labor and employment

Appeal: Commercial court, without notice, idled worker

May 18, 2017
Dave Stafford
One of the first appeals from an Indiana Commercial Court alleges the specialized docket touted as a speedier, more efficient means of resolving complex business disputes operated in secret to keep a glass-industry engineer out of a job in his profession for a year.
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Justices weigh whether negligent hiring claim allowed against Pizza Hut

May 18, 2017
Olivia Covington
In its first oral arguments as a temporarily four-person bench, the Indiana Supreme Court considered Thursday whether the plaintiff in a wrongful death case can bring employment-based claims against an employer if the employer has admitted the employee involved in the death was acting in the scope of their employment.
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57 percent of 2016 Indiana law graduates have full-time JD-required jobs

May 17, 2017
Marilyn Odendahl
A little more than half of the 2016 graduates of Indiana law schools have full-time, long-term jobs where bar passage is required, according to American Bar Association employment statistics.
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Holcomb’s executive order expected to 'ban the box' in state job applications

May 17, 2017
Marilyn Odendahl
A bill prohibiting communities from enacting their own ban the box ordinances stirred divisions in the Indiana Legislature with supporters arguing for employers’ rights and opponents citing the need for individuals to have equal opportunities for jobs. However, when Gov. Eric Holcomb announced his intention to sign Senate Enrolled Act 312, he brought some rare unity between the two sides. Along with enacting the new law, the governor also said he would sign an executive order that will essentially ban the box for state agencies.
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Car dealer Dreyer & Reinbold facing discrimination suit

May 16, 2017
IBJ Staff
Luxury automobile dealership Dreyer & Reinbold Inc. is facing a federal trial after being sued for discrimination by a former employee who says she was fired because she suffered a stroke.
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COA to hear oral arguments in Bloomington this week

May 15, 2017
IL Staff
The Indiana Court of Appeals is headed to Bloomington this week to hear oral arguments in a case involving a question of duty of care to a construction worker injured while working on an Indiana University construction project.
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Supreme Court to hear whistleblower case against IDEM

May 12, 2017
IL Staff
A former state employee who claims she was fired for blowing the whistle on questionable payment practices in the Indiana Department of Environment Management will bring her case before the Indiana Supreme Court next week, when she will urge the justices to allow her complaint against the state agency to continue.
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Doctor suspended for sex with patient sues over board minutes

May 12, 2017
John Russell
An Indianapolis doctor whose license was suspended after he admitted to having a five-year sexual relationship with a patient says he has been libeled by the Indiana Medical Licensing Board for how it recorded the matter in its official minutes.
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Company must face fired worker’s religion discrimination claim

May 11, 2017
Dave StaffordMore

Justices create framework for determining admissibility of immigration status

May 4, 2017
Olivia Covington
After reversing a trial court’s decision to admit a plaintiff’s unauthorized immigrant status as evidence in his case for decreased earning capacity damages, the Indiana Supreme Court laid out a new framework Thursday for determining when immigration status can be admissible.
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Judge approves $227M in FedEx driver suit settlements

May 3, 2017
Dave Stafford
FedEx Corp. will pay more than $227 million to settle some of the long-running lawsuits brought by drivers in Indiana and 18 others states who claim they were undercompensated because the company classified them as independent contractors rather than full-time workers.
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High court may re-examine Civil Rights Act after LGBT ruling

April 6, 2017
 Associated Press
A ruling by the 7th Circuit Court of Appeals in Chicago in and Indiana case reopens the question of whether the 1964 Civil Rights Act’s protections apply to LGBT workers in the same way they bar discrimination based on someone’s race, religion or national origin.
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7th Circuit: Title VII interpretation follows precedent

April 5, 2017
Marilyn Odendahl
The employment discrimination complaint that began as a pro se filing by an Indiana math teacher has led the 7th Circuit Court of Appeals to become the first federal appellate court to find the Civil Rights Act of 1964 provides protection for LGBT workers.
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Judge awards $850,000 to 8 fired Anderson city workers

April 4, 2017
 Associated Press
A federal judge has ruled the city of Anderson must pay about $850,000 to eight people who were fired when a new mayor took office in 2012.
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'Ban the box' Senate bill passes House

March 29, 2017
Olivia Covington
As the Indiana General Assembly moves closer to the end of the 2017 long session, state legislators are beginning to hold their final votes on various bills, including legislation on “ban the box” provisions.  
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COA remands child support case

March 27, 2017
Olivia Covington
An Indiana trial court did not err in finding a Marion County father is voluntarily underemployed, yet it failed to consider evidence of the father’s prevailing job opportunities or earnings level, the Indiana Court of Appeals found Monday.
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High court struggles over hospital pension dispute

March 27, 2017
 Associated Press
The Supreme Court of the United States is struggling over whether some of the nation's largest hospitals should be allowed to sidestep federal laws protecting pension benefits for workers.
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COA reinstates right-to-work case, says federal law preempts state claims

March 23, 2017
Olivia Covington
Although former members of a Fort Wayne union did make a claim upon which relief can be granted after their former union continued to take dues from their checks without their consent, the Indiana Court of Appeals ruled Thursday that federal labor law is preemptive in the state court case.
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Paying dues under right-to-work

March 22, 2017
Olivia Covington
Drivers claim illegal union withholdings in case where checkoff cards are key.
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Adolay: The consequences of improper employee classification

March 22, 2017
A dangerous yet continued way of thinking by some companies is that the company can enter into a contract with an individual and call it an independent contractor agreement, agree on how that agreement will be structured, and be protected from liability normally attributed to an employer. This misconception carries a potential for significant damages for the company and its decision-makers.
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Walker: EEOC investigative subpoena power to be tested

March 22, 2017
The Supreme Court of the United States is specifically addressing how appellate courts should review district courts’ decisions to quash or enforce an EEOC subpoena.
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Woman may amend tortious interference claim against Allison Transmission

March 15, 2017
Olivia Covington
A woman who alleges that an Indianapolis company contributed to her employment termination may continue her defamation claim against the company and amend her tortious interference claim pursuant to Indiana trial rules, the Indiana Court of Appeals has ruled.
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Strip club operator accused of exploiting dancers

March 13, 2017
 Associated Press
A Colorado company that owns over a dozen strip clubs around the country, including in Indianapolis, is facing a federal lawsuit over allegations that it exploited its dancers by requiring them to pay fees in order to work.
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COA to hear right-to-work case at IU Maurer

March 1, 2017
IL Staff
A panel of the Indiana Court of Appeals will hold oral arguments in a case involving Indiana’s controversial right-to-work law at the Indiana University Maurer School of Law this week.
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Acupuncture clinic fails to prove point before COA

February 24, 2017
Jennifer Nelson
An employee at an Indiana acupuncture and yoga facility who was repeated screamed at by the owner had good cause for quitting and is thus entitled to unemployment benefits, the Indiana Court of Appeals affirmed Friday.
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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

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