labor and employment

Reversal: HHGregg prevails in appeal over managers’ bonuses

July 22, 2016
Dave Stafford
HHGregg senior managers are not entitled to share in $40 million in life insurance proceeds from the 2012 death of executive chairman of the board Jerry Throgmartin, the Indiana Court of Appeals ruled Friday, reversing a trial court ruling in the managers’ favor.
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COA won’t rehear injured immigrant worker’s case

July 13, 2016
Jennifer Nelson
The Indiana Court of Appeals will not revisit its divided ruling that an injured masonry laborer’s immigration status is valid evidence in his lawsuit against the general contractor at his worksite.
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COA orders new trial on vicarious liability issue

July 13, 2016
Jennifer Nelson
A new jury will decide whether a Sony employee in Terre Haute was acting in the scope of his employment when he hit a security guard on the property while driving to recycle personal items on company property.
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COA: Trial court properly reinstated demoted police officer’s rank

July 13, 2016
 Associated Press
In a case of first impression, the Indiana Court of Appeals agreed that a judge could order a police officer’s rank returned to sergeant instead of sending the matter back to the police merit board for further proceedings.
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Lack of evidence divides judges on false claims suit

July 8, 2016
Jennifer Nelson
Based on the evidence presented before it on a False Claims Act lawsuit brought by a labor union, the 7th Circuit Court of Appeals decided to affirm summary judgment in favor of the union member’s company. But the dissenting judge believed the record required remand for a trial.
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Employers struggle with complicated immigration system

June 29, 2016
Marilyn Odendahl
At the third meeting of the Senate Select Committee on Immigration Issues, business professionals and attorneys told committee members the measures Indiana has adopted in recent years have actually hurt the state’s economy and public safety.
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Justices rap Labor Dept. over change in overtime pay rules

June 20, 2016
 Associated Press
The Supreme Court of the United States ruled Monday that the Labor Department must do a better job of explaining why it is changing a longstanding policy on whether certain workers deserve overtime pay.
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Simon faces proposed class-action from guest services managers

June 17, 2016
Dave Stafford
Two former guest-services managers at shopping malls in Illinois and Oklahoma have sued Indianapolis-based Simon Property Group, claiming the retail property giant violated the Fair Labor Standards Act by failing to pay overtime and comply with other federal wage and hour provisions.
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Senate committee cautioned against trying to solve immigration headaches

June 16, 2016
Marilyn Odendahl
Attorneys and business leaders repeatedly told state officials Wednesday that the immigration system is broken but the federal government, not Indiana, should make the repairs.
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7th Circuit affirms government employees must resign after elected to office

June 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld an Indiana law that prevents people employed by the government to also hold elected office in the same municipality they are employed in. The law was challenged by a host of individuals who both serve on city and town councils and work for the same town as police officers, office managers and firefighters.
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Local Uber driver sues company over compensation issues

June 10, 2016
Susan Orr, IBJ Staff
An Uber driver from Marion County has filed a class-action complaint against the ride-on-demand company, claiming that Uber treats its drivers like employees but classifies them as independent contractors in order to skirt labor laws.
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Sandwich chain Jimmy John's sued over noncompete agreements

June 9, 2016
 Associated Press
Illinois Attorney General Lisa Madigan is suing the Jimmy John's sandwich chain accusing it of improperly forcing low-level employees to sign agreements preventing them from seeking jobs with competitors.
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New overtime rules force hard choices for employers

June 6, 2016
Hayleigh Colombo, IBJ Staff
For Purdue University—the state’s eighth-largest employer—new overtime rules could mean an $8 million or so hit to the school’s already-stretched budget.
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Judge: US women's soccer team bound by no-strike clause

June 3, 2016
 Associated Press
A federal judge says the world champion U.S. women's soccer team currently does not have the right to strike to seek improved conditions and wages before the Summer Olympics.
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High court ruling helps federal workers file job bias claims

May 23, 2016
 Associated Press
The Supreme Court of the United States is making it easier for federal workers to file employment discrimination lawsuits after quitting their jobs over conditions they consider intolerable.
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COA: Worker's comp board may overrule medical examiner

May 19, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a Worker's Compensation Board decision that a man did not sustain a cervical injury as a result of a workplace accident. The board was not required to follow treatment recommendations of an independent medical examiner who saw the man after his employer notified him of its intent to terminate temporary total disability benefits.
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New OT rules force hard choices on small businesses

May 18, 2016
 Associated Press
The regulations being issued by the Labor Department today would double to $913 a week from $455 the threshold under which salaried workers must be paid overtime. In terms of annual pay, the threshold rises to $47,476 from $23,660. The rules take effect Dec. 1.
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Company must sign collective bargaining agreement

May 9, 2016
Scott Roberts
The 7th Circuit Court of Appeals enforced a decision from the National Labor Relations Board that Merrillville's Polycon Industries must abide by a collective bargaining agreement it made with a Teamsters union after it had agreed to the terms.
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Lawsuit: Ex-IU med school official says he was sexually harassed

May 6, 2016
John Russell, IBJ Staff
A former administrator at the Indiana University School of Medicine says he was pressured to resign after complaining about a female administrator he claims sexually harassed him.
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Undocumented immigrant issues left unanswered

May 4, 2016
Scott Roberts
A recent Indiana Court of Appeals decision didn’t provide the guidance one attorney had hoped from the court regarding injured undocumented workers. But the judges did decide that the worker’s immigration status is important in his lawsuit.
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Uber drivers' $100M deal may set pace for gig economy

April 22, 2016
 Associated Press
Uber Technologies Inc. resolved the biggest threat to its business by settling with California drivers suing to be treated more like traditional employees, a move that could have broad-ranging implications for companies across the sharing economy.
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17 former Angie's List salespeople sue for overtime

April 20, 2016
Jeff Newman, IBJ Staff
Seventeen former salespeople for Angie’s List Inc. filed lawsuits Tuesday alleging the Indianapolis-based company systematically withheld payment for overtime hours they worked.
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Judge: 3 ex-Angie's List salespeople can stay at HomeAdvisor

April 19, 2016
Greg Andrews, IBJ Staff
A Hamilton County judge has shot down an effort by Angie’s List Inc.to prevent three top-performing salespeople who left the company late last year from working at the newly opened Indianapolis office of competitor HomeAdvisor.
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COA: Decision will not have ‘unintended consequences’

April 18, 2016
Scott Roberts
The Indiana Court of Appeals said a decision in a case that allows prisoners in an offender work program to enforce the statutory wage requirement would not have “unintended consequences” and reaffirmed its decision on rehearing.
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COA: Commissions do not qualify as wages under Wage Payment Statute

April 11, 2016
Scott Roberts
The Indiana Court of Appeals found commissions paid to a woman who was working as a salesperson at a furniture store did not qualify as wages, and therefore granted summary judgment to the store. The woman claimed her commission payments were not paid within the 10-day limit required under the Indiana Wage Payment Statute.
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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “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.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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