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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. 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.

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