By Heather R. Falks, Employment Attorney – ADA Coordinator | Indiana Supreme Court Change is inevitable, and it is our choice whether we resist change or evolve with it. The COVID-19 pandemic has brought changes to nearly all aspects of daily life—including the way we work. Employees have set up offices in their living rooms. […]
Employment
Real perils of the Fair Labor Standards Act
By Brenda Rodeheffer, General Counsel | Office of General Counsel Don’t get caught without defenses in a lawsuit brought under the Fair Labor Standards Act, 29 USC § 201. The FLSA sets the minimum standards for payment of employees. It applies to all court employers, regardless of size. The FLSA classifies all employees into two […]
Advancing Justice in Rural Communities
Court partners with IU to create pilot rural justice clerkship program By David Sexton, Intern | Office of Communication, Education & Outreach The Indiana Supreme Court and Indiana University’s law schools partnered in a pilot program to allow their students to work with courts in less urban communities. Ten law students-five each from IU Maurer and IU […]
The problem exists
By Brenda Rodeheffer | General Counsel for Personnel & Operations The “Me Too” movement caught fire last October, and there is no sign that it is burning out. Sexual harassment as a cause of action was recognized in 1986 in Meritor Savings Bank v. Vinson. Multiple landmark Supreme Court cases through the years have expanded […]
Age Discrimination & Court Employees
Does age discrimination exist? Absolutely! It is widespread. We all forget names and search for the right word from time to time. These memory lapses are commonly referred to as “senior moments,” a patently discriminatory term. Yet memory loss and other infirmities do afflict a significant percentage of the advanced age population. For most employers, […]
Harassment in the Workplace
A significant employee-related development this year was a study of harassment and retaliation in the workplace by the Equal Employment Opportunity Commission (EEOC). Harassment as a legal issue dates back to 1986 when the US Supreme Court held that the sexual harassment of a female bank executive created a hostile work environment and was a […]
Changes to the Fair Labor Standards Act (FLSA)
Increase pay or limit hours is the choice for many employers effective December 1st under a new Department of Labor rule under the Fair Labor Standards Act (FLSA). Employers are under more stringent standards concerning over-time pay for non-exempt employees. Most court employees are, and will remain, classified as non-exempt but courts should be aware […]
Are you paying court employees a salary or not?
Two salary issues have been vexing a number of courts: 1) must court employees be paid for every hour worked when they are “salaried” and 2) may court reporters work during the regular work hours when the reporter is preparing a transcript? Both state statutes and case law frequently refer to the salaries of public […]
Protecting What You’ve Got: Preserving Knowledge
Judge Steady, I won the lottery!,” exclaimed Court Reporter Sue Lucky. Yea for twenty-year employee Sue, who is celebrating by resigning that very day to find a new winter home near her grandchildren in Arizona. An employer is lucky to get a week’s notice. All courts are “at will” employers and employees are free to […]
Employee Medical Leave Rights: It’s Complicated
Once upon a time, the employer determined medical leave. Whether an employee had the ability to stay home when ill without risk of termination depended on the boss. After a nine-year legislative battle, in 1993 Congress enacted the Family & Medical Leave Act (FMLA). For many workers, FMLA proved to be a great boon. Parents […]
Americans with Disabilities Act and the Code of Judicial Conduct
The focus of this article is on the Americans with Disabilities Act (ADA) and the obligations of judges to all persons who use court services and who need accommodation to do so. The United States Department of Justice (DOJ) for many years has made enforcement of the ADA a major priority. A significant part of […]
What Indiana Trial Judges Need to Know about the Affordable Care Act
County contracts and programs govern health care benefits for trial court employees. However, trial court judges in their roles as employers should still know some key things about the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148 § 5505, or “Obamacare,” but most commonly referred to as the Affordable Care Act […]
Dealing with the Difficult Employee
Martin has been working as a probation officer for seventeen years during which time he provided good to commendable service to the court. He and Judge Edwards have seen a lot together and are very comfortable with each other. However, lately all is not well with Martin, and no one knows exactly what or why. […]
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 is one […]
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 actual lawsuits. The […]
