COA dismisses ex-bank employee’s appeal in noncompete case
The Indiana Court of Appeals has dismissed a man’s appeal of a preliminary injunction against him in a noncompete dispute with the bank that formerly employed him.
labor and employment
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Justices to hear sales rep’s nonsolicitation dispute with ex-employer
Indiana Supreme Court justices will hear oral argument next week in a dispute between a medical components company and one of its former employees after several other former employees left the company to take sales positions together elsewhere.
Judicial Conference doubles PACER fee waiver, adopts model workplace dispute resolution plan
The United States Judicial Conference has doubled the quarterly fee waiver for PACER users, a move the courts say will result in more than 75% of users paying no fees in a given quarter.
Government watchdog to testify about alleged Trump ‘promise’ to foreign leader
The government’s intelligence watchdog is set to testify Thursday in a closed session before the House intelligence committee about the handling of a whistleblower complaint.
Indiana courts among busiest for employment filings
In the U.S. District Court for the Southern District of Indiana, busy dockets are common across all case types. Recent data confirmed that trend specifically with respect to employment law, finding the Indianapolis-based courts are among the busiest in employment litigation for all of the Midwest.
Fired Elkhart city attorney fails to overcome appointee determination
A former Elkhart city attorney who was told she was being fired because the new mayor wanted “to hire my own guy” could not overcome the precedent the Northern Indiana District Court used to determine she was an appointed policymaker and therefore not covered by federal protections.
General Assembly: Indiana isn’t ‘employer’ in groping suit against Hill
The Indiana House and Senate are doubling down on their argument that Indiana Attorney General Curtis Hill cannot adequately represent their interests against discrimination and retaliation allegations brought by three legislative staffers against Hill and the state. In new court filings, the two legislative bodies say they are the entities that are legally considered the women’s employers, so they alone have the right to defend their sexual harassment prevention and response policies against the harassment allegations.
Macey Swanson expanding after closure of Fillenwarth Dennerline
After more than half a century of representing labor unions, working Hoosiers and public interest organizations, the Indianapolis law firm of Fillenwarth Dennerline Groth & Towe closed Sept. 1. However, two attorneys from the firm will be joining and helping transform Macey Swanson into Macey Swanson Hicks Sauer & Vlink LLP.
COA upholds $80K judgment for pastor who wasn’t paid
An Indianapolis church must pay its former pastor $80,000 after the Indiana Court of Appeals upheld the enforcement a judgment stemming from the church’s failure to pay the clergyman his regular salary.
Filing: Statehouse lawyers, officials tried to question Hill accusers
Details continue to emerge in the sexual misconduct lawsuit against Indiana Attorney General Curtis Hill and the state of Indiana. New allegations contained in an amended complaint shed additional light on the responses of Statehouse officials to groping and harassment allegations made by four women.
State probe finds company partly responsible for employee’s death
A state agency says a northern Indiana company was partly responsible for the death of a 43-year-old employee who was killed when welding equipment fell from a forklift.
Court tosses ex-Fishers executive’s wire fraud appeal
A man who pleaded guilty to fraudulently wiring money from his Fishers employer to his personal bank account couldn’t convince the 7th Circuit Court of Appeals that his circumstances presented a due process exception to the rule that most written appeal waivers are effective.
Web Exclusive: ILS files labor-trafficking suit for migrant workers
A recently filed complaint on behalf of several foreign nationals who have traveled to the United States for work has Indiana Legal Services Migrant Farmworker Law Center attorney Kristin Hoffman excited.
Fox & Williams Next goal for U.S. Women’s Soccer Team: Scoring equal pay
The U.S. Women’s National Team did not lose a match in route to their fourth World Cup title. When they returned home, the nation celebrated the team’s victory with numerous national TV appearances and a ticker tape parade. However, while the team reveled in victory, one battle stood ahead — not on the field, but in the U.S. District Court for the Central District of California.
Mosby & Loeffler: Examining impacts of Indiana minimum wage law changes
On April 3, Indiana Gov. Eric Holcomb signed Senate Enrolled Act 231, excluding a direct seller from the definition of “employee” under the state’s minimum wage law (Indiana Code § 22-2-2 et. seq.) and from the definition of “employment” under the state’s unemployment compensation system (I.C. 22-4 et. seq.), except under certain conditions. The law took effect July 1.
Bowling: Takin’ care of business … and gettin’ overtime
We all know the general rule about overtime: the Fair Labor Standards Act requires employees must be paid 150 percent of their standard rate of pay, or “time and a half,” for working more than 40 hours per week, but certain employees, especially executive or managerial employees, are exempt. In practice, the line between exempt and non-exempt employees is sometimes unclear, especially with respect to restaurant and retail employees.
Are noncompetes overly broad?
This year, a group of unions, employment law attorneys and other labor organizations petitioned the Federal Trade Commission to ban noncompete agreements. But while there are some instances where a restrictive covenant can be too restrictive, experts say there are also instances where noncompete clauses are legitimate.
Moorhead: Managing workplaces as marijuana, CBD, vaping tolerance grows
The landscape of the modern workplace is changing. Surrounding states have legalized marijuana. CBD oil has entered the Indiana market. And vaping is growing at an unprecedented rate. As these changes materialize in the workforce, employers are left asking, What what are these substances? Are they legal? And how can employers prepare themselves before these problems appear at their places of business?
Ex-East Chicago health offical’s suit over firing proceeds in part
A former East Chicago city employee who has alleged her constitutional rights were violated when she was fired from the city Health Department in 2015 has secured a partial victory from the Northern Indiana District Court, which also ruled partially in favor of city officials.
Positive drug test from driver’s hair weave creates legal tangle
A woman whose hair weave sample returned a positive test after she claims she was denied the chance to submit her natural hair for a random employment drug screen will have a chance to make a negligence claim against the lab, a federal court ruled.