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Employment Discrimination Case – Cat’s Paw Theory

Employment attorneys are constantly on the hunt for decision-makers behind adverse employment actions.  They are always looking to make sure that the decision-makers are also the bad actors, i.e. the individuals who harbor discriminatory intent.  Sometimes, the decision-maker is a separate individual from the bad actor who holds discriminatory intent, and this can pose a […]

Indiana’s Minimum Wage Law: No Overtime Claim for Law Enforcement Employee of Small Employer

Sometimes, the law falls well short of reasonable expectations.  Sometimes, people suffer clear injuries, and the law simply fails to provide an adequate remedy.  This is clearly the case in what happened in the matter of Richardson v. Town of Worthington, (Ind. Ct. App. Sept. 17, 2015).  Richardson sought unpaid overtime wages under Indiana’s Minimum […]

Americans with Disabilities Act – Essential Functions – Issue of Fact for Jury

In Shell v. Smith (7th Cir. June 15, 2015), the Seventh Circuit reversed the District Court and held that issues of fact must be decided by a jury on whether driving a bus was an essential function for the plaintiff.  To be protected under the Americans with Disabilities Act, as amended (“ADAAA”), one must generally […]

Indiana Amends Wage Claims Act and Wage Payment Statute

On May 5, 2015, Governor Pence signed Indiana House Bill 1469, which amended the damages provision of Indiana’s Wage Claims Act and Indiana’s Wage Payment Statute to make it more favorable for employers. The Wage Claims Act covers former employees, who lost their job involuntarily, who are owed wages from their previous employer. The Wage […]

Social Security Disability and the ADA Amendments Act – No Paradox

In Rutledge v. Illinois Dept. of Human Services, et al (7th Cir. May 5, 2015), the Seventh Circuit reaffirmed the principle that being “disabled” for VA disability benefits or Social Security Disability (SSD) benefits does not automatically mean that a plaintiff is foreclosed from pursuing an employment discrimination claim under the Americans with Disabilities Act, […]