Judges: early retirement ends unemployment benefits
The Indiana Court of Appeals affirmed the termination of unemployment benefits for an auto worker who accepted an early retirement package after she was laid off.
labor and employment
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Discrimination cases rising
As people lose their jobs in a rough economy, it’s obvious that unemployment claims go up – and stay up – as it is more difficult to find new work.
7th Circuit affirms firing for non-compliance with FMLA leave policy
The 7th Circuit Court of Appeals affirmed summary judgment dismissing a woman’s Family and Medical Leave Act claim against the company that fired her because she didn’t give proper notice for an extension of leave and failed to return to work as expected.
Appeals court hears back-pay arguments
Attorneys argued before the Indiana Court of Appeals on an appeal of a Marion Superior judge’s award of more than $42 million to a class of thousands of current and former state employees wanting to recover back pay for unequal wages earned between 1973 and 1993.
Court rules on first impression FLSA issue
In denying summary judgment for either party in a dispute involving the Fair Labor Standards Act, the U.S. District judge
noted the issue appears to be one of first impression in the 7th Circuit.
20 years of rights under the ADA
While many people might take it for granted that accessibility for all people is now commonplace and that it is illegal to
discriminate against an employee based on a disability, the Americans with Disabilities Act was signed only 20 years ago.
Judges: 2-year statute of limitations doesn’t apply
The Indiana Court of Appeals reversed the dismissal of a medical group’s application for adjustment of claim for provider
fee, finding the Indiana Worker’s Compensation Board erred by ruling the application was filed outside the statute of
limitations.
Man entitled to commission, but a reduced amount
Because a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his former employer owed him due to draws and set-offs.
Exotic dancers are employees, may settle case
A federal judge has found that exotic dancers at an Indianapolis club are employees, not independent contractors as the club
owner argued.
Court rules on workers’ comp dispute
The Indiana Court of Appeals reversed a finding that a company had acted in bad faith in denying workers' compensation benefits because there was a dispute over who should pay the benefits.
SCOTUS accepts Indiana steel plant case
The nation's highest court has agreed to take on a labor dispute issue involving a northern Indiana steel plant. The high court will consider whether the National Labor Relations Act allows the governing board to act when only two of its five positions are present to vote on labor disputes.
Annual labor relations seminar May 15
Attorneys interested in learning more about labor and employment law issues, while earning CLE credit, can still register for the 30th annual seminar on labor-management relations May 15 in Indianapolis.
COA split on which statute of limitation applies
The Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's FELA claim in state court.
Law professor in PBS show on harassment
An Indiana University School of Law – Indianapolis professor will be featured as an expert on a PBS show Feb. 20 about teen sexual harassment on the job.
Fort Wayne attorney dies
A Northeastern Indiana attorney known for his ability to quote literature died March 9 at the age of 53. Russell Strunk practiced litigation and employment law in Fort Wayne.
Jury awards NW Indiana couple $48 million
A Lake County jury awarded a couple $48 million for injuries the man sustained after a workplace accident.