COA won’t rehear injured immigrant worker’s case
The Indiana Court of Appeals will not revisit its divided ruling that an injured masonry laborer’s immigration status is valid evidence in his lawsuit against the general contractor at his worksite.
labor and employment
Articles
COA orders new trial on vicarious liability issue
A new jury will decide whether a Sony employee in Terre Haute was acting in the scope of his employment when he hit a security guard on the property while driving to recycle personal items on company property.
COA: Trial court properly reinstated demoted police officer’s rank
In a case of first impression, the Indiana Court of Appeals agreed that a judge could order a police officer’s rank returned to sergeant instead of sending the matter back to the police merit board for further proceedings.
Lack of evidence divides judges on false claims suit
Based on the evidence presented before it on a False Claims Act lawsuit brought by a labor union, the 7th Circuit Court of Appeals decided to affirm summary judgment in favor of the union member’s company. But the dissenting judge believed the record required remand for a trial.
Employers struggle with complicated immigration system
At the third meeting of the Senate Select Committee on Immigration Issues, business professionals and attorneys told committee members the measures Indiana has adopted in recent years have actually hurt the state’s economy and public safety.
Justices rap Labor Dept. over change in overtime pay rules
The Supreme Court of the United States ruled Monday that the Labor Department must do a better job of explaining why it is changing a longstanding policy on whether certain workers deserve overtime pay.
Simon faces proposed class-action from guest services managers
Two former guest-services managers at shopping malls in Illinois and Oklahoma have sued Indianapolis-based Simon Property Group, claiming the retail property giant violated the Fair Labor Standards Act by failing to pay overtime and comply with other federal wage and hour provisions.
Senate committee cautioned against trying to solve immigration headaches
Attorneys and business leaders repeatedly told state officials Wednesday that the immigration system is broken but the federal government, not Indiana, should make the repairs.
7th Circuit affirms government employees must resign after elected to office
The 7th Circuit Court of Appeals upheld an Indiana law that prevents people employed by the government to also hold elected office in the same municipality they are employed in. The law was challenged by a host of individuals who both serve on city and town councils and work for the same town as police officers, office managers and firefighters.
Local Uber driver sues company over compensation issues
An Uber driver from Marion County has filed a class-action complaint against the ride-on-demand company, claiming that Uber treats its drivers like employees but classifies them as independent contractors in order to skirt labor laws.
Sandwich chain Jimmy John’s sued over noncompete agreements
Illinois Attorney General Lisa Madigan is suing the Jimmy John's sandwich chain accusing it of improperly forcing low-level employees to sign agreements preventing them from seeking jobs with competitors.
New overtime rules force hard choices for employers
For Purdue University—the state’s eighth-largest employer—new overtime rules could mean an $8 million or so hit to the school’s already-stretched budget.
Judge: US women’s soccer team bound by no-strike clause
A federal judge says the world champion U.S. women's soccer team currently does not have the right to strike to seek improved conditions and wages before the Summer Olympics.
High court ruling helps federal workers file job bias claims
The Supreme Court of the United States is making it easier for federal workers to file employment discrimination lawsuits after quitting their jobs over conditions they consider intolerable.
COA: Worker’s comp board may overrule medical examiner
The Indiana Court of Appeals affirmed a Worker’s Compensation Board decision that a man did not sustain a cervical injury as a result of a workplace accident. The board was not required to follow treatment recommendations of an independent medical examiner who saw the man after his employer notified him of its intent to terminate temporary total disability benefits.
New OT rules force hard choices on small businesses
The regulations being issued by the Labor Department today would double to $913 a week from $455 the threshold under which salaried workers must be paid overtime. In terms of annual pay, the threshold rises to $47,476 from $23,660. The rules take effect Dec. 1.
Company must sign collective bargaining agreement
The 7th Circuit Court of Appeals enforced a decision from the National Labor Relations Board that Merrillville's Polycon Industries must abide by a collective bargaining agreement it made with a Teamsters union after it had agreed to the terms.
Lawsuit: Ex-IU med school official says he was sexually harassed
A former administrator at the Indiana University School of Medicine says he was pressured to resign after complaining about a female administrator he claims sexually harassed him.
Undocumented immigrant issues left unanswered
A recent Indiana Court of Appeals decision didn’t provide the guidance one attorney had hoped from the court regarding injured undocumented workers. But the judges did decide that the worker’s immigration status is important in his lawsuit.
Uber drivers’ $100M deal may set pace for gig economy
Uber Technologies Inc. resolved the biggest threat to its business by settling with California drivers suing to be treated more like traditional employees, a move that could have broad-ranging implications for companies across the sharing economy.