It is with deep sadness that the United States District Court for the Southern District of Indiana announces the death of Magistrate Judge Denise K. LaRue on August 2, 2017. Judge LaRue was appointed to the court on May 11, 2011, and filled a new magistrate judgeship that had been created for the Southern District of Indiana by the Judicial Conference of the United States.

Employers who obtain third-party background checks on applicants or current employees or who use outside counsel or other consultants to perform internal investigations must ensure compliance with the Fair Credit Reporting Act.

Keep up with the happenings: stay up-to-date on section news and events with this quarter's message from the Labor & Employment Law Section chair, Chris Drewry.

The IndyBar has some updates that you may want to share with your section members or colleagues. Please note: some of these opportunities have fast-approaching deadlines.

Under the expanded rule, a business could be found to be a joint employer if it had indirect control, or reserved authority, to control the terms and condition of employment.

The Indiana General Assembly concluded its 2017 Session last month.  This year was a state budget, “long session” year with much of the attention focused on budget, infrastructure, and education matters.  Out of the 1249 bills introduced this Session, the General Assembly passed 270 into law, a few of which touch and concern HR matters.

Refusing to reject the DOL’s 20 percent rule, a federal district court in Florida denied Outback Steakhouse’s motion to dismiss state-law claims by an employee who alleged that the restaurant unlawfully applied the tip credit against the minimum wage paid for “side work” (nontipped) tasks in excess of 20% of the employee’s total working time.

New for 2017: take a look at this video message from section chair Chris Drewry and get an idea of what you can expect from the Labor & Emplyoment Law Section this year.

Chadbourne & Parke is scheduling a vote on whether to oust a partner who filed a $100 million class action claiming the law firm has “a culture of discrimination against female attorneys.”

Because an employer failed to rebut a plaintiff’s declaration that he was twice told a sleep apnea diagnosis would disqualify him for a commercial bus driver job, a reasonable jury could find its stated reason for not hiring him—failure to complete the medical certification process—was pretext for disability discrimination.