ILNews

COA: Man needed to submit claim under Wage Claims Statute

Back to TopCommentsE-mailPrintBookmark and Share

An employee’s status at the time he or she files the claim is the relevant inquiry in determining whether he or she proceeds under the Wage Payment Statute or the Wage Claims Statute, ruled the Indiana Court of Appeals.

Robert and Keisha Hollis, on behalf of themselves and all others similarly situated, sued Defender Security Co., alleging Defender had violated the Wage Payment Statute by failing to pay agreed wages in a timely fashion. Several months earlier, Robert was “involuntarily separated” from Defender. The trial court dismissed Robert’s claims. Only his claims are at issue in this interlocutory appeal.

The Wage Payment Statute and Wage Claims Statute both deal with wage disputes, but involve different categories of claimants. The Wage Payment Statute refers to current employees and those who have voluntarily left employment. The Wage Claims Statute refers to employees who have been separated from work by their employer and employees whose work has been suspended as a result of an industrial dispute.

In Robert Hollis, et al. v. Defender Security Company, No. 49A02-1004-PL-464, Robert argued his claims shouldn’t have been dismissed because they were brought under the Wage Payment Statute so he wasn’t required to submit them to the Department of Labor. Based on St. Vincent Hosp. & Health Care Ctr. Inc. v. Steele, 766 N.E.2d 699, 704 (Ind. 2002), he claimed which statute to proceed under depends on the employee’s status when the claim accrues as opposed to the employee’s status when he or she files the claim.

Robert argued it is irrelevant that he was involuntarily separated from Defender before he filed his complaint because he wasn’t alleging a violation of the Wage Claims Statute. The judges interpreted his argument to be that an employee who was involuntarily separated would have to file a complaint based on the Wage Payment Statute for alleged violations that occurred prior to the separation. An employee would then submit a separate claim with the DOL under the Wage Claims Statute for alleged violations that occurred during the final pay period.

The judges determined that the relevant inquiry is to the status of the employee at the time he or she filed the claim as to what statute he or she should proceed under, Judge Michael Barnes wrote.

“Robert was involuntarily separated from Defender when he filed his claims and, as such, his claims fell under the Wage Claims Statute. Instead of submitting his claims to the DOL, as required by Wage Claims Statute, Robert improperly filed a complaint based on the Wage Payment Statute,” he wrote. “Because Robert did not allege any Wage Claims Statute violations and submit his claims to the DOL, the trial court properly dismissed Robert’s claims.”
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

ADVERTISEMENT