Should You Have an Employee Handbook?

If a court employee sues regarding a condition of employment, the proper defendant can be the judge of the court, the state, the county or any combination of these depending upon the cause of action. There are counties with excellent employee handbooks and counties whose handbooks are deficient. Even if the court’s county [...]

When the Honorable Judge Has Been Served…Send it to me!

The unpleasant day might arrive when a summons or a notice arrives that names a judge as a defendant. Do not fret, just send it to me! There are four primary types of notices or summons that may land on a judge’s desk: unemployment claims, discrimination charges, notice of tort claims and [...]

When Only the Best Will Do (Part Two)

Editor’s Note: This is the second of a two-part article by the author about hiring new employees. The first part appeared in the Court Times JULY/AUGUST issue.
Ah, what a joy it is to write about hiring a good employee, rather than disciplining an employee for poor performance. Time spent hiring the right employee is [...]

When Only the Best Will Do (Part One)

Lawsuits related to employment issues in the United States have reached a record high. Employment laws and regulations are both ever-changing and ever-increasing creating unintentional traps for the unwary employer. In the employment arena, judicial immunity does not exist. One of the best ways for a judicial employer to avoid litigation is [...]

Employee Handbooks: Neither Fish Nor Fowl

The legal status of court employees is both unique and confounding. A myriad of statutes require the counties to provide space and funding so that the courts may operate. The circuit and superior courtrooms are the showpiece of most county facilities. The healthcare and pension benefits provided to court employees are the [...]

The Employee With Two Hats

The Court family has been proud to have representatives in active military service for our country through the wars and military operations that have unfolded in the Middle East. The newest Justice of the Supreme Court, Steven David, had a long and highly honored military career with exemplary service as the Chief Public Defender [...]

Performance Appraisals… To Do or Not To Do?

Experts on employee management are divided regarding whether employers should conduct annual performance appraisals of staff.   Judging by the show of hands at the recent Judicial College seminar on office management, Indiana’s judiciary is also divided in its use of performance appraisals.  The purpose of this article is to succinctly set forth the pros [...]

Cell Phones, Smart Phones, FLSA and the Court Employer

A Look at One Potential Hidden Cost of Technology—
Cell phones have changed our daily lives in many ways.  No more concerns about not being able to get a message to family members when you will be late.  No more exorbitant add-ons to hotel bills because you have to make a long distance call.  No more [...]

Social Media and the Employer

What is social media and why should a judge care about it as an employer?  The term “social media” refers to the online technologies and practices that people use to share opinions, insights, experiences, and perspectives. Much of the time it is purely social, but it can also be used to establish business connections, make [...]

Sexual Harassment Revisited

When I was a young lawyer, I thought nothing of it when my male supervisor chose to tell me of his sexual prowess with his wife or when the male attorneys gathered in his office to review his compilation of bawdy cartoons.  But I did mind several years earlier when I was right out of [...]

You Can’t Always Get What You Want, But if You Ask the Right Questions, You Get What You Need

Asking the right questions in an employment interview is similar to asking questions on voir dire.  In voir dire you want information, but you must question potential jurors in a calming and non-embarrassing way.  In a job interview you need to get information relevant to the job, but the questions have to be framed so [...]

Disability Act Protections Expand in 2009

President George H. W. Bush heralded the enactment of the original Americans with Disability Act with a speech on July 26, 1990 in which he stated:
“This is an immensely important day, a day that belongs to all of you. Everywhere I look, I see people who have dedicated themselves to making sure that this day [...]

The First Amendment and At-Will Employment

The election of 2008 is over and what an enthralling and exciting year this was for our nation.  Many worked for, or volunteered for, their candidate of choice. Some, like me, may have yearned to contribute and work for the success of their favorite candidate, but could not because of their employment.  I didn’t contribute [...]

Workplace Bullies Beware

A recent Indiana Supreme Court case, Raess v. Doescher, 883 N.E. 2d 790 (Ind. 2008), has really grabbed the interest of employment lawyers across the nation.  In a national phone-in seminar last month on “New Trends in Employment Law,” a panel of legal experts spent considerable time discussing the case.
Enter “workplace bully” in any search [...]

A Primer on the Family & Medical Leave Act (FMLA)

It is hard to believe because it is so ingrained in the workplace vocabulary, but 2008 is the fifteenth anniversary of the enactment of the Family & Medical Leave Act (FMLA).  FMLA questions dominate inquiries from the courts about employment law.  There are some basic questions about FMLA.
Does FMLA apply to every employer?
No.  It only [...]

Employees: Exempt or Non-Exempt

The difference between exempt and non-exempt employees was briefly mentioned in the last issue’s article on the Fair Labor Standards Act.  The FLSA, 29 U.S.C. § 201 et seq., requires that most employees be paid for every hour worked.  Further, if an employee has worked more than forty hours in one week, normally the employee [...]

To Judicial Employers: How to Protect Yourself From FLSA Liability

The Fair Labor Standards Act requires that most employees be paid for every hour worked, and be paid time and a half for every hour worked over forty hours in a week.  There are limited exceptions to this rule.  One of the exceptions is that government employers are allowed to substitute compensatory time off instead [...]

A Positive Note for the New Year

“Thank You.”
It is a very simple phrase that is under-rated and often forgotten.  How does an employer motivate employees to keep up the good work and continue to use their best qualities that benefit the court system?  Perhaps a private employer has more incentive options available because they are not limited by controlled budgets and [...]

What Your Employees Don’t Know Can Hurt You

My middle son is beginning his professional career.  He posed a question to me the other day, “If it is your company’s culture, is it OK to add on more to your expense account than the amount you actually paid?”  I was flummoxed that the question even had to be asked.  My son is a [...]