A former Forest River employee will get a second chance to make his claim that the recreational vehicle maker constructively discharged him by refusing to address age-based harassment after a split 7th Circuit Court of Appeals revived the case and sent it back to the Northern Indiana District Court. However, one judge dissented, asserting, “there was not enough ‘constructive’ in the plaintiff’s constructive discharge claim.”
In-house legal departments expecting labor and employment disputes to drive surge in class actions
Separate analytical reports from the law firms of Carlton Fields and Seyfarth Shaw both found work-related issues are continuing to convince employees to take their bosses to court. As a result, class action defense spending is anticipated to keep accelerating after crossing the $3 billion threshold for the first time in 2021.Read More
COVID-19 religious exemption concerns on shaky ground
Attorneys representing employers and employees alike have seen swells and lulls in incoming calls concerned about COVID-19 vaccination requirements.Read More
Scrounging for change: DOL pauses proposed tip-pooling, tip credit rules changes
Proposed changes to the country’s tipped employee regulations have caused a stir among some states and worker advocates, prompting a temporary halt of further movement from the U.S. Department of Labor.Read More
To mandate or not to mandate: Employers preparing for COVID-19 vaccine
While the pandemic continues to rage and pharmaceutical makers get closer to developing an effective vaccine, Americans’ willingness to get inoculated has slipped. Battles over the vaccination will probably spill into the workplace, and employers are already starting to consider policies and plans for ensuring their workers’ health along with making possible accommodations to those who object to getting the shots.Read More
The Biden administration has sided against the airline industry and urged the U.S. Supreme Court on Wednesday to uphold a California law that would provide more rest and meal breaks than airline crews are guaranteed under federal rules.
The Teamsters will continue to represent the workers at the US Brick operation in Mooresville after a split National Labor Relations Board denied a request for review of a decision and order that found the successor bar doctrine blocked a decertification vote.
An Indiana University Kelley School of Business professor didn’t have his Title VII rights violated by his employer when the school didn’t provide him with an early promotion or when it paid one of his white colleagues more than him, the 7th Circuit Court of Appeals has ruled.
Small business owners often wear multiple hats for their companies. In many cases, “Mike” the owner is often “Mike” the employee, with little distinction between those two roles. However, when a dispute arises and “Mike” is squeezed out of the company, how do courts distinguish between Mike’s rights as an owner versus Mike’s rights as an employee?
Previous versions of HEA 1001 provided that any worker could be granted a religious exemption to a vaccine mandate without employers inquiring into the validity of the employees’ claims. Had that version of the bill passed through the General Assembly and been signed by Holcomb, Indiana employers would have clear marching orders when it came to religious exemptions from vaccine mandates. But that provision was hotly contested and, ultimately, removed from the version of the bill that is now law in Indiana. So the question remains: What should Indiana employers do when they receive a request for religious exemption from a COVID-19 vaccine mandate?
On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which will nullify forced arbitration clauses in sexual assault and sexual harassment cases. Following the #MeToo movement, many states have enacted legislation to limit the scope of claims covered in employment arbitration agreements, but the act is the first federal limitation.
Since FMLA leave is a legal entitlement for the employee and a corresponding legal obligation for the employer, that abstract concept implicates immediate questions: Who is responsible for telling whom about a need for leave? What do they need to say? When?
Hurley and Mappes: Noncompete agreements under attack: What to know and how to protect your trade secrets
Businesses routinely use noncompete agreements to protect their most valuable assets, including trade secrets. However, noncompete agreements are increasingly under attack at both the state and federal level. This two-part series will first explain recent developments restricting the use of noncompetes, then Part II will focus on how that increased scrutiny on noncompete agreements may impact trade secret protection.
7th Circuit: Insufficient evidence sinks ex-employees’ sexual harassment, racial discrimination claims
Two former employees of a commercial and aerospace manufacturing company were unable to convince the 7th Circuit Court of Appeals on Tuesday that they were subjected to a hostile work environment based on sexual and racial comments directed at them by other workers.
Workers at Mooresville brick plant trying to overturn ‘successor bar’ doctrine in decertification fight
Mooresville brick makers unhappy with their union are asking the National Labor Relations Board to override the decision of the regional director and allow them to take a decertification vote.
Indiana’s unemployment rate continued to descend in January and hit a low that the state has not seen at least since America’s bicentennial.
Inflation soared over the past year at its highest rate in four decades, hammering America’s consumers, wiping out pay raises and reinforcing the Federal Reserve’s decision to begin raising borrowing rates across the economy.
America’s employers stepped up their hiring in October, adding a solid 531,000 jobs, the most since July and a sign that the recovery from the pandemic recession is overcoming a virus-induced slowdown.
A handful of laborers in northwest Indiana who want to oust their union are instead having to cool their heels because, their attorney says, the National Labor Relations Board is not following the new rule it finalized last year specifically meant to prevent delays in votes on union representation.
In March, the 7th Circuit ruled that members of the Chicago Police Department’s Special Weapons and Tactics Unit were not entitled to minimum wage or overtime compensation for off-duty time they spent storing their rifles and gear in their homes. The ruling provides clarification of preliminary and postliminary work activities and the “continuous workday rule” under the Fair Labor Standards Act.
A former employee of a transportation company who sued under the Fair Labor Standards Act will be allowed to move forward with her individual claims after the 7th Circuit Court of Appeals ruled she was entitled to do so. However, it declined to address the complexities of her failed collective action.
With offices reopening and employees relearning how to conduct themselves in a professional workspace, in-house attorneys and human resources leaders are not expecting the transition to a pre-pandemic normal to be easy. Decision-makers anticipate a rise in administrative claims and lawsuits related to labor and employment matters over the next year.
The case involves New Carlisle municipal employees who alleged city officials spied on them and violated the Indiana Wiretap Act.
Joshua Payne-Elliott, a foreign language and social studies teacher, sued the archdiocese after his contract with Cathedral was terminated in June 2019.