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Indiana

Government employees have limited free-Speech rights

06/11/2008
The days are just about over of public employees speaking out against their employers’ actions and claiming they were simply exercising their First Amendment right to free speech. The Constitution doesn’t provide protection for those acting in an official capacity …

Accommodated worker failing? You can terminate

06/11/2008
You have an obligation under state and federal disability laws to provide disabled employees with reasonable accommodations. But sometimes accommodations don’t improve attendance or performance. Sometimes the disabled employee doesn’t cooperate. In those cases, what are your options? …

Audit wages and salaries to identify hidden sex bias

06/11/2008
It doesn’t take much for a sex discrimination complaint to turn into a trial. Sometimes all it takes to start a Title VII sex discrimination and Equal Pay Act lawsuit is hiring a woman to fill a position that had been previously held by men who made more money …

Beware new trend: Courts increasingly cut slack for vets

06/11/2008
More and more former service members are using the benefits Congress provided when it passed USERRA. In a recent decision, the 7th Circuit Court of Appeals excused a former service member from even the most minimal of requirements before filing suit. That case is clearly part of a trend, one that may lead to more litigation for organizations that employ veterans …

Seek legal assistance when negotiating contract terms with union

06/11/2008
It may be tempting for HR professionals to try to negotiate and draft key aspects of union collective-bargaining agreements. But there are good reasons to leave collective bargaining to labor relations and legal experts …

Compulsory call-Out doesn’t automatically mean paid wait time

06/11/2008
Some industries are prone to emergencies that suddenly increase the workload. And some companies insist that all employees be available by phone or other means at least part of the time. That doesn’t mean, however, that those subject to a mandatory call-out must be paid for the time they spend waiting for a call …

Good news: Employees have just two years to file sales commission complaints

05/27/2008
It could have been the case that employer nightmares are made of—but the 7th Circuit Court of Appeals saved the day. Interpreting Indiana law, the federal court ruled that employees have just two years to sue over disputed sales commissions, not the 10 years a former employee argued for …

Good news: No personal liability for age discrimination claims

05/27/2008
It’s hard enough being a manager, supervisor or HR professional without worrying that a court may second-guess your decisions. It’s even harder in cases where making a mistake means personal liability. Fortunately, you don’t have to add age discrimination claims to those for which you can be held personally liable …

A settlement’s a settlement, court rules

05/27/2008
Once the legal bell tolls, you can’t un-ring it. So learned a South Bend educator who this spring sought to overturn an employment law settlement she had seemingly agreed to four years ago …

Tyson Foods beset by another overtime lawsuit

05/27/2008
Roughly 600 workers at the Tyson Foods meat processing facility in Logansport have filed suit seeking compensation for time they spent preparing for shifts and cleaning up afterward. The lawsuit is the latest in a string of “donning and doffing” overtime suits against Tyson and others in the meatpacking industry over what constitutes “compensable” activities …