labor and employment

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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COA leaves arbitrator’s award in place

November 12, 2015
Jennifer Nelson
The Indiana Court of Appeals on Thursday declined Madison County’s request that it correct or vacate an arbitrator’s award in favor of two county highway department employees. The appeals court concluded the county circumvented the collective bargaining agreement when it discharged the two employees.
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Panel: Indiana's economy to grow at slightly faster rate

November 5, 2015
 Associated Press, IBJ Staff
Indiana's economy will grow at a slightly faster rate next year and into 2017 even as the state faces challenges from weakening international markets, Indiana University economists said Thursday in their annual forecast.
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Pence decides to pay off federal unemployment loan

October 22, 2015
 Associated Press, IBJ Staff
Gov. Mike Pence on Thursday morning announced that the state would use about $250 million from Indiana's surplus to finish paying back the federal government for a loan the state took out to pay unemployment benefits during the recession.
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Complaint targets Quicken Loans' employee free speech rules

September 28, 2015
 Associated Press
Mortgage giant Quicken Loans overly restricts employees' free speech and should rewrite its rules for workers and educate employees about their rights, according to a National Labor Relations Board complaint.
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Marshal’s wage suit against town fails on appeal

September 17, 2015
Dave Stafford
A former marshal in a small southern Indiana town is not entitled to unpaid wages, overtime and other damages because the town employed fewer than five law enforcement officers, the Indiana Court of Appeals held Thursday in a matter of first impression.
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Union wins closely watched labor case over who’s the boss

August 28, 2015
 Bloomberg News
More companies may be held responsible for labor-law violations committed by contractors and forced to negotiate wages and benefits with their workers under a decision by a politically split U.S. labor board.
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Law professor’s book spotlights service workers’ fight for unions

August 26, 2015
Marilyn Odendahl
Indiana University Robert H. McKinney School of Law professor Fran Quigley's book, “If We Can Win Here: The New Front Lines of the Labor Movement,” examines how the push for higher wages and better working conditions is playing out in the very red Hoosier state.
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Doubt means don’t: Drafting an effective social media policy

August 26, 2015
Stephanie Cassman, Nabeela Virjee
Because social media is a relatively new phenomenon, employers have been wading into uncharted territories when creating and implementing social media policies.
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Independent contractor or employee: DOL gives guidance

August 26, 2015
Carolyn Hall
In mid-July, the administrator for the Department of Labor’s wage and hour division issued an interpretation to give guidance about whether a worker is an independent contractor or an employee.
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Proposal would double salary threshold for exempt employees

August 26, 2015
Dave Stafford
Employment attorneys and their clients large and small are scrambling to find ways to deal with a likely change in federal regulation that could more than double the earnings threshold for workers classified as exempt from overtime.
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California says Uber drivers are employees

June 18, 2015
 Bloomberg News
The California labor commissioner’s ruling that an Uber Technologies Inc. driver must be treated as an employee may have repercussions throughout the on-demand economy.
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Lawsuit says Mourdock gave chief deputy 3-year contract

May 28, 2015
 Associated Press
A lawsuit by former Indiana Treasurer Richard Mourdock's chief deputy challenging his firing claims the official gave him a three-year, $300,000 contract before he resigned from office last year.
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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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