labor and employment

COA: Law enforcement may not refuse to hire based solely on expunged criminal histories

December 8, 2016
Olivia Covington
The Indiana Court of Appeals ruled Thursday that law enforcement agencies are not permitted under state statute to refuse to hire new employees solely because those people have prior criminal histories that have since been expunged.
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COA holds that volunteer work was incidental to man’s employment

December 7, 2016
Olivia Covington
A general contractor’s volunteer work was incidental to his professional employment, so the injuries he sustained during the volunteer work must be covered under the Indiana Worker’s Compensation Act.
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Some Indiana employers abiding by overtime rule, even though it's in limbo

December 6, 2016
Hayleigh Colombo, IBJ Staff
The Obama administration’s new overtime rule is held up in federal court, but that hasn't stopped some Indiana employers from instituting changes to comply with the law.
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7th Circuit rules student-athletes aren’t considered ‘employees’

December 6, 2016
Olivia Covington
Collegiate athletes cannot be considered university employees and, thus, are not eligible for minimum wage pay, the 7th Circuit Court of Appeals ruled Monday, affirming a district court decision that dismissed a lawsuit brought against the NCAA.
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Indiana Supreme Court considers general contractor’s duty of care to subcontractors

December 1, 2016
Olivia Covington
In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”
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Judge: Sysco must face Teamsters suit over retirement benefits

November 23, 2016
Dave Stafford
A local division of foodservice-supply giant Sysco Systems must face a lawsuit from its Teamsters workers who say the company reneged on retirement benefits negotiated through collective bargaining.
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Court blocks federal plan to extend overtime pay to many

November 23, 2016
 Associated Press
In a blow to the Obama administration's labor-law plans, a federal court has blocked the start of a rule that would have made an estimated 4 million more American workers eligible for overtime pay heading into the holiday season.
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Justices consider relevance of immigration status in undocumented worker’s lawsuit

November 22, 2016
Olivia Covington
The Indiana Supreme Court heard arguments Tuesday on whether introducing an injured man's immigration status to a jury in his lawsuit for future wages would be prejudicial enough to outweigh its probative value.
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Woman’s wage suit against Indiana medical supplier goes forward

November 3, 2016
Dave Stafford
A federal judge has rejected an Indiana-based medical supplier’s effort to dismiss a former employee’s lawsuit seeking enhanced damages over withheld pay.
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ISP officer loses whistleblower appeal

November 2, 2016
Dave Stafford
State workers alleging retaliation for whistleblower activities must first exhaust all administrative remedies before suing, the Indiana Court of Appeals held Wednesday, affirming a trial court ruling against a 27-year Indiana State Police officer.
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Undocumented worker's injury suit puts major issues before justices

November 2, 2016
Dave Stafford
An undocumented immigrant’s workplace injury — and how much he may be entitled to — has put the rising number of foreign-born workers, the rights they can expect, and the responsibilities of employers squarely before the Indiana Supreme Court.
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7th Circuit affirms jury verdict in injured railroad worker's suit

October 27, 2016
Olivia Covington
A jury correctly ruled against an employee of the railroad company CSX Transportation Inc. who sued his employer after an on-the-job accident that resulted in severe back pain, citing evidence that proved the pain existed before the accident, the 7th Circuit Court of Appeals decided Thursday.
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Ex-Penn State chief calls aides' charges 'injustice'

October 20, 2016
 Associated Press
Former Penn State President Graham Spanier testified Thursday that he issued a statement the day two of his top lieutenants were charged in the Jerry Sandusky sexual abuse scandal, calling the allegations groundless, because he had developed deep trust of them.
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Justices hear arguments in Lawrence wrongful-firing suit

October 20, 2016
Olivia Covington
After the newly elected mayor of the city of Lawrence fired him from his position as superintendent of the city Utility Services Board, counsel for Carlton Curry told the Indiana Supreme Court Thursday that the mayor had no legal right to terminate the former superintendent without actual cause.
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Justices say inmates can’t sue private employer for unpaid wages during incarceration

October 12, 2016
The Indiana Supreme Court granted transfer and affirmed Wednesday a trial court’s decision to dismiss a complaint seeking unpaid wages brought by inmates who claim they were underpaid while working for a private company while they were in prison.
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Northwestern changes team rules after complaint to NLRB

October 12, 2016
 Associated Press
In another step toward redefining the amateur status of college athletes, Northwestern has agreed to drop social media restrictions placed on football players after a complaint about the team handbook was filed with the National Labor Relations Board.
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Full 7th Circuit to hear Ivy Tech sexual orientation discrimination case

October 11, 2016
IL Staff
The 7th Circuit Court of Appeals on Tuesday granted an ex-Ivy Tech employee’s request for the full court to hear her sexual orientation discrimination case against the school.
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Federal court: No back pay for ex-central Indiana marshal

October 10, 2016
 Associated Press
An Indiana federal court has ruled against a former central Indiana marshal who is seeking back pay from the town of Summitville.
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Former employee files sexual harassment suit against Emmis

October 4, 2016
Susan Orr, IBJ Staff
A former employee of Indianapolis-based Emmis Communications Corp. has filed a sexual harassment lawsuit against the media company, alleging it did not do enough to respond to her complaints that she was harassed and criticized by two producers at one of its sports-talk radio stations.
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7th Circuit Court finds former county employee’s FLSA rights were not violated

September 23, 2016
Olivia Covington
The 7th Circuit Court of Appeals found Thursday that Tippecanoe County adequately compensated a former employee who sued the county for violation of his rights under the Fair Labor Standards Act.
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Zoeller adds Indiana to states’ challenge of new federal overtime rule

September 20, 2016
IL Staff
Indiana Attorney General Greg Zoeller has added Indiana to a list of 20 other states challenging a new federal overtime rule.
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Uber gains leverage against drivers with ruling on arbitration

September 7, 2016
 Bloomberg News
Uber Technologies Inc.’s arbitration agreements were largely ruled by an appeals court to be valid and enforceable in a decision that undercuts drivers’ efforts to secure the benefits and protections of employees.
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ITT Educational employees file lawsuit over sudden terminations

September 7, 2016
IBJ Staff
Two employees who were terminated Tuesday as part of mass layoff by ITT Educational Services Inc. have filed a lawsuit claiming the Carmel-based firm violated federal law by failing to provide 60-days notice.
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Carlson settles harassment suit against Ailes for $20 million

September 6, 2016
 Associated Press
Former Fox News Channel anchor Gretchen Carlson has settled her sexual harassment lawsuit against Roger Ailes, the case that led to the downfall of Fox's chief executive with stunning swiftness this summer.
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COA upholds restraining order against man who threatened mother’s caretakers

August 24, 2016
Jennifer Nelson
A Clark County man’s behavior qualified as a credible threat of violence with respect to three employees of the assisted living facility where his mother lived, so the trial court correctly issued workplace violence restraining orders on their behalf, the Indiana Court of Appeals affirmed.
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