Velox Express, Inc. – Labor
National Labor Relations Board
The Board will address under what circumstances, if any, the Board should deem an employer’s act of misclassifying statutory employees as independent contractors a violation of Section 8(a)(1) of the National Labor Relations Act. The NFIB Legal Center’s brief argued that the ALJ’s novel theory of liability—that an employer’s mistaken employee classification is a per se unfair labor practice—represents an unwarranted expansion of the NLRB’s jurisdiction over non-coercive conduct that Congress never intended the NLRA to reach.
Department of Natural Resources v. Whitetail Bluff – Regulatory
Indiana Court of Appeals
Indiana is home to hundreds of small businesses that operate deer and elk hunting preserves. Activists have pressured the state for years to shut them down. Several years ago officials from the Indiana Department of Natural Resources (DNR) passed a rule banning the closed hunting preserves. A circuit court ruled in favor of NFIB member Rodney Bruce finding that DNR overstepped its authority by trying to close the businesses. NFIB is supporting Mr. Bruce in the state’s appeal.
Department of Natural Resources v. Whitetail Bluff – Regulatory
Indiana Supreme Court – opposition to petition for review 3/27/15
Indiana is home to hundreds of small businesses that operate deer and elk hunting preserves. Activists have pressured the state for years to shut them down. Several years ago officials from the Indiana Department of Natural Resources (DNR) passed a rule banning the closed hunting preserves. A circuit court ruled in favor of NFIB member Rodney Stone finding that DNR overstepped its authority by trying to close the businesses. NFIB is supporting Mr. Stone in the state’s appeal.
Hinchy v. Walgreen – Employment Law
Indiana Supreme Court
NFIB Legal Center joined with other business groups in urging the Indiana Supreme Court to reverse a court of appeal decision, which held employers liable for an employee’s conduct that the employer had no control over. The amicus argued that the Court should affirm long-standing common law rules limiting the doctrine of respondent superior. An employer should only be held liable for the actions of an employee if the employee was acting to further the business’ interests, or where the employer has failed to take reasonable actions to control the employee’s conduct.
International Union of Operating Engineers Local 139 v. Schimel – Employment and labor
Seventh Circuit Federal Court of Appeals
Once again, labor unions are challenging the constitutionality of lawfully enacted right to work statutes. NFIB Legal Center files here to defend the Wisconsin Right to Work law. This amicus brief argues first that the Seventh Circuit should affirm an earlier decision, which rejected identical claims against Indiana’s Right to Work law. In addition, the Legal Center provides analysis to help bolster the Court’s rationale in the initial decision. Specifically, the Legal Center argues that the State cannot not violate the Takings Clause by enacting law merely protecting workers from unions demands.
Myers v. Crouse-Hinds – Legal Reform
Indiana Supreme Court
NFIB’s amicus brief argued that Indiana’s well-established statute of repose jurisprudence is constitutionally correct, and enhances the ability of Indiana manufacturers and other businesses to meet the needs of the millions of Hoosiers and other consumers they serve.
United Steel v. Daniels – Defending Right to Work law
Indiana Superior Court
In 2012, Indiana passed a Right to Work law, which protects nonunion employees’ First Amendment rights and allows employees to choose whether to associate with and financially support the Union, without the threat of loss of livelihood. The law has been challenged by several unions.
Zoeller v. Sweeny – Regulatory
Indiana Supreme Court
The State appeals from a trial court decision holding the Indiana Right to Work law unconstitutional. NFIB Legal Center joined with the National Right to Work in an amicus brief defending the Right to Work law. Here the unions claim argue that the right to work law violates an antislavery constitutional principle because unions are required to represent all employees—even non-members—once they enter a collective bargaining agreement.
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If you have a case that impacts small business, please contact us at: 1-800-552-NFIB as we are actively looking for opportunities to weigh in on important issues in this state. NFIB Small Business Legal Center is involved in many cases that impact this state and others; to see our complete list of Supreme Court cases click on Washington, DC on the interactive map.
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