Employment

COA: Department of Labor should review claim

March 5, 2012
Jennifer Nelson
The Indiana Court of Appeals found that a woman’s lawsuit for unpaid wages should have first been brought before the Indiana Department of Labor before she filed her action.
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Union sues over right-to-work law

February 23, 2012
Jennifer Nelson
A northern Indiana labor organization has filed a lawsuit against Gov. Mitch Daniels and other state actors over the recent enactment of legislation that made Indiana a “right-to-work” state.
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COA upholds judgment in favor of employer in wrongful termination suit

February 21, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of the Indiana Department of Insurance in a lawsuit filed by a former employee claiming wrongful termination.
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Indiana becomes right-to-work state

February 2, 2012
IL Staff
Indiana Gov. Mitch Daniels signed legislation Wednesday making Indiana the 23rd right-to-work state. The law makes it illegal for any worker to be forced to pay union dues or fees or become a member of a labor union as a condition of employment.
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Senate passes 'right-to-work' bill by narrow vote

February 1, 2012
Jenny Montgomery
The Indiana Senate voted 28-22 in favor of House Bill 1001, which would make it illegal to require employees to pay union dues as a condition of employment.
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COA clarifies ruling in negligent hiring lawsuit

January 18, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.
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In issue of first impression, COA reverses union decision

December 20, 2011
Jenny Montgomery
Following denials from a union officer, three union panels and a trial court, three former union employees successfully convinced the Indiana Court of Appeals that they are entitled to payment for their accrued vacation time. But the COA opinion was not unanimous.
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Woman loses appeal for overtime pay

December 14, 2011
Jennifer Nelson
A sewing manager who sued her former employer to obtain overtime pay for work she did before her shift started lost her appeal because the employer didn’t know that she was working prior to her shift, the 7th Circuit Court of Appeals ruled Wednesday.
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Judges affirm employer's attendance policy is unreasonable

November 1, 2011
Jennifer Nelson
A company lost on appeal its argument that it had just cause to fire an employee after seven absences from work. The Indiana Court of Appeals agreed with previous findings that the company’s attendance policy is unreasonable.
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Students weigh in on jobs outlook

October 26, 2011
Jenny Montgomery
Employment data is less worrisome than law school loan debt.
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Fired professor wins one, loses another appeal

September 19, 2011
Jennifer Nelson
A tenured English professor at the University of Evansville who was fired after an inappropriate interaction with a fellow professor lost his appeal against his co-worker, but his case against the university will proceed.
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Judges disagree on whether use of names or initials is appropriate

September 14, 2011
Michael Hoskins
A clear divide exists at the Indiana Court of Appeals these days and is anything but confidential. Judges are debating whether parties’ names on certain cases should be released publicly or be shielded through use of initials only.
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Clerk of Court for Northern District retiring

August 18, 2011
Michael Hoskins
The longtime clerk for the Northern District of Indiana is retiring at the end of the year, and those interested in filling that vacancy have nearly a month to apply for the federal court position.
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Beyers: Law makes dishonesty legal on applications

August 17, 2011
Attorney Bill Beyers writes about a new law enacted by the Legislature that has made it easier for people with a criminal history to obtain employment.
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It is never too early to network

August 3, 2011
Jenny Montgomery

When Karen Murphy receives a resume, the first thing she does is ask around the office to see if anyone knows the applicant. Murphy, firm administrator for Drewry Simmons Vornehm, is one of many people who say that knowing the right people – and understanding how to talk to them – can offer new lawyers an advantage in a competitive job market.

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Appellate judges rule on court warrant officer's claim

July 19, 2011
Michael Hoskins
The Indiana Court of Appeals ruled an Anderson City Court judge didn’t wrongly reassign a police warrant officer from his courtroom because the two didn’t share an employee-employer relationship that would allow for a suit under the Indiana Wage Claim Statute.
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New lawyers face tough job market

June 22, 2011
Jenny Montgomery
In June, the National Association for Law Placement released key findings stating 2010 was the worst job market for law school graduates since the mid-1990s. For graduates whose employment was known, only 68.4 percent obtained jobs that required bar passage – the lowest number in that category since NALP began collecting data on law graduates in the early 1980s.
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Tax Court warns against arguing wages aren't taxable

May 16, 2011
Jennifer Nelson
In rejecting a man’s argument that his employment wages shouldn’t be subject to Indiana’s adjusted gross income tax, the Indiana Tax Court warned that those who present a similar argument in the future may be subject to paying the attorney fees of the other party.
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OSHA withdraws workplace noise rule interpretation after opposition

March 30, 2011
Michael Hoskins
When it comes to workplace injury, one often overlooked and potentially devastating injury is hearing loss resulting from high noise levels in a workplace.
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Applications being accepted for BLE executive director

January 3, 2011
Michael Hoskins
The Indiana Supreme Court is accepting applications through Jan. 21 for the state Board of Law Examiner’s executive director position. The BLE’s former executive director, Linda Loepker, resigned Dec. 6.
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Small law firm dissolving as 9 attorneys go to Bose McKinney

December 8, 2010
Michael Hoskins
Most of the lawyers at a civil litigation firm in Indianapolis are departing for one of the city’s largest law firms at the end of the year, dissolving a firm with a rich history that’s been around in some form since the early 1980s and has included some high-profile attorneys such as Birch and Evan Bayh.
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Indianapolis firm dissolving as some attorneys go to Bose McKinney

December 6, 2010
Michael Hoskins
Most of the lawyers at a civil litigation firm in Indianapolis are departing for one of the city's largest law firms at the end of the year, dissolving a firm with a rich history that's been evolving since the early 1980s and has included some high-profile attorneys such as Birch and Evan Bayh.
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Groups to offer August seminars on attorney retirement

June 9, 2010
Rebecca Berfanger
There’s an old joke in the legal profession that attorneys never retire.So the Indiana State Bar Association and Indiana Judges and Lawyers Assistance Program have partnered to present three conferences in late August about retirement preparation.
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Temporary and lessee worker same under act

March 25, 2009
Jennifer Nelson
In what appears to be the first time the Indiana Court of Appeals has been presented with a joint employer argument in the context of Indiana Code Section 22-3-6-1(a), the Worker's Compensation Act, the appellate court determined that "temporary employee" and "leased employee" are not mutually exclusive terms and are interchangeable.
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Firm cuts 2 percent of workforce

January 19, 2009
Michael Hoskins
Indianapolis law firm Ice Miller is cutting about 2 percent of its total workforce, a reduction that doesn't include any attorneys and that the firm denies is a result of the current economic climate.
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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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