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Court orders more proceedings on laborer’s pay

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The Boone Superior Court will need to take another look at a man’s lawsuit against R.L. Turner Corporation that claimed he was underpaid by the company for labor he provided on two public works projects, the Indiana Court of Appeals ruled Thursday.

In William Wressell v. R.L. Turner Corporation, 06A01-1301-PL-5, William Wressell claimed that while he was paid properly for work he performed as a classified skilled cement mason under the Common Construction Wage Act, he actually performed other tasks as a skilled carpenter or skilled laborer and should have received a higher wage and higher fringe benefits for that work.

Wressell worked for RLTC for nearly a year on two projects – one at Purdue University and one at Indiana University. He filed his lawsuit alleging underpayment after receiving authorization from the Office of the Indiana Attorney General to pursue his claims in court.
 
RLTC and Wressell both moved for summary judgment. The Boone Superior Court ruled in favor of RLTC.

At issue in the appeal is the trial court’s striking of certain portions of an affidavit from Monte Moorhead, a field auditor with the Indiana Department of Labor, Wage and Hour Division. The affidavit included statements about how fringe benefits are classified and that employer expenses that are part of its regular overhead costs of doing business or are for the primary benefit of the employer are not treated by the IDOL as employee fringe benefits. The trial court concluded that paragraphs 12-18 on the fringe benefits were irrelevant and legal conclusions.

But the Court of Appeals disagreed, finding the paragraphs in question to be “unquestionably relevant,” Judge Cale Bradford wrote. “Whether IDOL considers a certain type of payment to be a fringe benefit strikes us as evidence that would be quite helpful to the factfinder in characterizing that payment, and therefore relevant.”

The judges also held that Moorhead’s averments regarding IDOL policy and whether it treats certain types of payments as fringe benefits do not constitute legal conclusions.

There are genuine issues of material fact regarding Wressell’s job classification on the jobs and whether Wressell was sufficiently paid for fringe benefits, the judges held, so they remanded for further proceedings. The COA judges also denied RLTC’s request for appellate attorney fees.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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