Prosecutor: 27 carpenters ordered to repay $531K to union
Federal prosecutors say 27 carpenters have been ordered to repay more than $500,000 to their union after pleading guilty to health care theft.
labor and employment
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Judge: Race, age discrimination claims against Amazon may proceed
An age and race discrimination case against online shopping giant Amazon will proceed after a district judge in Indianapolis partially declined to dismiss claims brought by a former employee.
Board fires South Bend officer involved in fatal crash
A public safety board has voted to fire a South Bend police officer who was involved in a fatal car crash while on duty.
Ex-judge accused of sex-based harassment tentatively settles
A former Huntington County judge has reached a tentative settlement with his accuser in a sex-based harassment case brought by a county probation officer who alleged the judge engaged in a “campaign of sex-based harassment, discrimination, and retaliation” that “created a hostile and oppressive workplace environment.”
Justices rule for firefighters claiming age discrimination
The Supreme Court has decided unanimously that local governments with small workforces must comply with a federal law against age discrimination.
Construction attorneys say contract disputes remain most common
Of all of the things that can go wrong during a construction project, a contractual dispute is the most likely problem. A recent report found that such disputes take, on average, 18 months to resolve — an increase over 2016.
Fired, arrested Walmart worker loses appeal
The Indiana Court of Appeals affirmed the grant of summary judgment for Walmart when it found a former employee at its Greencastle store who was fired and arrested for theft after buying deeply discounted tires could not support his claims against the retail giant.
7th Circuit upholds judgment for Pearson on sex discrimination claim
A former employee of Pearson Education, Inc. has lost her sex discrimination appeal against the educational products supplier after the 7th Circuit Court of Appeals found the woman failed to show she was similarly situated to three male employees she claimed were treated better than her.
COA: Fired deputy marshal wrongly denied hearing
The Indiana Court of Appeals reversed a decision that found a deputy town marshal was not entitled to a hearing following his employment termination. The deputy had been fired after taking leave for a medical condition.
COA: No error in calculating $35K in attorney’s fees
The Indiana Court of Appeals affirmed the award of more than $35,000 in attorney’s fees, despite a lawyer’s argument that the amount awarded to a plaintiff in an employment suit was miscalculated.
7th Circuit reinstates Renssalaer workers’ “popcorn lung” claim
The 7th Circuit Court of Appeals reinstated a claim filed by nearly 30 workers who argue a microwave popcorn plant failed to warn them of exposure during the manufacturing process to a butter flavor ingredient that has been linked to a disease known as “popcorn lung.”
Justices: Evansville, Fort Wayne partly liable for police sex assaults
The Indiana Supreme Court affirmed two cities were entitled to summary judgment on the common-carrier theory, but not on the issue of liability under respondeat superior’s scope-of-employment rule in a consolidated civil lawsuit involving two women who were sexually assaulted by on-duty police in Evansville and Fort Wayne.
7th Circuit reverses employment claim jurisdiction dismissal
After a woman failed to receive a report as to why her job offer was rescinded, the 7th Circuit Court of Appeals reversed a district court’s dismissal of her adverse-action claim for lack of jurisdiction.
7th Circuit reinstates UPS worker’s disability complaint
The 7th Circuit Court of Appeals reversed and remanded a decision denying a UPS employee’s claims of disability discrimination, failure to accommodate, and retaliation when she requested accommodations, in violation of the Americans with Disabilities Act.
Labor laws revisited: Unions regroup after SCOTUS ruling
It was a decision that surprised few, but disappointed many. The United States Supreme Court ruling in Janus v. AFSCME, 585 U.S. ___ (2018), delivered a victory to right-to-work advocates but a blow to labor unions, holding that public sector, non-union employees cannot be forced to pay union dues.
Wildeman and St. Pierre: Case gives employers bright-line rule on ADA unpaid leave
In an area of law focused on individualized inquiry, Indiana employers now have a bright-line rule thanks to a recent decision in our jurisdiction. In September 2017, the 7th Circuit Court of Appeals handed down Severson v. Heartland Woodcraft, Inc., 872 F.3d 476.
Finklea and Eckhart: Good faith under Wage Payment Statute still developing
Liquidated damages under Indiana law were initially mandatory, but amendments to the statute in 2015 created a good faith defense. However, three years out from the 2015 amendment, the concept of good faith remains relatively undefined by caselaw.
Bankovich and Pauli: Documentation tells the employer’s story
Preparing and maintaining good documentation is a practice that seems simple in theory. But it requires discipline and training for those creating documentation. It’s important to know that just as good documentation is helpful, bad documentation can be harmful.
Retaliation, discrimination, wage claims keep pace with hot economy
Claims of workers being harassed or denied opportunities because of their race, national origin, gender, age or sexual orientation are continuing despite diversity in the workforce and employers’ heightened need for labor amid low unemployment.
Cotterill: Reinforcing corporate culture with personnel policies
Everyone’s talking about corporate culture and employee engagement these days because talent attraction and retention are so critical to the success of every company. So much goes into developing culture, and lawyers can have a positive impact on their company’s culture just by modernizing the old, boring personnel policy manual.