1099 Employees – No Such Thing

Persons tell me that their employer classified them as a, “1099 Employee.” Let me be very clear about this: THERE IS NO SUCH THING AS A 1099 EMPLOYEE! Someone is either an independent contractor, in which event if that person receives over $600 in a year this amount must be reported via an IRS Form

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Joint Employers

Usually a person has only one employer. However, there are times when someone is the employee of more than one entity. Often this works to the benefit of the multiple employers. For instance, if an employee is injured on the job, worker’s compensation is the exclusive remedy against the employer, and any recovery is capped.

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Equal Pay Act

Received a phone call from a woman who in spite of significant seniority was being paid less than a newly-hired man doing the same job. The Equal Pay Act gives redress to a woman in this situation. If the work is identical, or reasonably so, then an employer must pay a woman what it pays

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Sexual Orientation Discrimination Now Illegal

This post is about a long overdue change in employment law. An adjunct professor at Ivy Tech was reprimanded for kissing her girlfriend. She subsequently was not considered for full-time status in spite of numerous applications. Eventually, Ivy Tech terminated her employment.      Ms. Hively then sued Ivy Tech alleging gender discrimination. The crux of

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Workplace Harassment – Escalation

This post is about as sad an employment case as there is. A supervisor with a history of harassing female subordinates threatened her job if she did not accompany him to an out-of-town wedding, where he killed and raped her. Her family then sued the employer for not adequately supervising him, and retaining him in

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Employment At Will Doctrine

Many persons contact me about being fired. Some I can help, some I cannot. My first question is whether the employee belonged to a union. If the answer is yes, then the Collective Bargaining Agreement (“CBA”) sets out the circumstances under which the employee can be fired. My next question is whether there was a

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Restrictive Employment Contracts – New Ruling, Old Rules

I have reviewed many employment contracts in my career that sought to restrict the right of an employee to work elsewhere. This was in legal news because the Court of Appeals recently ruled on an injunction not entered at Angie’s List’s request against its chief rival, Home Advisors. The trial court failed to enforce the

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Court Protects Whistleblower

The Indiana Court of Appeals ruled that a trial court erred when it dismissed a lawsuit brought by a former state employee who alleged she was fired because she complained about the state paying claims submitted to it without following the mandated procedure.      A 25 year employee of Indiana’s Department of Environmental Management pointed

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Obama’s Overtime Rules Overturned; Now What?

A federal judge in Texas overturned the President’s executive orders modifying certain administrative rules of the Fair Labor Standards Act that were set to take effect 1 December 2016. What is the impact of this ruling? To review, the most important change was raising the annual salary an employer had to pay from $23,738, a

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Should I secretly tape a meeting with my employer?

You have a scheduled meeting with your employer, and it is worrying you. There is a chance you will be fired, or you have some reason to believe that something bad will happen. So you wonder whether you should secretly record the meeting. What are the legalities? Indiana law allows you to record meetings you

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