Battle over RTW heats up in courts
When Lake Superior Court Judge John Sedia handed Indiana’s right-to-work law a pink slip, conventional wisdom held that the Indiana Supreme Court would overturn that decision and put the law back to work.
labor and employment
Articles
Changes may prompt review of background check policies
For more than 20 years, the Equal Employment Opportunity Commission has taken the position that an employer’s use of applicants’ criminal history in making employment decisions may constitute discrimination under Title VII of the Civil Rights Act of 1964, as amended. The underlying premise has always been that because minorities are historically and statistically arrested and incarcerated at higher rates than their representation in the general population, the use of criminal records by employers in making hiring and retention decisions may be discriminatory.
Question remains as to whether son is ‘child’ under Wrongful Death Statute
The Indiana Court of Appeals reversed summary judgment in favor of the defendants on two parents’ claims under the Child Wrongful Death Statute regarding their 21-year-old son who died in a car accident. The appellate court found a genuine issue of material fact as to whether the informal apprenticeship the son was participating in at the time of his death would be considered a vocational program under the CWDS.
Justices: Voluntary associations must comply with Wage Payment Statute
The Indiana Supreme Court Tuesday ordered more proceedings on a fired union employee’s complaint seeking payment for unused vacation time. The justices held that she is entitled to accrue vacation pay unless there was an arrangement or policy to the contrary, which is in dispute in this case.
SCOTUS ruling limits worker harassment claims
The case of Vance v. Ball State University hinged on the definition of 'supervisor.'
SCOTUS decides high-profile cases in term’s final weeks
The Supreme Court of the United States issued the final decisions of the 2012 term June 26. In addition to the Vance v. Ball State University ruling on the definition of “supervisor,” several of the decisions handed down during waning days of the term promise to have far-reaching impact.
SCOTUS rules in favor of Ball State in hostile work environment suit
In a 5-4 decision Monday, the Supreme Court of the United States has upheld the decision by the 7th Circuit Court of Appeals that a woman failed to prove she was subject to a hostile work environment at Ball State University.
Dismissal of Navistar workers’ complaint upheld by 7th Circuit
A group of unionized workers laid off by an Indianapolis engine plant who brought an action for breach of the collective-bargaining agreement didn’t provide enough factual content in their complaint to allow it to proceed in court, the 7th Circuit Court of Appeals ruled Tuesday.
Court orders more proceedings on laborer’s pay
The Boone Superior Court will need to take another look at a man’s lawsuit against R.L. Turner Corporation that claimed he was underpaid by the company for labor he provided on two public works projects, the Indiana Court of Appeals ruled Thursday.
Mexican restaurant owner’s $3 million bond reversed, remanded
The owner of a chain of Mexican restaurants in southeast Indiana charged with numerous crimes will have a lower bond after the Indiana Court of Appeals ruled a trial court abused its discretion in denying his motion to reduce his $3 million bond.
Taking unauthorized courses online gets displaced worker booted from TAA program
A displaced worker’s enrollment in online classes without permission is grounds for dismissal from the Trade Adjustment Assistance training program, the Indiana Court of Appeals has ruled.
Woman suing for unpaid wages passes ‘duck test’
Indiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the Wage Payment Act.
New FMLA rule expands provisions for military families
Attorneys see the 20-year-old Act growing beyond its original intent.
Refiguring workers’ comp in Indiana
A House bill looks to raise worker benefits, causing a tug-of-war over hospital reimbursement.
Judge dismisses federal right-to-work challenge
A U.S. District judge has dismissed a lawsuit filed in Hammond by a labor union challenging the state’s right-to-work law for failure to state a claim upon which relief can be granted. Chief Judge Philip P. Simon in the Northern District of Indiana did allow two counts claiming the law violates the Indiana Constitution to proceed in state court.
Price of postage is not enough for 7th Circuit to review NLRB’s ruling
The cost of a postage stamp was not enough for Beck objectors to request a refund from their unions, the 7th Circuit Court of Appeals has ruled.
Workers settle employment lawsuit against local hotels
Sixteen current and former Indianapolis hotel workers have settled their union-backed lawsuit that alleged employment violations by nine area hotels and Atlanta-based Hospitality Staffing Solutions, a subcontractor that employs many hotel workers.
COA divided over dismissing fired HR director’s complaint
The Indiana Court of Appeals was split over whether Delaware County commissioners could terminate the contract of the Board of Commissioners’ human resources director after two new members were elected to the board.
Lake County judge: RTW suit may proceed
A challenge to Indiana’s right-to-work law will proceed after a Lake County judge this week rejected the state’s request to dismiss a lawsuit filed by United Steelworkers.
Worker’s Compensation Act doesn’t give board ability to decide contract construction issue
The Indiana Court of Appeals ruled that a Hamilton Superior Judge erred in granting an injured worker’s motion to dismiss a company’s action on whether it was liable to pay workers’ compensation to the injured man, who worked for another company.