Brandy L. Walczak, et al. v. Labor Works – Fort Wayne, LLC, et al. - 10/11/12

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Thursday  October 11, 2012 
9:00 AM  EST

9 a.m. 02S04-1208-PL-497. In this wage dispute, the trial court awarded summary judgment to Labor Works based on the court’s determination that Walczak’s complaint was governed by the Wage Claims Statute, and not the Wage Payment Statute, and therefore should have first been submitted to the Indiana Department of Labor. The Court of Appeals reversed and remanded with instructions to dismiss the complaint, holding that the determination of which statute governs Walczak’s complaint must first be made by the Department, not the trial court.

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