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. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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