‘Ban the box’ Senate bill passes House
As the Indiana General Assembly moves closer to the end of the 2017 long session, state legislators are beginning to hold their final votes on various bills, including legislation on “ban the box” provisions.
labor and employment
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COA remands child support case
An Indiana trial court did not err in finding a Marion County father is voluntarily underemployed, yet it failed to consider evidence of the father’s prevailing job opportunities or earnings level, the Indiana Court of Appeals found Monday.
High court struggles over hospital pension dispute
The Supreme Court of the United States is struggling over whether some of the nation's largest hospitals should be allowed to sidestep federal laws protecting pension benefits for workers.
COA reinstates right-to-work case, says federal law preempts state claims
Although former members of a Fort Wayne union did make a claim upon which relief can be granted after their former union continued to take dues from their checks without their consent, the Indiana Court of Appeals ruled Thursday that federal labor law is preemptive in the state court case.
Adolay: The consequences of improper employee classification
A dangerous yet continued way of thinking by some companies is that the company can enter into a contract with an individual and call it an independent contractor agreement, agree on how that agreement will be structured, and be protected from liability normally attributed to an employer. This misconception carries a potential for significant damages for the company and its decision-makers.
Walker: EEOC investigative subpoena power to be tested
The Supreme Court of the United States is specifically addressing how appellate courts should review district courts’ decisions to quash or enforce an EEOC subpoena.
Paying dues under right-to-work
Drivers claim illegal union withholdings in case where checkoff cards are key.
Woman may amend tortious interference claim against Allison Transmission
A woman who alleges that an Indianapolis company contributed to her employment termination may continue her defamation claim against the company and amend her tortious interference claim pursuant to Indiana trial rules, the Indiana Court of Appeals has ruled.
Strip club operator accused of exploiting dancers
A Colorado company that owns over a dozen strip clubs around the country, including in Indianapolis, is facing a federal lawsuit over allegations that it exploited its dancers by requiring them to pay fees in order to work.
COA to hear right-to-work case at IU Maurer
A panel of the Indiana Court of Appeals will hold oral arguments in a case involving Indiana’s controversial right-to-work law at the Indiana University Maurer School of Law this week.
Acupuncture clinic fails to prove point before COA
An employee at an Indiana acupuncture and yoga facility who was repeated screamed at by the owner had good cause for quitting and is thus entitled to unemployment benefits, the Indiana Court of Appeals affirmed Friday.
Justices question meaning of EBITDA in HHGregg manager bonus case
After a key member of HHGregg’s leadership team died in 2012, his $40 million life insurance policy was paid out to the company and brought that year’s total earnings to $143.5 million. Now, senior managers on the HHGregg team say they should receive bonuses based on the total 2012 earnings, claiming that the life insurance policy propelled the company to an earnings level that warranted extra compensation for their work.
Supreme Court to hear HHGregg, managers’ incentive fight
The Indiana Supreme Court will hear a case Feb. 23 in which a trial court and the Indiana Court of Appeals reached opposite conclusions about whether key HHGregg managers were entitled to incentive bonuses triggered by the company’s receipt of $40 million from an executive’s life insurance proceeds.
Trump’s second pick for Labor differs more in style than policy
President Donald Trump’s second nominee for labor secretary, R. Alexander Acosta, represents a bigger contrast with the prior pick on biography and personal style than on policy substance.
Trump names law school dean as new choice to become labor secretary
President Donald Trump on Thursday announced law school dean R. Alexander Acosta as his new labor secretary nominee, one day after his original pick abruptly withdrew from consideration.
Court denies motions attacking jury verdict for worker in wage suit
A federal judge Thursday rejected motions for judgment in its favor or a new trial by employers who lost a jury trial over unpaid wages to a Terre Haute worker.
COA affirms summary judgment against Celadon in class action
The Indiana Court of Appeals has affirmed summary judgment against a prominent trucking company in a class-action lawsuit, holding that the terms of the company’s contract with its independent drivers require the company to deduct the cost of fuel from their compensation based only on the lowest discounted price.
Judge rules for Teamsters, notes plaintiff’s gambling bills
The owner of a defunct trucking business who sued an Indianapolis Teamsters local alleging interference with business relationships lost her case, and a judge used his order to point out that money withdrawn from the company’s bank account for gambling sprees occurred at the same time the union alleged its health benefits went unpaid.
COA: Company cannot withhold ‘voluntary’ deductions from ex-employee’s pay
A plumbing and electrical company cannot impose “voluntary” tax deductions on a former employee’s final paycheck without statutory authority, nor can it force that employee to pay a $1,000 insurance deductible after an auto accident, the Indiana Court of Appeals held Monday.
Former IDEM employee’s lawsuit highlights risks, rewards for whistleblowers
Suzanne Esserman claims the Indiana Department of Environmental Management fired her for questioning payments to private contractors, so she's filed a whistleblower lawsuit.