Articles

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

COA: Commissions do not qualify as wages under Wage Payment Statute

The Indiana Court of Appeals found commissions paid to a woman who was working as a salesperson at a furniture store did not qualify as wages, and therefore granted summary judgment to the store. The woman claimed her commission payments were not paid within the 10-day limit required under the Indiana Wage Payment Statute.

Read More

7th Circuit: State immune from FLSA suit

The 7th Circuit affirmed that Indiana was immune from a Federal Labor Standards Act lawsuit brought by two Department of Child Services Employees. The court said the state did not give consent for the suit, and thus had 11th Amendment immunity under the U.S. Constitution.

Read More

COA: Patient not notified doctor was independent contractor

The Indiana Court of Appeals ruled a man was never notified that the doctor treating him was an independent contractor and not an employee and therefore reversed summary judgment to the hospital and remanded the man’s vicarious liability case to the trial court.

Read More