SCOTUS ruling limits worker harassment claims
The case of Vance v. Ball State University hinged on the definition of 'supervisor.'
labor and employment
Articles
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.
Judges: employee discharged for just cause
The Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development that an employee of a funeral home was fired for just cause.
AT&T technicians file lawsuit over lunch policy
Eleven AT&T technicians have filed a federal lawsuit seeking class-action status to collect unpaid wages and overtime, alleging the company compels them to work during unpaid lunch breaks.
Regulations are few, but food trucks do have laws and codes to meet
Take a food truck to Chicago and you may be required to attach a GPS tracking device to it. Park a food truck in Indianapolis and enjoy being able to do business in an environment of few regulations.
Struggles mount for labor
Indiana this year became the 23rd state to enact a right-to-work law in which workers cannot be compelled to pay union dues. Within months, individual workers in union shops opted out, even as court challenges linger.