Employment

Senate to take up repeal of state construction wage law

February 25, 2015
 Associated Press
The leader of the Indiana Senate says it will take up a Republican-led push to repeal the state law that sets wages for public construction projects.
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COA rules teachers may negotiate for ancillary duty compensation

January 28, 2015
Jennifer Nelson
A dispute between a school corporation and teachers association that made its way before the Indiana Court of Appeals led to the court concluding the teachers may qualify for overtime for performing school-related duties outside of their normal teaching hours.
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7th Circuit affirms dismissal of workplace discrimination suit

January 28, 2015
Dave Stafford
A Sudanese woman’s discrimination suit against a Jeffersonville shipyard where she had worked as a welder was properly dismissed, the 7th Circuit Court of Appeals ruled Tuesday.
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Panel backs religion-based hiring by Indiana contractors

January 27, 2015
 Associated Press
An Indiana legislative panel has endorsed a bill allowing religious institutions that receive state and local government contracts to make hiring decisions based upon religion.
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Severely injured worker allowed to make case to jury

January 23, 2015
Marilyn Odendahl
A man who sustained life-changing injuries from a workplace accident is entitled to have his day in court to present his claims to a jury, the Indiana Court of Appeals ruled.
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Justices: ‘Value’ threshold for workers’ comp liability not just direct monetary payment

January 22, 2015
Jennifer Nelson
The “value” attributable to the performance of work that triggers secondary liability under the Worker’s Compensation Act includes both direct monetary payment as well as any ancillary consideration received for the work, the Indiana Supreme Court ruled in a case of first impression.
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Woman fails to prove discrimination claims after she lost counseling job

December 10, 2014
Jennifer Nelson
A woman who was not hired by the private company the Department of Correction contracted with to provide counseling for inmates could not prove the company’s decision was due to age or sex discrimination.
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Reservist entitled to full longevity pay despite time away from police force

December 10, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals held Tuesday that a Plymouth, Indiana, patrolman should receive the $2,700 in longevity pay he is entitled to from the city under an ordinance. The city cut the payment by two-thirds because the man served eight months on activity duty in the U.S. Air Force.
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Fewer young attorneys enter graying profession, instead find alternative uses for JDs

December 3, 2014
Dave Stafford
Recent Indiana law school graduates are broadening their horizons, with many taking nontraditional post-graduate paths in the business world as the legal profession is increasingly graying.
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Former sheriff’s deputies lose suit challenging promotion process

September 24, 2014
Jennifer Nelson
Because the phrase “shall endeavor” should be read to mean one shall try, the Indiana Court of Appeals rejected two Indianapolis Metropolitan Police Department officers' arguments that they should have been promoted to captain. The two claimed because they were former sheriff’s deputies, the consolidation of the sheriff’s and city police departments in 2006 required their promotions to maintain proportional representation.
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Court must hold hearing on injunction involving medical practice

September 10, 2014
Jennifer Nelson
A trial court’s assessment of the public interest regarding whether a doctor is prohibited under a noncompete agreement to practice within 25 miles of his former office in Rensselaer was contrary to law, the Indiana Court of Appeals held Wednesday. The judges reversed the denial of a motion for a preliminary injunction preventing the doctor from opening a new practice next door to his previous one.
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COA: Break in employment triggered non-compete agreement

August 28, 2014
Jennifer Nelson
A man who joined a competitor immediately after his employment ended at another company did not violate a non-compete agreement, the Indiana Court of Appeals ruled Thursday. The judges agreed that a 10-day break in employment with the prior employer two years earlier constituted the beginning of his non-compete agreement, and his new job falls outside that two-year non-compete restriction.
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COA rules workers’ comp is remedy for temporary employee

August 26, 2014
Marilyn Odendahl
A man who suffered severe heat stroke while working as a temporary employee failed to convince the Indiana Court of Appeals this his only employer was the temp agency.
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Court correctly ruled man with terminated employment contract could retire

August 6, 2014
Jennifer Nelson
An employment contract between a certified public accountant and his employer did not prohibit the CPA from retiring from his position after the company announced it would not be renewing his contract, the Indiana Court of Appeals concluded Wednesday.
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Former Marion Superior court administrator takes UIndy post

July 31, 2014
Dave Stafford
The former administrator of Marion Superior Courts has taken a key position directing the growth of the University of Indianapolis.
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Simon, Lilly attorneys among top-paid general counsel

July 18, 2014
IL Staff
General counsel for two Indianapolis-based Fortune 500 companies are among the 100 highest-compensated corporate attorneys, according to Corporate Counsel’s 2014 Survey.
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Ex-HHGregg manager's lawsuit grows into class-action

July 15, 2014
Scott Olson, IBJ Staff
A lawsuit brought by a former HHGregg Inc. manager charging that the company failed to pay incentive bonuses has been granted class-action status by a Marion Superior Court judge.
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COA tosses injunction issued after alleged workplace threat

July 11, 2014
Dave Stafford
An injunction against an employee who allegedly told a company therapist that he was going to blow his supervisor’s head off is void because it arose from a labor dispute, the Indiana Court of Appeals ruled Friday.
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7th Circuit reinstates CSX worker’s sex discrimination claims

July 11, 2014
Dave Stafford
The 7th Circuit Court of Appeals Thursday reinstated sex discrimination and retaliation claims from a woman who alleges she was denied opportunities to advance as a railroad yardmaster with CSX Transportation Inc.
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7th Circuit orders agency to reconsider denial of benefits

July 10, 2014
Jennifer Nelson
Finding the “logical bridge” between evidence and conclusion that is needed to affirm a denial of disability benefits was not “sound” in a case before them, the 7th Circuit Court of Appeals reversed a lower court’s affirmation of the denial of a woman’s Social Security disability benefits.
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Woman loses appeal of discrimination lawsuit against employer

July 8, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court that a pharmaceutical company did not discriminate against a sales representative based on her age or retaliate against her for filing a complaint with the Equal Employment Opportunity Commission.
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Thomas to resign as Indiana's inspector general

July 8, 2014
 Associated Press
The only person to serve as Indiana's top ethics watchdog since the position of inspector general was created in 2005 is planning to leave.
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Janitor loses pro se complaint alleging discrimination

June 20, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals noted that it was a “close call” whether a man worked in a hostile work environment as a school temporary janitor, but judges found that he could not meet his legal burden to prove that he suffered severe or pervasive harassment based on his race.
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Starting salaries increase slightly for 2013 law grads

June 19, 2014
Jennifer Nelson
The median starting salaries for 2013 law school graduates rose slightly to nearly $62,500, according to data released by NALP Thursday. More grads also found jobs nine months out of school, but the unemployment rate rose due to the increased size of the graduating class.
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Employability begins long before graduation day

June 18, 2014
Marilyn Odendahl
To get a job as a lawyer, applicants need legal skills, such as analytical thinking, but employers today are also looking for new hires who have the so-called “soft skills.”
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  1. 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?

  2. 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

  3. 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.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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