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.
labor and employment
Articles
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.
Justices to weigh limits on worker rights to sue employers
The U.S. Supreme Court said Friday it will decide whether employers can require workers to sign arbitration agreements that prevent them from pursuing group claims in court.
Gary councilwoman challenges accusations of law violation
A city councilwoman has filed a lawsuit to keep her second job as an employee of the Gary Sanitary District.
Former IDEM employee’s unlawful termination case can continue
A former Indiana state employee can continue her case against the Indiana Department of Environmental Management after the Court of Appeals decided Thursday that her unlawful termination complaint stated a claim upon which relief can be granted and that sovereign immunity cannot apply.
COA upholds dismissal of fired DOT employee’s untimely petition for review
A former employee of the Indiana Department of Transportation, who was fired in 2013, untimely filed his petition for judicial review after he was unsuccessful in his administrative appeals and the trial court correctly dismissed his petition, the Indiana Court of Appeals affirmed Thursday.
Employers, labor lawyers left hanging as judge blocks OT rule
Companies and the employment lawyers who advise them had, in many cases, worked for months planning to comply with new Department of Labor regulations affecting millions of salaried employees who are exempt from overtime pay. All they know after a judge blocked the rule is that they don’t know what’s next.