labor and employment
Dismissal of Navistar workers’ complaint upheld by 7th Circuit
June 18, 2013
Jennifer NelsonA group of unionized workers laid off by an Indianapolis engine plant who brought an action for breach of the collective-bargaining
agreement didn’t provide enough factual content in their complaint to allow it to proceed in court, the 7th Circuit
Court of Appeals ruled Tuesday.
MoreCourt orders more proceedings on laborer’s pay
April 18, 2013
Jennifer NelsonThe Boone Superior Court will need to take another look at a man’s lawsuit against R.L. Turner Corporation that claimed
he was underpaid by the company for labor he provided on two public works projects, the Indiana Court of Appeals ruled Thursday.
MoreMexican restaurant owner's $3 million bond reversed, remanded
April 8, 2013
Dave StaffordThe owner of a chain of Mexican restaurants in southeast Indiana charged with numerous crimes will have a lower bond after
the Indiana Court of Appeals ruled a trial court abused its discretion in denying his motion to reduce his $3 million bond.
MoreTaking unauthorized courses online gets displaced worker booted from TAA program
April 8, 2013
Marilyn OdendahlA displaced worker’s enrollment in online classes without permission is grounds for dismissal from the Trade Adjustment
Assistance training program, the Indiana Court of Appeals has ruled.
MoreWoman suing for unpaid wages passes ‘duck test’
March 13, 2013
Jennifer NelsonIndiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if
it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit
to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the
Wage Payment Act.
MoreRefiguring workers' comp in Indiana
March 13, 2013
Dave StaffordA House bill looks to raise worker benefits, causing a tug-of-war over hospital reimbursement.
MoreNew FMLA rule expands provisions for military families
March 13, 2013
Marilyn OdendahlAttorneys see the 20-year-old Act growing beyond its original intent.
MoreJudge dismisses federal right-to-work challenge
January 18, 2013
Jennifer NelsonA U.S. District judge has dismissed a lawsuit filed in Hammond by a labor union challenging the state’s right-to-work
law for failure to state a claim upon which relief can be granted. Chief Judge Philip P. Simon in the Northern District of
Indiana did allow two counts claiming the law violates the Indiana Constitution to proceed in state court.
MorePrice of postage is not enough for 7th Circuit to review NLRB's ruling
December 27, 2012
Marilyn OdendahlThe cost of a postage stamp was not enough for Beck objectors to request a refund from their unions, the 7th Circuit
Court of Appeals has ruled.
MoreWorkers settle employment lawsuit against local hotels
December 12, 2012
Kathleen McLaughlinSixteen current and former Indianapolis hotel workers have settled their union-backed lawsuit that alleged employment violations
by nine area hotels and Atlanta-based Hospitality Staffing Solutions, a subcontractor that employs many hotel workers.
MoreCOA divided over dismissing fired HR director’s complaint
November 28, 2012
Jennifer NelsonThe Indiana Court of Appeals was split over whether Delaware County commissioners could terminate the contract of the Board
of Commissioners’ human resources director after two new members were elected to the board.
MoreLake County judge: RTW suit may proceed
October 19, 2012
IL StaffA challenge to Indiana’s right-to-work law will proceed after a Lake County judge this week rejected the state’s
request to dismiss a lawsuit filed by United Steelworkers.
MoreWorker’s Compensation Act doesn’t give board ability to decide contract construction issue
September 4, 2012
Jennifer NelsonThe Indiana Court of Appeals ruled that a Hamilton Superior Judge erred in granting an injured worker’s motion to dismiss
a company’s action on whether it was liable to pay workers’ compensation to the injured man, who worked for another
company.
MoreJudges: employee discharged for just cause
August 31, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development
that an employee of a funeral home was fired for just cause.
MoreAT&T technicians file lawsuit over lunch policy
August 17, 2012
Chris O'MalleyEleven AT&T technicians have filed a federal lawsuit seeking class-action status to collect unpaid wages and overtime,
alleging the company compels them to work during unpaid lunch breaks.
MoreFederal courts rule against overtime in pharmaceutical cases
August 1, 2012
Marilyn OdendahlIn a pair of decisions, the U.S. Supreme Court and the 7th Circuit Court of Appeals examined different exemption provisions
to overtime requirements of the Fair Labor Standards Act but reached the same conclusion: Pharmaceutical sales representatives
are not entitled to overtime pay.
MoreStruggles mount for labor
August 1, 2012
Dave StaffordIndiana this year became the 23rd state to enact a right-to-work law in which workers cannot be compelled to pay union dues.
Within months, individual workers in union shops opted out, even as court challenges linger.
MoreRegulations are few, but food trucks do have laws and codes to meet
August 1, 2012
Marilyn OdendahlTake a food truck to Chicago and you may be required to attach a GPS tracking device to it. Park a food truck in Indianapolis
and enjoy being able to do business in an environment of few regulations.
MoreJudges affirm construction company had to pay into union funds
July 23, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals agreed with an Indiana federal court that a construction company that entered into a working
agreement with a cement masons union had to contribute to two funds for all hours worked, not just bargaining unit work.
MoreCOA: exhaust administrative remedies before filing appeal
June 26, 2012
Jennifer NelsonBecause a manufacturer didn’t exhaust its administrative remedies regarding a challenge to a search of its Indianapolis
facility by the Indiana Occupational Safety and Health Administration, the Indiana Court of Appeals dismissed the manufacturer’s
appeal.
MoreSCOTUS rules on FCC case, still no health care decision
June 21, 2012
Jennifer NelsonThe highly anticipated decision by the United States Supreme Court on health care will come another day. The justices released
four opinions Thursday, which did not include the challenges to the health care law. They did decide the case before them
involving the Federal Communications Commission.
MoreChanging, walking to workstations not compensable acts
May 9, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals has ruled that employees asking to be compensated for changing into safety clothing and walking
to their work stations are undermining the efforts of the union that represents them.
More7th Circuit rules Lilly sales reps not entitled to overtime
May 9, 2012
Jennifer NelsonPharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified by their employers
under the administrative exemption to the overtime requirements of the Fair Labor Standards Act, the 7th Circuit Court of
Appeals ruled. The lawsuit brought by employees of both companies raised an issue of first impression for the Circuit court.
More7th Circuit holds dispute is a matter for national labor board
April 6, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals held that only the National Labor Relations Board has authority to hear a complaint from
employees who brought a hybrid suit against an employer and labor union.
MoreFederalist Society to host talk on unions
March 27, 2012
IL StaffThe Federalist Society for Law and Public Policy Studies, Indianapolis Lawyers Division Chapter, will host a lunchtime speaker
at noon March 29 at the Conrad Indianapolis, Hong Kong Room, 50 W. Washington St.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!