labor and employment

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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Justices question meaning of EBITDA in HHGregg manager bonus case

February 23, 2017
Olivia Covington
After a key member of HHGregg’s leadership team died in 2012, his $40 million life insurance policy was paid out to the company and brought that year’s total earnings to $143.5 million. Now, senior managers on the HHGregg team say they should receive bonuses based on the total 2012 earnings, claiming that the life insurance policy propelled the company to an earnings level that warranted extra compensation for their work.
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Supreme Court to hear HHGregg, managers’ incentive fight

February 22, 2017
Dave Stafford
The Indiana Supreme Court will hear a case Feb. 23 in which a trial court and the Indiana Court of Appeals reached opposite conclusions about whether key HHGregg managers were entitled to incentive bonuses triggered by the company’s receipt of $40 million from an executive’s life insurance proceeds.
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Trump's second pick for Labor differs more in style than policy

February 17, 2017
 Bloomberg News
President Donald Trump’s second nominee for labor secretary,  R. Alexander Acosta, represents a bigger contrast with the prior pick on biography and personal style than on policy substance.
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Trump names law school dean as new choice to become labor secretary

February 16, 2017
 Associated Press
President Donald Trump on Thursday announced law school dean R. Alexander Acosta as his new labor secretary nominee, one day after his original pick abruptly withdrew from consideration.
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Court denies motions attacking jury verdict for worker in wage suit

February 10, 2017
Dave Stafford
A federal judge Thursday rejected motions for judgment in its favor or a new trial by employers who lost a jury trial over unpaid wages to a Terre Haute worker.
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COA affirms summary judgment against Celadon in class action

February 7, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed summary judgment against a prominent trucking company in a class-action lawsuit, holding that the terms of the company’s contract with its independent drivers require the company to deduct the cost of fuel from their compensation based only on the lowest discounted price.
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Judge rules for Teamsters, notes plaintiff’s gambling bills

January 26, 2017
Dave Stafford
The owner of a defunct trucking business who sued an Indianapolis Teamsters local alleging interference with business relationships lost her case, and a judge used his order to point out that money withdrawn from the company’s bank account for gambling sprees occurred at the same time the union alleged its health benefits went unpaid.
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Former IDEM employee's lawsuit highlights risks, rewards for whistleblowers

January 25, 2017
Marilyn Odendahl
Suzanne Esserman claims the Indiana Department of Environmental Management fired her for questioning payments to private contractors, so she's filed a whistleblower lawsuit.
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COA: Company cannot withhold ‘voluntary’ deductions from ex-employee's pay

January 23, 2017
Olivia Covington
A plumbing and electrical company cannot impose “voluntary” tax deductions on a former employee’s final paycheck without statutory authority, nor can it force that employee to pay a $1,000 insurance deductible after an auto accident, the Indiana Court of Appeals held Monday.
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Justices to weigh limits on worker rights to sue employers

January 16, 2017
 Associated Press
The U.S. Supreme Court said Friday it will decide whether employers can require workers to sign arbitration agreements that prevent them from pursuing group claims in court.
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Gary councilwoman challenges accusations of law violation

January 4, 2017
 Associated Press
A city councilwoman has filed a lawsuit to keep her second job as an employee of the Gary Sanitary District.
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Former IDEM employee’s unlawful termination case can continue

December 29, 2016
Olivia Covington
A former Indiana state employee can continue her case against the Indiana Department of Environmental Management after the Court of Appeals decided Thursday that her unlawful termination complaint stated a claim upon which relief can be granted and that sovereign immunity cannot apply.
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COA upholds dismissal of fired DOT employee’s untimely petition for review

December 29, 2016
Jennifer Nelson
A former employee of the Indiana Department of Transportation, who was fired in 2013, untimely filed his petition for judicial review after he was unsuccessful in his administrative appeals and the trial court correctly dismissed his petition, the Indiana Court of Appeals affirmed Thursday.
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Employers, labor lawyers left hanging as judge blocks OT rule

December 28, 2016
Dave Stafford
Companies and the employment lawyers who advise them had, in many cases, worked for months planning to comply with new Department of Labor regulations affecting millions of salaried employees who are exempt from overtime pay. All they know after a judge blocked the rule is that they don’t know what’s next.
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RV plant-closing lawsuit proceeds

December 14, 2016
IL Staff
Workers at a northern Indiana recreational vehicle plant that closed in June may proceed with a lawsuit alleging company management failed to notify workers about the closing as federal law requires.
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COA: Law enforcement may not refuse to hire based solely on expunged criminal histories

December 8, 2016
Olivia Covington
The Indiana Court of Appeals ruled Thursday that law enforcement agencies are not permitted under state statute to refuse to hire new employees solely because those people have prior criminal histories that have since been expunged.
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COA holds that volunteer work was incidental to man’s employment

December 7, 2016
Olivia Covington
A general contractor’s volunteer work was incidental to his professional employment, so the injuries he sustained during the volunteer work must be covered under the Indiana Worker’s Compensation Act.
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Some Indiana employers abiding by overtime rule, even though it's in limbo

December 6, 2016
Hayleigh Colombo, IBJ Staff
The Obama administration’s new overtime rule is held up in federal court, but that hasn't stopped some Indiana employers from instituting changes to comply with the law.
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7th Circuit rules student-athletes aren’t considered ‘employees’

December 6, 2016
Olivia Covington
Collegiate athletes cannot be considered university employees and, thus, are not eligible for minimum wage pay, the 7th Circuit Court of Appeals ruled Monday, affirming a district court decision that dismissed a lawsuit brought against the NCAA.
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Indiana Supreme Court considers general contractor’s duty of care to subcontractors

December 1, 2016
Olivia Covington
In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”
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Judge: Sysco must face Teamsters suit over retirement benefits

November 23, 2016
Dave Stafford
A local division of foodservice-supply giant Sysco Systems must face a lawsuit from its Teamsters workers who say the company reneged on retirement benefits negotiated through collective bargaining.
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Court blocks federal plan to extend overtime pay to many

November 23, 2016
 Associated Press
In a blow to the Obama administration's labor-law plans, a federal court has blocked the start of a rule that would have made an estimated 4 million more American workers eligible for overtime pay heading into the holiday season.
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Justices consider relevance of immigration status in undocumented worker’s lawsuit

November 22, 2016
Olivia Covington
The Indiana Supreme Court heard arguments Tuesday on whether introducing an injured man's immigration status to a jury in his lawsuit for future wages would be prejudicial enough to outweigh its probative value.
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Woman’s wage suit against Indiana medical supplier goes forward

November 3, 2016
Dave Stafford
A federal judge has rejected an Indiana-based medical supplier’s effort to dismiss a former employee’s lawsuit seeking enhanced damages over withheld pay.
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  1. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

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