The Indiana Publisher

Overtime changes looming Veto forces appeal to Indiana Supreme Court Move could increase salary threshold to $50K Publisher The Indiana Volume 81, Issue 4 • April 14, 2016 Published on second Thursday monthly Register online in five minutes at www.HSPAfoundation.org/road-show Wednesday JUNE 29 Indianapolis for Road Show Reporters A reporting workshop sponsored by HSPA Foundation and Indiana APME Appellate court briefs: State appeals process gets dose of digital trans- parency with download- able briefs. Page 8 Hey, can they do that? Steve Key answers your media law questions. Page 5 Key Points: Are your reporters getting everything they are entitled to from police? Page 8 INSIDE Mark your calendar! HSPA Conference Sept. 15-16, 2016 Indianapolis T he U.S. Department of Labor may finalize an overtime rule change in May that could dramatically impact newspaper opera- tions. It would more than double the salary test used to determine if an employee is eligible for overtime pay. The current federal threshold is $23,660. If an employee makes less than that amount, the employer must pay overtime for work over 40 hours in a week. The proposal raises that threshold to $50,440 – a jump of 113 percent. "Let me be clear, the current salaries test, which hasn't changed since 2004, should be increased," says David Chavern, president and chief executive officer of the Newspaper Association of America. "But addressing a decade of inaction with an immediate 113 percent increase will result in unintended consequences that will ultimately hurt current employees." Newspaper Association of America and National Newspaper Association representatives were scheduled to meet with Department of Labor officials to urge an adjustment to the pro- posal. T he final word on private uni- versity police records is back in the hands of Indiana's appellate court system. An attempt by the Indepen dent Colleges of Indiana to inoculate pri- vate colleges from a recent court rul- ing was blocked by Gov. Mike Pence's veto of H.E.A. 1022. The Indiana Senate and House of Representatives sent the bill to Pence despite HSPA opposition throughout the 2016 legislative session. It would have allowed private uni- versity police to keep more records secret than public police departments under the Access to Public Records Act. The legislation would have essen- tially codified on the state level the federal Clery Act, which in part allows police to limit the release of information unless an arrest occurs. Pence vetoed the measure March 24. "Throughout my public career, I have long believed in the public's right to know and a free and indepen- dent press," Pence said in a release. "Limiting access to police records in a situation where private university police departments perform a govern- ment function is a disservice to the public and an unnecessary barrier to transparency." HSPA lobbied against H.E.A. 1022, authored by Rep. Pat Bauer, D-South Bend, because the standards differed so greatly from what all other police departments in the state – includ- ing those at public universities – are required to report under the Access to Public Records Act. HSPA Executive Director and General Counsel Steve Key believes the proposed legislation, written by representatives from the Independent Colleges of Indiana, was in response to an ongoing court case pitting ESPN against the University of Notre Dame. Notre Dame refused to give ESPN crime reports concerning student ath- letes. The university said its police department is not subject to state See Overtime, Page 7 Private college seeks to retain police records See Appeal, Page 6 Legislative Wrap-up HSPA followed dozens of bills during the 2016 General Assembly H.E.A. 1019 establishes the rules for public access to police cruiser and body camera video. It gives law enforcement the ability to deny all requests, but the denial may be challenged in court, with the burden on police to justify secrecy. S.E.A. 380 allows rede- velopment commissions to meet when a majority of members participate remotely. HSPA is con- cerned about where the line will be drawn for other local governing bodies. S.E.A. 131 removes barriers to the release of information by the Department of Child Services when a child is severely injured or dies while under DCS care. FULL LEGISLATIVE WRAP-UP AT WWW.HSPA.COM A U.S. Department of Labor proposal could affect newspaper budgets by raising the federal overtime salary threshold by 113 percent.

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