labor and employment

State union membership counters national trend

January 27, 2015
 Associated Press, IBJ Staff
Indiana bucked a national trend in 2014 by experiencing an increase in labor union membership, new statistics released by the U. S. Labor Department show.
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Menard accused of witness tampering

January 19, 2015
IBJ Staff, J.K. Wall
The gritty legal battle between hardware store titan John Menard Jr. and Indianapolis power couple Steve and Tomisue Hilbert now includes this accusation: trying to buy off a witness.
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Full 7th Circuit declines to rehear right-to-work appeal

January 15, 2015
Jennifer Nelson
An even split among all of the 7th Circuit Court of Appeals judges as to whether to rehear an appeal challenging Indiana’s right-to-work law means that its previous affirmation of the law will stand.
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Right-to-work court battle may not be over

December 31, 2014
Marilyn Odendahl
Despite a series of court rulings upholding Indiana’s right-to-work law, unions are not stopping their efforts to have the law overturned. Some opponents are considering petitioning for a review by the Supreme Court of the United States as well as filing another lawsuit in Indiana state court.
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Supreme Court dismisses appeal in right-to-work case

December 17, 2014
Jennifer Nelson
The Indiana Supreme Court dismissed a Lake County lawsuit challenging the state’s right-to-work law after the state and plaintiffs filed a motion to dismiss.
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Union loses challenge to state’s right-to-work law

November 7, 2014
Jennifer Nelson
The Indiana Supreme Court has ruled that two sections of the state’s right-to-work law do not violate the Indiana Constitution. A union had asked a Lake County judge to declare the entire statute unconstitutional.
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Indiana Supreme Court upholds right-to-work law

November 6, 2014
Jennifer Nelson
The Indiana Supreme Court has ruled that two sections of the state’s right-to-work law do not violate the Indiana Constitution. A Lake County judge declared the challenged statutory provisions unconstitutional in a July 2013 ruling.
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US Supreme Court hears dispute over pay for security checks

October 8, 2014
 Associated Press
Several Supreme Court justices seem disinclined to find that employers must pay workers for time spent waiting to go through anti-theft security checks at the end of their shifts.
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Former workers file suit against state lawmaker

September 29, 2014
 Associated Press
A lawmaker who was one of nine Republican state senators to vote against a right-to-work law two years ago is accused in a lawsuit of failing to pay his employees more than $220,000 in wages and other benefits.
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Child services investigators claim unpaid overtime

September 25, 2014
 Associated Press
Two Indiana Department of Child Services investigators say in a lawsuit that they've had to work extensive overtime without receiving required overtime pay.
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Justices hear constitutional challenge to right-to-work law

September 4, 2014
Dave Stafford
Indiana’s right-to-work statute is clearly anti-union, one state Supreme Court justice said Thursday, but all five justices seemed dubious of arguments that it violated the state constitution.
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Divided 7th Circuit affirms dismissal of RTW challenge

September 2, 2014
Jennifer Nelson
A split panel on the 7th Circuit Court of Appeals has affirmed the decision by a federal judge in northern Indiana to dismiss a lawsuit brought by a union challenging Indiana’s right-to-work law. The majority concluded the law does not violate the union members’ rights under the U.S. Constitution nor is it preempted by federal labor legislation.
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Justices halt ruling striking down right-to-work law

September 2, 2014
 Associated Press
The Indiana Supreme Court on Friday put on hold a lower court judge's ruling striking down the state's right-to-work law and denied a request that it be consolidated with a similar case, clearing the way for the justices to hear arguments on the issue next week.
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Court rules against FedEx in drivers' labor case

August 29, 2014
 Associated Press
A federal court has ruled that FedEx Corp. improperly classified about 2,300 drivers in California as independent contractors instead of employees.
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Attorneys want 2 right-to-work cases combined

August 26, 2014
 Associated Press
The Indiana attorney general's office and attorneys for two sets of plaintiffs challenging the state's right-to-work ban on certain union fees want the Indiana Supreme Court to consolidate the cases.
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Judge denies stay in right-to-work law case

August 20, 2014
A northwest Indiana judge has rejected a request by the Indiana attorney general's office that he put on hold his order striking down the state's right-to-work law until the state Supreme Court rules on a similar case.
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Second court knocks out Indiana's labor law on constitutional grounds

August 13, 2014
Marilyn Odendahl
Two years after Indiana’s right-to-work law fought its way out of the Statehouse, the measure has suffered another knockout blow in a state court. Plaintiffs have successfully convinced two courts that the Indiana Constitution has given the controversial statute a glass jaw.
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Workplace threat injunction deemed invalid

August 13, 2014
Dave Stafford
An employee’s reported threat to blow his boss’s head off resulted in an injunction barring him from the workplace, but the Indiana Court of Appeals reversed recently in a case that highlighted conflicting statutes aimed at preventing violence on the job.
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Column: ENDA would protect sexual orientation, gender identity

August 13, 2014
With same-sex marriage gaining momentum in Indiana and across the nation, it is no surprise that protection from discrimination in the workplace based on sexual orientation and gender identity is most likely on the horizon.
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Gruber: NLRB announcement shakes up joint-employer standard

August 13, 2014
It is ironic that the week after Burger King’s new CEO is heralded for a profitability plan designed around the increase of franchises and the reduction of company-owned locations, the general counsel of the National Labor Relations Board directed officials to treat McDonald’s USA as a “joint employer” with its franchisees for purposes of the National Labor Relations Act.
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State asks judge to delay right-to-work ruling

July 25, 2014
 Associated Press
The Indiana attorney general's office has asked a judge to put on hold his order striking down the state's right-to-work law.
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Supreme Court lets lawyer’s suit against Duke Realty proceed

July 25, 2014
Dave Stafford
The Indiana Supreme Court summarily affirmed a Court of Appeals ruling that a jury should decide whether a real estate company intentionally induced a law firm to terminate an attorney’s partnership agreement as the result of a dispute over a land agreement.
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Lake Co. judge strikes down Indiana right-to-work

July 24, 2014
 Associated Press
A Lake County judge struck down Indiana's right-to-work ban on certain union fees in a second legal blow to the contentious law passed in 2012.
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Fired DOC counselor’s sex-discrimination claim revived by 7th Circuit

July 22, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals reinstated a former Department of Correction substance abuse counselor’s lawsuit alleging sex-discrimination and hostile work environment, finding she was treated differently as compared to the employee she had an affair with while working at a maximum-security prison.
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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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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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