions?
January 13, 2020
Thought Leadership
DOL Releases Final Rule Narrowing the Definition of “Joint Employer” Under the FLSA
January 13, 2020
Labor and Employment
FMLA Covers an Employee's Attendance for CSE/IEP School Meetings
January 1, 2020
Labor and Employment
Illinois Expands Equal Pay Act Provisions and Prohibits Employers from Asking Applicants' Wage and Salary History
January 1, 2020
Labor and Employment
CITGO Petroleum Will Pay Applicant $162,500 to Settle EEOC ADA Discrimination Suit
January 1, 2020
Labor and Employment
Illinois Responds to the #MeToo Movement with New Sexual Harassment Legislation
January 1, 2020
Labor and Employment
A Flexible Interactive Process Decides the Appropriate Accommodation
January 1, 2020
Labor and Employment
Seventh Circuit Weighs Whether Obesity Is A Disability Under The ADA
January 1, 2020
Firm News and Events
Elizabeth M. Roberson Joins Krieg DeVault's Labor and Employment and Litigation Practice Groups
September 18, 2019
Firm News and Events
Nancy J. Townsend Joins Krieg DeVault's Labor and Employment and Creditors' Rights and Bankruptcy Practice Groups
March 12, 2019
Amy Adolay counsels employers on complex human resources issues that arise on a daily basis in the workplace and defends employers before administrative agencies and in state and federal courts. Ms. Adolay handles a wide variety of types of claims, including discrimination, harassment, retaliation, family and medical leave, disabilities, unemployment compensation, wage and hour, and restrictive covenants. Ms. Adolay also routinely reviews, revises, and drafts employment related documents such as employee handbooks, employment policies and procedures, employment agreements, severance and retention agreements, and non-compete and non-solicitation agreements. Ms. Adolay’s extensive employment law experience has included representing employers in collective actions and litigating complex claims relating to discrimination, restrictive covenants, and various other employment and contract disputes. She also regularly speaks and writes on important changes facing employers in employment law.
Ms. Adolay's school law experience includes advising administrators and school corporations on various issues relating to staff, students, and parent/guardian issues. She has also assisted sororities and fraternities in navigating a wide range of legal issues. Ms. Adolay is active in firm management, currently serving on the firm's five-member Executive Committee. She previously served for several years as Chair of the firm's Labor and Employment Practice.
Representative Experience
- Created and assisted in implementation of early retirement program for large manufacturing company
- Successfully represented national retailer in enforcement of employee handbook wage
provisions - Obtained summary judgment for employer in high-profile executive race and sex discrimination case
- Enforced noncompete against individual in health care industry who was soliciting business in her former sales territory
- Renegotiated high-dollar severance agreements with former management employees based on after-acquired evidence of breaches of employment agreements
- Assisted company with lawful means of carrying out furloughs, reductions in force, and salary reductions in order to keep business afloat despite threatening economic forces
- Achieved favorable non-monetary settlements in two discrimination charges in which administrative agency was prepared to find employer in violation of law
Professional Associations
- Board of Directors, The O’Connor House
- Former Board Member and Secretary, Indiana Breast Cancer Awareness Trust
- Former Board Member, Hamilton Centers Youth Services Bureau
- Volunteer Pro Bono Services, Neighborhood Christian Legal Clinic
Awards & Recognitions
- Indiana Super Lawyers Rising Stars, 2011, 2012, 2014, 2016
- Graduate, Hamilton County Leadership Academy, 2006
Seminars & Presentations
- Presenter, "Respect in the Workplace," Meridian Plastic Surgeons, October 24, 2024
- Presenter, "Developments under the FLSA and Independent Contractor Status”, IMPACT Annual Conference, September 12, 2024
- Co-Presenter, "Employment Issues Impacting Center Managers: Hiring and Termination, Contracting, EEOC Law," National Association of Worksite Health Centers Annual Forum, August 22, 2024
- Presenter, "Employment Dos and Don'ts", Indiana Chamber of Commerce, July 7, 2024
- Co-Presenter, "FTC’s New Non Compete Rule and Evolving State Laws: The Impact on Worksite Health Centers," National Association of Worksite Health Centers Webinar, May 23, 2024
- Presenter, "Noncompetes", The Clinic: ISMA Podcast, April 25,2024
