labor and employment

7th Circuit affirms dismissal of hostile work environment claim

June 3, 2011
Jenny Montgomery
The 7th Circuit Court of Appeals has determined that a woman failed to prove that she was subject to a hostile work environment at Ball State University.
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Law School Briefs - 5/25/11

May 25, 2011
IL Staff
An environmental expert joins the Maurer School of Law; Indiana University School of Law - Indianapolis will host a labor law seminar in June.
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IU-Indy to host 31st labor-management seminar

May 18, 2011
IL Staff
This year’s seminar on labor-management relations will take a look at labor law in the age of social media.
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7th Circuit rules on Rolls-Royce job-bias case

March 31, 2011
Michael Hoskins
A day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history, the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying women less than men for the same or similar work.
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OSHA withdraws workplace noise rule interpretation after opposition

March 30, 2011
Michael Hoskins
When it comes to workplace injury, one often overlooked and potentially devastating injury is hearing loss resulting from high noise levels in a workplace.
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New Southern District magistrate named

March 16, 2011
Michael Hoskins
An Indianapolis employment law attorney has been chosen as the newest U.S. magistrate judge for the Southern District of Indiana.
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7th Circuit reverses on relation back issue

March 14, 2011
Jennifer Nelson
A plaintiff attempting to sue his employer for breach of contract should have been able to file an amended complaint with relation back to the date of the original complaint in order to correct the defendant even though the statute of limitations had expired, the 7th Circuit Court of Appeals concluded today.
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Indianapolis attorney chosen as new magistrate judge

March 1, 2011
Michael Hoskins
An Indianapolis employment law attorney has been chosen as the newest U.S. magistrate judge for the Southern District of Indiana.
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Civil rights lawyer worked on suit to desegregate school system

January 5, 2011
Jennifer Nelson
The Indianapolis lawyer who worked on several notable cases in Indianapolis history, including a lawsuit which led to the desegregation of Indianapolis Public Schools, died Dec. 26, 2010.
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COA: Trust not bound by ISTA employment arbitration clause

December 28, 2010
Michael Hoskins
The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.
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Judges split on approving high-cost retraining tuition

December 16, 2010
Jennifer Nelson
A panel of judges on the Indiana Court of Appeals couldn’t agree on whether a laid-off man’s request for training at an expensive college should be approved.
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South Bend federal judge rules on FedEx class action litigation

December 15, 2010
Michael Hoskins
A federal judge in South Bend has issued a significant 182-page opinion that holds FedEx drivers nationwide are independent contractors rather than employees entitled to back pay and full benefits.
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Judges: early retirement ends unemployment benefits

November 5, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the termination of unemployment benefits for an auto worker who accepted an early retirement package after she was laid off.
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Discrimination cases rising

September 29, 2010
Rebecca Berfanger
As people lose their jobs in a rough economy, it’s obvious that unemployment claims go up – and stay up – as it is more difficult to find new work.
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7th Circuit affirms firing for non-compliance with FMLA leave policy

September 8, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment dismissing a woman’s Family and Medical Leave Act claim against the company that fired her because she didn’t give proper notice for an extension of leave and failed to return to work as expected.
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Appeals court hears back-pay arguments

September 1, 2010
Michael Hoskins
Attorneys argued before the Indiana Court of Appeals on an appeal of a Marion Superior judge’s award of more than $42 million to a class of thousands of current and former state employees wanting to recover back pay for unequal wages earned between 1973 and 1993.
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Court rules on first impression FLSA issue

August 24, 2010
Jennifer Nelson
In denying summary judgment for either party in a dispute involving the Fair Labor Standards Act, the U.S. District judge noted the issue appears to be one of first impression in the 7th Circuit.
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20 years of rights under the ADA

August 18, 2010
Rebecca Berfanger
While many people might take it for granted that accessibility for all people is now commonplace and that it is illegal to discriminate against an employee based on a disability, the Americans with Disabilities Act was signed only 20 years ago.
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Judges: 2-year statute of limitations doesn't apply

August 10, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a medical group’s application for adjustment of claim for provider fee, finding the Indiana Worker’s Compensation Board erred by ruling the application was filed outside the statute of limitations.
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Man entitled to commission, but a reduced amount

August 4, 2010
Jennifer Nelson
Because a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his former employer owed him due to draws and set-offs.
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Exotic dancers are employees, may settle case

August 2, 2010
Jennifer Nelson
A federal judge has found that exotic dancers at an Indianapolis club are employees, not independent contractors as the club owner argued.
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SCOTUS accepts Indiana steel plant case

November 2, 2009
Michael Hoskins
The nation's highest court has agreed to take on a labor dispute issue involving a northern Indiana steel plant. The high court will consider whether the National Labor Relations Act allows the governing board to act when only two of its five positions are present to vote on labor disputes.
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Court rules on workers' comp dispute

October 13, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a finding that a company had acted in bad faith in denying workers' compensation benefits because there was a dispute over who should pay the benefits.
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National Guard attorney settles with firm

October 1, 2009
Michael Hoskins
An Evansville attorney and Indiana National Guardsman is settling a federal lawsuit against the Indianapolis law firm he previously worked for and sued for wrongfully refusing to re-employ him as a staff attorney when he returned from serving active duty in Iraq.
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Annual labor relations seminar May 15

May 11, 2009
IL Staff
Attorneys interested in learning more about labor and employment law issues, while earning CLE credit, can still register for the 30th annual seminar on labor-management relations May 15 in Indianapolis.
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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