Department of Labor Cracking Down on Unpaid Interns
As summer hiring season for college students heats up, keep in mind that the Department of Labor is cracking down on the use of unpaid interns. The Department relies on six criteria to gauge whether an...
View ArticleFederal Probe Results in Back Wages for Hotel Workers in Indiana
The U.S. Department of Labor recently recovered almost $20,000 in back wages for hotel employees at 16 Midwest hotels, including five located in Indiana, operated by Sunrise Hospitality, Inc. The...
View ArticleDepartment of Labor Celebrates Workers Memorial Day
Visit One Too Many on the Department of Labor's blog.
View ArticleU.S. Department of Labor Tackles Heat Related Illnesses
As summer approaches, the United States Department of Labor has announced an outreach program to protect workers from heat-related illnesses. Read more here.
View ArticleIU Indy to Host Seminar on Labor Law in the Age of Social Media
On Friday, June 10, 2011, attorneys from Macey Swanson and Allman will join a distinguished group of Indianapolis labor attorneys participating in a seminar at the Indiana University - Indianapolis...
View ArticleWorker's Compensation in Indiana to Undergo Changes in July
The recently concluded session of the Indiana General Assembly enacted several changes to Indiana's Worker's Compensation Act that will go into effect on July 1, 2011. Included in these are:• All...
View ArticleSummary of the Indiana Legislature's 2011 Session
The recently adjourned Indiana legislative session was a tumultuous and controversial one. A substantial number of bills were passed affecting Indiana's workers' rights. We've put together a summary...
View ArticleNew app makes it easier for employees to track wages
The US Department of Labor recently released an app in the iStore for users of Apple devices. This app acts as a virtual timesheet, helping workers track their hours and overtime. It is free and...
View ArticleUnion Plus Legal Service
Macey Swanson and Allman is proud to be an affiliate of the Union Plus Legal Service offered through the AFL-CIO. If you are a Union Plus member and need legal services relating to worker’s...
View ArticleNew Indiana Laws Take Effect Today
The Indianapolis Star has a rundown of new laws that take effect in Indiana today. Of note to employees are laws requiring drug tests to qualify for certain unemployment benefit programs and employer...
View ArticleTechnology Leading to Increase in Worker's Compensation Claims?
With the increase in technology being provided to and utilized by employees outside of the traditional confines of an office, a new area of potential worker’s compensation claims has opened up.A recent...
View ArticleIndiana Court of Appeals Rules for Injured Employee
The Indiana Court of Appeals recently overturned a decision of the Indiana Worker’s Compensation Board denying continued coverage of a prescription for an injured employee in the case of Albright v....
View ArticleSome Employees are More at Risk for Unpaid Overtime
Some groups of employees are often not paid the overtime wages to which they are entitled under federal law. The following types of employees have had particular problems with unpaid overtime:Fast...
View ArticleBill to Modernize FECA Introduced in the U.S. House of Representatives
On July 8, 2011, Representative Kline (R-MN), joined by Representative Miller (D -CA), Representative Walberg (R-MI) and Representative Woolsey (D-CA), filed H.R. 2465, the Federal Workers’...
View ArticleEmployers Have New Tools to Check Your Online History
Employees take note: employers have a new tool to track your online postings. Writing at Forbes, Kashmir Hill reports on a company that "helps screen job applicants based on their Internet photos and...
View ArticleThe NFL Lockout and Worker's Compensation
Although the NFL lockout has drawn national attention, not much has been given to one of the sticking points between management and the players – worker’s compensation. Traditionally, retired players...
View ArticleSeventh Circuit Clarifies Similarly Situated Defense for Employers
"There is no 'similarly situated employee' analysis available to the employer to defeat a plaintiff's claim." So held the Seventh Circuit in Diaz v. Kraft Foods Global, Inc., No. 10-3073 (7th Cir. Aug....
