labor and employment

Workplace harassment endures, evolves

August 24, 2016
Dave Stafford
Despite decades of on-the-job training for workers and numerous high-profile lawsuits, harassment by managers and co-workers persists. Though the number of sexual harassment claims has declined in recent years, companies still get hit with thousands of lawsuits alleging harassment of some kind each year.
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DeVoe/Escoffery: Acquiring UI accounts in asset purchase deals

August 24, 2016
Although the seller’s Indiana unemployment insurance account may not be the focus of an asset purchase transaction, it is important for the buyer and seller to consider the subject before closing on the purchase.
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7th Circuit opinion highlights confusion over LGBT discrimination protection

August 24, 2016
Marilyn Odendahl
Within the first nine pages of its opinion, the 7th Circuit Court of Appeals affirmed a district court’s ruling that sexual orientation is not protected by Title VII of the 1964 Civil Rights Act. And there, the panel could have ended its discussion. But the court spotlighted the growing confusion in the courts of when, exactly, sexual orientation crosses the line into gender nonconformity.
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Hanson/Eckhart: Class wage-and-hour litigation is an ongoing threat

August 24, 2016
Employers face countless labor and employment challenges every day. Wage-and-hour compliance issues are near the top of that list because employers have experienced an increase in the number of class- and collective-action lawsuits filed against them.
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Former Ivy Tech prof may ask 7th Circuit to rehear sexual orientation discrimination suit

August 10, 2016
Marilyn Odendahl
The 7th Circuit Court of Appeals has granted a former Ivy Tech Community College adjunct professor, who claims she was passed over for promotions based on her sexual orientation, an extension of time to file a petition for rehearing and rehearing en banc.
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Uber in dare to judge says it’s ready to ditch driver settlement

August 1, 2016
 Bloomberg News
Uber Technologies Inc.’s message to the judge who must approve its $100 million settlement with drivers is clear: take it or leave it.
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7th Circuit takes detailed look at Title VII, sexual orientation claims

July 29, 2016
Jennifer Nelson
Noting the writing may be on the wall that people who bring sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964 should be protected, the 7th Circuit Court of Appeals was bound by precedent to deny a woman’s claim against Ivy Tech Community college in South Bend.
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Reversal: HHGregg prevails in appeal over managers’ bonuses

July 22, 2016
Dave Stafford
HHGregg senior managers are not entitled to share in $40 million in life insurance proceeds from the 2012 death of executive chairman of the board Jerry Throgmartin, the Indiana Court of Appeals ruled Friday, reversing a trial court ruling in the managers’ favor.
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COA won’t rehear injured immigrant worker’s case

July 13, 2016
Jennifer Nelson
The Indiana Court of Appeals will not revisit its divided ruling that an injured masonry laborer’s immigration status is valid evidence in his lawsuit against the general contractor at his worksite.
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COA orders new trial on vicarious liability issue

July 13, 2016
Jennifer Nelson
A new jury will decide whether a Sony employee in Terre Haute was acting in the scope of his employment when he hit a security guard on the property while driving to recycle personal items on company property.
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COA: Trial court properly reinstated demoted police officer’s rank

July 13, 2016
 Associated Press
In a case of first impression, the Indiana Court of Appeals agreed that a judge could order a police officer’s rank returned to sergeant instead of sending the matter back to the police merit board for further proceedings.
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Lack of evidence divides judges on false claims suit

July 8, 2016
Jennifer Nelson
Based on the evidence presented before it on a False Claims Act lawsuit brought by a labor union, the 7th Circuit Court of Appeals decided to affirm summary judgment in favor of the union member’s company. But the dissenting judge believed the record required remand for a trial.
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Employers struggle with complicated immigration system

June 29, 2016
Marilyn Odendahl
At the third meeting of the Senate Select Committee on Immigration Issues, business professionals and attorneys told committee members the measures Indiana has adopted in recent years have actually hurt the state’s economy and public safety.
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Justices rap Labor Dept. over change in overtime pay rules

June 20, 2016
 Associated Press
The Supreme Court of the United States ruled Monday that the Labor Department must do a better job of explaining why it is changing a longstanding policy on whether certain workers deserve overtime pay.
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Simon faces proposed class-action from guest services managers

June 17, 2016
Dave Stafford
Two former guest-services managers at shopping malls in Illinois and Oklahoma have sued Indianapolis-based Simon Property Group, claiming the retail property giant violated the Fair Labor Standards Act by failing to pay overtime and comply with other federal wage and hour provisions.
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Senate committee cautioned against trying to solve immigration headaches

June 16, 2016
Marilyn Odendahl
Attorneys and business leaders repeatedly told state officials Wednesday that the immigration system is broken but the federal government, not Indiana, should make the repairs.
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7th Circuit affirms government employees must resign after elected to office

June 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld an Indiana law that prevents people employed by the government to also hold elected office in the same municipality they are employed in. The law was challenged by a host of individuals who both serve on city and town councils and work for the same town as police officers, office managers and firefighters.
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Local Uber driver sues company over compensation issues

June 10, 2016
Susan Orr, IBJ Staff
An Uber driver from Marion County has filed a class-action complaint against the ride-on-demand company, claiming that Uber treats its drivers like employees but classifies them as independent contractors in order to skirt labor laws.
More

Sandwich chain Jimmy John's sued over noncompete agreements

June 9, 2016
 Associated Press
Illinois Attorney General Lisa Madigan is suing the Jimmy John's sandwich chain accusing it of improperly forcing low-level employees to sign agreements preventing them from seeking jobs with competitors.
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New overtime rules force hard choices for employers

June 6, 2016
Hayleigh Colombo, IBJ Staff
For Purdue University—the state’s eighth-largest employer—new overtime rules could mean an $8 million or so hit to the school’s already-stretched budget.
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Judge: US women's soccer team bound by no-strike clause

June 3, 2016
 Associated Press
A federal judge says the world champion U.S. women's soccer team currently does not have the right to strike to seek improved conditions and wages before the Summer Olympics.
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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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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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