Employment

Professor’s sex discrimination claim properly tossed

August 28, 2015
Dave Stafford
An Indiana University Medical School professor’s sex discrimination claim filed after her firing was insufficient to survive summary judgment, the 7th Circuit Court of Appeals affirmed Friday.
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Union wins closely watched labor case over who’s the boss

August 28, 2015
 Bloomberg News
More companies may be held responsible for labor-law violations committed by contractors and forced to negotiate wages and benefits with their workers under a decision by a politically split U.S. labor board.
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Independent contractor or employee: DOL gives guidance

August 26, 2015
Carolyn Hall
In mid-July, the administrator for the Department of Labor’s wage and hour division issued an interpretation to give guidance about whether a worker is an independent contractor or an employee.
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Proposal would double salary threshold for exempt employees

August 26, 2015
Dave Stafford
Employment attorneys and their clients large and small are scrambling to find ways to deal with a likely change in federal regulation that could more than double the earnings threshold for workers classified as exempt from overtime.
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Ex-Columbus teacher’s FMLA violation claims reinstated

August 25, 2015
Dave Stafford
A Columbus teacher who claimed his contract wasn’t renewed after he missed 23 days of school should have his day in court on his claims that the school system interfered with his rights under the Family Medical Leave Act and retaliated against him.
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Indiana officials issuing fewer waivers to state ethics law

August 17, 2015
 Associated Press
State records show that Indiana officials have been issuing fewer waivers that would let state employees take related jobs in the private sector before a yearlong wait.
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Fired Polaris technician wins reversal at 7th Circuit

August 14, 2015
Marilyn Odendahl
A former Indianapolis lab technician presented enough evidence to support her claims of discrimination and retaliation that the 7th Circuit Court of Appeals overturned summary judgment in favor of her former employer.
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Merger fever strikes

August 12, 2015
Marilyn Odendahl
The handful of Hoosier law firms that combined during the last two years highlight a pair of emerging trends of interest to those who watch law firm merger and acquisition activity.
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Protecting jobs from protective orders

July 29, 2015
Marilyn Odendahl
A little-noticed bill signed into law May 5 provides new protections in the workplace for victims trying to untangle themselves from domestic violence situations.
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Former HHGregg manager wins class-action suit over bonuses

July 22, 2015
Scott Olson, IBJ Staff
A former HHGregg Inc. manager has won his lawsuit charging that the company failed to pay incentive bonuses after reaching certain financial goals.
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Judge orders Homeland Security chief, others to court

July 9, 2015
 Associated Press
A federal judge in Texas has threatened to hold Homeland Security Secretary Jeh Johnson and other top immigration enforcement officials in contempt of court for not fixing problems that led to work permits being mistakenly awarded under President Barack Obama's executive immigration action after the judge had put the plan on hold.
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Despite rebuke, Court of Appeals tosses default judgment

July 6, 2015
Marilyn Odendahl
A defendant who consistently failed to appear for scheduled hearings in small claims court gained a reprieve, but with an admonishment, from the Indiana Court of Appeals.
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COA senior law clerk to become court’s new administrator

June 24, 2015
IL Staff
Attorney Larry L. Morris will succeed Steve Lancaster as the new court administrator for the Indiana Court of Appeals, effective October 1, the court announced Wednesday. Lancaster will retire in September after 20 years with the court.
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COA: No evidence employee violated professional conduct rule

May 26, 2015
Jennifer Nelson
The Indiana Court of Appeals on Tuesday reversed the denial of a man's application for unemployment benefits, finding the record doesn't support that he was fired for just cause for violating his employer's professional conduct rules. The man kept a mentally disabled client in a hot car, citing his safety and the safety of other riders.
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2014 law school grads see slight uptick in employment

May 1, 2015
IL Staff
National data released by the American Bar Association shows that the Class of 2014 has a slightly larger percentage of its graduates employed in long-term, full-time positions that require bar passage as compared with the Class of 2013.
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COA: Company sought to prevent competition, not protect trade secret

April 14, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed the grant of a directed verdict in favor of the defendants in a lawsuit alleging they divulged confidential information and trade secrets after departing a computer systems company and began working for a competitor.
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Senate panel approves repeal of construction wage law

April 7, 2015
 Associated Press
Indiana's practice of having local boards set wages for public construction projects would be repealed under a GOP-led push that Senate committee members approved Tuesday, a move opponents say could have a negative impact on the industry's workforce.
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Workplace equality: Employers must be of aware court-ordered requirements

March 25, 2015
Dave Stafford
The advice labor and employment attorneys provide companies is changing in light of recent court decisions on Indiana’s laws governing same-sex marriage, and it may change again when the Supreme Court of the United States rules on the issue.
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Focus: The transgender employees: guidance for employers

March 25, 2015
With the increased visibility of transgender people in the media, you’ve probably heard about Jazz Jennings, the 14-year-old activist who recently landed a show on TLC which will feature her family and how she deals with typical teen drama as a transgender individual. Or, you’ve spent a Saturday binge watching the Netflix hit “Orange is the New Black,” a show staring Laverne Cox, a transgender actress and LGBT advocate, who is the first openly transgender person to be nominated for an Emmy. It is refreshing to see trans people in the media as it reflects our growth and acceptance as a society for those who have been historically mistreated and underrepresented.
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COA finds man justly fired for violating sexual harassment policy

March 3, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the decision by an administrative law judge that a nurse was not fired for just cause. The COA noted surprise that the man's claims he was joking when he made sexually inappropriate comments to co-workers led the ALJ to decide the actions did not amount to violation of his employer's sexual harassment policy.
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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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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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