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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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