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 [...]

Being a Judge in the Back Office

A judge makes decisions within the confines of the law, trusting his/her instincts, and almost always in solitude.  It requires good intellect and a strong and caring heart to administer justice.   When we think of judges, we picture a wise and courageous leader, clad in a robe, making decisions while sitting on the bench. [...]

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 [...]

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