Walczak v. Labor Works – Fort Wayne LLC

Plaintiff successfully applied for employment at Labor Works, received job assignments an paychecks, and was never fired or laid off. Plaintiff later filed a class action lawsuit against Labor Works under the Indiana Wage Payment Act seeking to recover unpaid wages. Labor Works moved for summary judgment, arguing that day laborers like Plaintiff were involuntarily separated from the payroll at the end of every shift and thus were required to proceed under the Wage Claims Act. The trial court granted Labor Works's motion and dismissed Plaintiff's claim. The Supreme Court reversed, holding that because Plaintiff had a reasonable expectation of continuing to receive job assignments from Labor Works on the day she filed her claim, she was not separated from the payroll for the purpose of the Wage Claims Act, and therefore, Plaintiff could proceed with her claim under the Wage Payment Act. View "Walczak v. Labor Works - Fort Wayne LLC" on Justia Law