labor and employment

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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Uber drivers may add $1B 'bounty' claim as trial nears

April 7, 2016
 Bloomberg News
Uber Technologies Inc. drivers suing to be treated like employees are trying to add $1 billion in penalties under California’s unique “bounty hunter” statute as they prepare for trial in June.
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7th Circuit: State immune from FLSA suit

April 6, 2016
Scott Roberts
The 7th Circuit affirmed that Indiana was immune from a Federal Labor Standards Act lawsuit brought by two Department of Child Services Employees. The court said the state did not give consent for the suit, and thus had 11th Amendment immunity under the U.S. Constitution.
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COA: Patient not notified doctor was independent contractor

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man was never notified that the doctor treating him was an independent contractor and not an employee and therefore reversed summary judgment to the hospital and remanded the man’s vicarious liability case to the trial court.
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Majority: injured worker’s immigration status relevant

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision a man’s immigration status is valid evidence in a case where he was injured while working in the United States as an undocumented immigrant.
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5 players accuse US soccer federation of wage discrimination

March 31, 2016
 Associated Press
Five stars from the World Cup-winning U.S. women's national team have accused the U.S. Soccer Federation of wage discrimination in an action filed with the federal Equal Employment Opportunity Commission.
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Supreme Court tie upholds win for unions in fee case

March 29, 2016
 Associated Press
A tie vote from the U.S. Supreme Court on Tuesday handed a victory to labor unions in a high-profile dispute over their ability to collect fees from public employees.
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Lyft’s driver peace pact may fail if judge heeds Teamsters

March 25, 2016
 Bloomberg News
Lyft Inc. is offering about 100,000 drivers in California an average of $56.14 each and some non-monetary perks to drop claims that the ride-sharing company systematically exploits them.
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Truck drivers sue Celadon over wages, employment status

March 23, 2016
Scott Olson, IBJ Staff
Three former drivers for Celadon Group are suing the Indianapolis-based trucking company, claiming it violated state and federal laws by hiring them as independent contractors and unlawfully withholding portions of their wages.
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Disputes increase over who’s an employee and who’s an independent contractor

March 23, 2016
Marilyn Odendahl
Independent contractors have long been a part of the workforce. However, with the rise of on-demand service providers who run their businesses almost solely with independent contractors, closer scrutiny is being paid to what, exactly, these workers are in the new “gig economy.”
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Waterfill: EEOC alleges gender discrimination in 2 suits

March 23, 2016
Mark Waterfill
In light of development in gender discrimination cases, what should wise employment counsel advise clients to do?
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Vlink: Should unions charge free-rider fees for grievances?

March 23, 2016
David VlinkMore

Justices uphold $5.8M award against Tyson Foods

March 22, 2016
 Associated Press
In a setback to business, the Supreme Court of the United States on Tuesday upheld a $5.8 million judgment against Tyson Foods Inc. in a pay dispute with more than 3,000 workers at a pork-processing plant in Iowa.
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EEOC settles disability complaint against Subway franchisee

March 15, 2016
IBJ Staff
The operator of five Subway restaurants in the Indianapolis area has agreed to pay $50,000 to settle a discrimination suit brought by the U.S. Equal Employment Opportunity Commission.
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ADEA does not apply to company who fired 61-year-old employee

March 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed summary judgment for New Holland Logansport in a wrongful termination suit after it found the company did not meet the definition of employer under the Age Discrimination in Employment Act.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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