labor and employment

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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Former dentistry clinic director sues IU over firing

February 26, 2016
John Russell, IBJ Staff
A former clinic director at the Indiana University School of Dentistry in Indianapolis who was fired last year after students complained he inappropriately touched them is suing to get his job back, saying he was denied a fair hearing
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Ex-worker's suit: Indiana plant's illegal hiring depressed wages

February 18, 2016
 Associated Press
A former employee of an Indiana pork processing plant is suing two company officials, saying they were involved in knowingly hiring hundreds of people who weren't in the country legally in order to keep wages low for all of the plant's workers.
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Slave-labor loophole closed by US Senate after 8 decades

February 12, 2016
 Bloomberg News
For 85 years, the U.S. government has turned a blind eye to companies that import goods derived from slavery – so long as domestic production couldn’t meet demand for those goods. That’s about to change.
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Amazon veers into labor law fight-zone for hurried deliveries

January 19, 2016
 Bloomberg News
Amazon.com Inc.’s Uber-esque foray into ultra-fast delivery has landed it in court with drivers claiming they’re being exploited.
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High court seems skeptical of mandatory public union fees

January 11, 2016
 Associated Press
The Supreme Court of the United States on Monday appeared ready to deal a major blow to the power and clout of organized labor as it considers the free speech rights of government workers who say they shouldn't be forced to pay fees to public-sector unions.
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High court dispute over union fees could curb labor's clout

January 8, 2016
 Associated Press
The nation's public employee unions are bracing for a drop in membership and bargaining power if the Supreme Court rules against organized labor in a dispute over union fees.
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Appeals court hears injured worker's bid for lost earnings

January 7, 2016
 Associated Press
An attorney for a Mexican man who's seeking lost future earnings for a workplace back injury told the Indiana Court of Appeals on Wednesday that his client should be allowed to pursue those wages at U.S. pay rates instead of rates in his home country.
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COA finds fired highway worker was at-will employee

December 31, 2015
Marilyn Odendahl
Echoing precedent, the Indiana Court of Appeals has found that an employee handbook is not an employment contract.
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Judge puts brakes on California Uber drivers’ suit outcome

December 23, 2015
 Bloomberg News
Uber Technologies Inc. won a ruling that may put off the outcome of a bid by California drivers to be treated as employees in a lawsuit that has grown dramatically both in size and potential liability.
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Slavery labels sought for US goods as SEC reporting law mulled

December 11, 2015
 Bloomberg News
“This item may be the product of slave labor.” Those jarring words could end up on candy bar wrappers, packages of frozen shrimp and even cans of cat food if some California lawyers get their way.
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Uber expense may grow as US drivers seek 57.5 cents a mile

November 24, 2015
 Bloomberg News
Fifty seven and a half cents for every mile logged. That’s the latest demand from Uber Technologies Inc. drivers in California suing to be treated like employees.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. 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.

  4. 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.

  5. 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/

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