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 […]
