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.
labor and employment
Articles
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.
Same-sex marriage could cost Catholic school counselor job
A guidance counselor at an Indianapolis Catholic school could lose her job after administrators learned that she was married to a woman. The employee who worked for the school for 15 years and has been with her partner for 22 years says she has hired an attorney.
Justices let wrongful death suit proceed against Munster Church
A wrongful death suit brought against a Munster church by the family of a babysitter who died at the home of the church’s pastors will proceed to trial after the Indiana Supreme Court denied transfer last week.
Judge: IPS leader may be named in firing suits in student sex case
A federal judge has ruled that Indianapolis Public Schools Superintendent Lewis Ferebee and other high-ranking IPS officials may be named as defendants in lawsuits by two former school employees. The employees claim they were wrongly fired after IPS botched a response to reports of a sexual relationship between a student and a school counselor.
SCOTUS tackles big docket, pace likely to persist
In reviewing the recently ended U.S. Supreme Court term that included several landmark cases and three reversals of precedent, retired 7th Circuit Court of Appeals Judge John Tinder finally had to quote baseball legend Yogi Berra as to what might happen in the 2018 term.