labor and employment

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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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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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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