- Presenter, "ADA Discrimination Prevention and Accommodation Requests," Indiana Municipal Personnel Administrators for Cities and Towns Winter Meeting, December 7, 2023
- Presenter, "Navigating Mental Health and Substance Use Disorder Accommodation Obligations in the Workplace," Indiana Wellness Council’s Employer Connection Series, October 3, 2023
- Co-Presenter, "Trending Topics in Employment Law and Benefits Compliance," RESOLVE Benefits Conference, April 27, 2023
- Presenter, "Family and Medical Leave Act (FMLA) Overview," Indiana Municipal Personnel Administrators for Cities and Towns (IMPACT) Annual Conference, September 14, 2022
- Co-Presenter, "The Intersection of Medical, Legal, Occupational Health, and Employee Records," Indiana Health Care Association Annual Conference, August 15, 2022
- Presenter, "Reviewing and Responding to Religious Objections to the COVID-19 Vaccine," Indianapolis Bar Association, January 20, 2022
- Presenter, “Update on Status of New Federal COVID-19 Vaccination Requirements for Employers,” Healthcare Financial Management Association, December 13, 2021
- Presenter, "Overview of New Federal COVID-19 Vaccination Requirements for Employers," Krieg DeVault Webinar, November 10, 2021
- Presenter, "Legally Compliant Mental Health and Drug Free Policies," Wellness Council of Indiana Recovery at Work: Employer Mental Health and Substance Abuse Summit, September 15, 2021
- Presenter, "Hot Topics in Employment Law Including New Legislation Related to COVID-19," Accelerate Indiana Municipalities Municipal Law Seminar, June 25, 2021
- Presenter, "COVID-19 Vaccination Mandates in the Workplace," Krieg DeVault Podcast Series, June 21, 2021
- Presenter, "COVID Vaccine Legalities and Logistical Challenges," Enterprise Health, February 16, 2021
- Presenter, "Legal and Business Considerations for Employers Considering Mandating COVID-19 Vaccinations," Indiana Apartment Association, January 22, 2021
- Presenter, "Legal and Business Considerations for Employers Considering Mandating COVID-19 Vaccinations," Indiana Manufacturers Association, January 20, 2021
- Presenter, "COVID Vaccine Considerations for Employers," Indiana Chamber of Commerce, December 16, 2020
- Presenter, "Engaging Around Mental Health and Personal Safety with Your Team Members," Luna, First Person, June 23, 2020
- Presenter, "COVID-19 Checklist for Indiana Businesses & Organizations," Boone County Chamber of Commerce, April 28, 2020
- Presenter, "COVID-19 Health Care Businesses: Managing Staffing Reductions & Planning for Reopening," Indiana State Medical Association, April 24, 2020
- Presenter, "COVID-19 Guidance for Employers & Individuals," Indianapolis Bar Association, March 16, 2020
Publications
- Contributor, "COVID-19 Religious Exemption Concerns on Shaky Ground," Indiana Lawyer, January 5, 2022
- Co-Author, "Tis the Season: Court Issues Nationwide Temporary Stay of CMS Mandatory Vaccination Rule," December 2, 2021
- Author, "President Biden’s Vaccination Mandates under COVID-19 Action Plan," September 10, 2021
- Author, "Accommodating Employees Who Can't Return Due to COVID-19," Indiana Lawyer, March 17, 2021
- Co-Author, "Is Your Non-Compete Buy-Out Reasonable?" January 27, 2021
- Author, "Mandating COVID-19 Vaccinations: Employers Wrestle with Whether They Can and Should," December 18, 2020
- Co-Author, "COVID-19 Enforcement Plan Compliance Alert: K-12 Educational Institutions and Indiana's Face Covering Mandate," July 31, 2020
- Author, "How Much Can Employers Control Employees' Summer Travel During COVID-19? A lot." June 15, 2020
- Co-Author, "Returning to the Workplace: Addressing Requests to Work from Home and Refusals to Return to Work," June 7, 2020
- Author, "Getting Back on Track: How Indiana Businesses can Create the Plan Required by Governor Holcomb's Executive Order 20-26 to Keep Employees and Patrons Safe by the May 11, 2020 Deadline," May 3, 2020
- Co-Author, "What Can We Do? Coronavirus Guidance for Employers," March 5, 2020
- Co-Author, "DOL Final Rule on Regular Rate of Pay Goes into Effect January 15, 2020," January 1, 2020
- Co-Author, "Indiana Blue Pencil Doctrine is More of a Blue Pen Doctrine as it Permits Courts to Strike through but not Erase Unenforceable Provisions in Restrictive Covenants," January 1, 2020
Education
- J.D., cum laude, Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, 2001
- B.A. in Political Science, Miami University, Oxford, Ohio, 1998
Bar & Court Admissions
- Indiana, 2001
- U.S. District Court for the Northern District of Indiana, 2001
- U.S. District Court for the Southern District of Indiana, 2001
- 7th Circuit Court of Appeals, 2001
Certifications
- Legal Lean Sigma® White Belt