View ArticleEmployers Must be Mindful of Employee Health During Heat Wave
During a summer of record temperatures, it is crucial for employers and employees alike to be aware of the dangers of heat related illnesses and how to prevent them. Ignoring symptoms can be deadly –...
View ArticleAct Quickly: 30-Day Statute of Limitations for IOSHA Retaliation Claims
The Whistleblower Protection Unit of the Indiana Occupational Safety and Health Administration (IOSHA) investigates claims of retaliation against employees for exercising rights under the Indiana...
View ArticleSenate Holds FECA Hearing
As previously mentioned, the Federal Employees’ Compensation Act (“FECA”) is the subject of new legislation in an effort to bring it up to date. To this end, a congressional hearing was held on July...
View ArticleOSHA to Undergo Changes
The Occupational Safety and Health Administration (“OSHA”) recently announced new efforts to improve the Whistleblower Protection Program, which protects employees who report violations of workplace...
View ArticleRichard Swanson to present at November ICLEF seminar
Macey Swanson and Allman partner Richard Swanson will present a session titled “Cost Effective Hearing Preparation of a Denied Worker’s Compensation Claim” at the ICLEF Worker’s Compensation Seminar on...
View ArticleEmployees must be told of unionizing rights
Employers will now have to display posters that inform employees about their rights to unionize, thanks to a new regulation issued last week by the National Labor Relations Board (NLRB). These posters...
View ArticleDOL proposes changes to child agricultural labor laws
The Department of Labor announced late last month that it will propose changes to child labor regulations in an effort to increase protections for young workers in agricultural occupations. These...
View ArticleJudge Hamilton Issues Dissent in ERISA Benefits Case
Judge David Hamilton of the Seventh Circuit Court of Appeals issued a thoughtful dissent to a majority opinion of the Court in Sullivan v. Cuna Mutual Insurance Society. The majority found that an...
View ArticleNora Macey named one of Indianapolis's top attorneys by Best Lawyers
Best Lawyers, the oldest peer-review publication in the legal profession, has named Nora L. Macey as the Indianapolis Best Lawyers Employment Law - Individuals Lawyer of the Year for 2012.After more...
View ArticleGM and UAW Reach Contract Agreement
General Motors (GM) and the United Auto Workers (UAW) have reached a new contract agreement. The new contract, which was ratified September 28, 2011 by UAW members, includes provisions that retain...
View ArticleChanges to Indiana's Unemployment Rules Effective October 1
The Indiana General Assembly passed a new law earlier this year making several changes to unemployment insurance. On October 1, 2011 eligibility requirements are changing. Click here for more...
View ArticleDaylight Savings Impacts Pay
Employees working during overnight Daylight Savings Time changes (both “springing forward” and “falling back”) should make sure to check their pay records to see that they were paid for the number of...
View ArticlePayment for Future Care May be Required in Certain WC Cases
The Indiana Court of Appeals recently ruled that an employee who has reached maximum medical improvement for a work-related injury may still be entitled to further payments for future palliative care...
View ArticleMacey Swanson and Allman wins Important Unemployment Victory
Macey Swanson and Allman recently won an important unemployment case before the Indiana Supreme Court, preserving unemployment benefits for a significant number of employees who left work in connection...
View ArticleNLRB Announces Posting Requirements
As of April 30, 2012, most private sector employers are required to post notices in the workplace informing employees of their rights under the National Labor Relations Act.Rik Lineback, Regional...
View ArticleRecent Ruling on Last Chance Agreements and EEOC Retaliation
The District Court for the Central District of Illinois ruled in favor of the EEOC on a retaliation claim brought on behalf of an employee who refused to sign a last-chance agreement that included a...
View ArticleBig Cases Remain on Supreme Court To-Do List
The Wall Street Journal's law blog lists five big cases the Supreme Court has yet to rule on this term, including the ruling on the Affordable Care Act a/k/a "Obamacare."Hat tip: Indiana Law Blog.
