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COA: Department of Labor should review claim

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The Indiana Court of Appeals found that a woman’s lawsuit for unpaid wages should have first been brought before the Indiana Department of Labor before she filed her action.

In Brandy L. Walczak v. Labor Works-Fort Wayne, LLC, d/b/a Labor Works, No. 02A04-1109-PL-509, Brandy Walczak, who filed her suit on her behalf and all others similarly situated, appealed the grant of summary judgment for Labor Works – Fort Wayne. Labor Works provides temporary day-laborer services to business. Those who seek work assignments for the day must show up at Labor Work’s facility that morning and there is no guarantee there will be work. Walczak sought work sporadically through Labor Works over the course of nearly four months. She was hired to work one day. She filed her lawsuit in February 2010 alleging violations of the Wage Payment Statute and the Wage Deduction Statute.

Labor Works filed for summary judgment, claiming Walczak didn’t have the right to file the lawsuit and the court didn’t have jurisdiction over her claim.

The appellate court reversed summary judgment, finding that she had to first submit her claim to the Department of Labor for resolution.

“The determination of whether, when she filed her complaint in the instant action, Walczak was separated from the payroll by Labor Works within the meaning of the Wage Claims Statute is a question of fact, not a matter of statutory interpretation,” wrote Judge Ezra Friedlander.

The judges held that this type of fact-sensitive inquiry should be resolved in the first instance by the administrative agency. The trial court lacked subject matter jurisdiction over the claims until the DOL had made a determination on that question.

The COA ordered the trial court to dismiss the complaint.

 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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