Wednesday, July 13, 2011
Ind. Decisions - One Indiana decision today from 7th Circuit
In Jill Treat v. Kelley Automotive Group (ND Ind., Lee), a 13-page opinion, Judge Hamilton writes:
Jill and Cody Treat sued their employer, Tom Kelley Buick Pontiac GMC, Inc., and its parent dealership group for failure to pay them their correct wages under Indiana state law. The question presented by this appeal is whether the Treats properly brought their claims under the state’s Wage Payment Statute, Ind. Code § 22-2-5-1 et seq., or whether their claims against Kelley arose under a different Indiana wage recovery law, known as the Wage Claims Statute, Ind. Code § 22-2-9-1 et seq. The district court concluded that the Treats erroneously brought their claim under the Payment Statute rather than the Claims Statute. Because the Treats had not filed their claim according to the procedure required under the Claims Statute, the court granted summary judgment to Kelley. Treat v. Tom Kelley Buick Pontiac GMC, Inc., 710 F. Supp. 2d 762 (N.D. Ind. 2010), and 710 F. Supp. 2d 777 (N.D. Ind. 2010). We agree with the district court and affirm its judgment.
Posted by Marcia Oddi on July 13, 2011 01:40 PM
Posted to Ind. (7th Cir.) Decisions