View ArticleSupreme Court Clarifies Judicial Review of Federal Employee Terminations
On Monday, June 11, the Supreme Court ruled 6-3 on a class action brought by federal employees challenging their termination for failing to register for the draft. The Court found that it did not have...
View ArticleEmployer Obligations for Workers Compensation and Possible Signs of Fraud
In Indiana, most employers must carry workers compensation insurance. Under IC 22-3-2-22, information about this insurance must be posted in a conspicuous place in the employer’s place of business. It...
View ArticleNLRB Judge finds 24 Hour Fitness arbitration clause violates federal labor law
An NLRB Administrative Law Judge has issued a decision finding that 24 Hour Fitness USA, Inc. maintained and enforced an unlawful arbitration policy that required employees to give up their federally...
View ArticleA Note on the Rights of "Temp" Employees
In today’s economy, it is common for employees to be employed by staffing agencies or “temporary” employment services. These employees typically work at an employer that is a client of the staffing...
View ArticleDay Laborers May Sue under Wage Payment Act
The Indiana Supreme Court has ruled that day laborers may sue under Indiana's Wage Payment Act. See this Indiana Lawyer article for more, including Justice Massa's analysis under "the duck test."
View ArticleEmployers Cannot Refuse to Hire Pro-Union Employees on the Basis of Their...
A recent National Labor Relations Board (“NLRB”) decision, Aerotek, Inc. v. International Brotherhood of Electrical Workers, Local 22, affiliated with the International Brotherhood of Electrical...
View ArticleThe Careerist has Advice for those Getting Fired
Just found out you've been terminated? The Careerist has a list of"Five Things You Must Do Right Away" The first is the best: "Stay calm, shut up and listen."h/t American Bar Association
View ArticleIndiana Workplace Fatalities Rose in 2012
In a dramatic 49-person increase from the previous year, 171 Hoosiers died on the job in 2012. This was the highest rate in 14 years. For more information on this total and on the Workers Memorial Day...
View ArticleFederal Court Weighs in on Unpaid Internships
A federal district court in Manhattan has weighed in on the legality of certain unpaid internships and the Atlantic Magazine at least thinks the ruling may make those internships more rare. See the...
View ArticleYoung Employees at Higher Risk for Workplace Injuries
According to a recent release by the U.S. Department of Labor, workers under the age of 25 are twice as likely to be injured on the job as older workers. In the U.S., a teenage worker is injured on the...
View ArticleUnity Team and Macey Swanson and Allman Resolve Guards' Claim
INDIANA CORRECTIONAL OFFICERS RECEIVE SETTLEMENT FOR PRE- AND POST-SHIFT DUTIES PERFORMED AFTER THE ELIMINATION OF ROLL CALLIndiana Department of Correction (DOC) officers recently received a...
View ArticleWage Theft at Fast Food Restaurants
Here's an interesting examination of wage theft in the fast food industry from Colorlines.
View ArticleRichard Swanson Speaks at Indiana Worker’s Compensation Seminar
Macey Swanson and Allman partner Richard Swanson spoke at the 22nd Annual Worker’s Compensation Seminar, which is organized by the Indiana Workers Compensation Institute (IWCI) and the Indiana...
View ArticleMacey Swanson and Allman Secures Important Religious Accommodation Win
Macey Swanson and Allman recently achieved a reversal from the Seventh Circuit Court of Appeals in the case Adeyeye v. Heartland Sweeteners. Brought on behalf of a Nigerian immigrant who sought time...
View ArticleAnother Seventh Circuit Employment Discrimination Win for Macey Swanson and...
Click here for Indiana Lawyer coverage of the Seventh Circuit's recent ruling in favor of an age discrimination plaintiff represented by Macey Swanson and Allman.
View ArticleDepartment of Labor Amends FMLA to include Same Sex Spouses
From the Department of Labor Release: "Eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live."See more...
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