Attorney Details
A. Jack Finklea
Practice Concentration
Mr. Finklea counsels clients and litigates disputes concerning both labor and employment matters. He is also a member of the Scopelitis firm's appellate practice team.
Profile
A. Jack Finklea regularly counsels employers on labor matters including compliance with the National Labor Relations Act, reactions to picketing and organizational activity, the defense of unfair labor practice charges, and union avoidance techniques. Mr. Finklea also assists motor carriers through driver whistleblower (STAA) investigations and administrative hearings with OSHA. In employment matters, Mr. Finklea has experience in drafting handbooks and policies, defending discrimination charges and lawsuits, and assisting employers in wage and hour issues, including government audits. Mr. Finklea regularly advises employers on OSHA regulations applicable to their operations and provides counsel during any OSHA investigation or enforcement activity including defending OSHA citations. Mr. Finklea's litigation practice centers on complex class action and collective action lawsuits involving, among other things, attempted reclassification of independent contractors and overtime claims. Mr. Finklea also practices in the appellate arena by spotting and developing issues for treatment by state and federal appellate courts.
Publications
- Scopelitis L & E News: November 2019The Scopelitis Labor & Employment team on making sure your company's fitness/agility tests are legal.
- Scopelitis L & E News: October 2019Scopelitis' Labor & Employment practice on the growing marijuana trend increases employer uncertainty in drug testing and discipline.
- Law Alert: U.S. DOL Issues Final Rule Raising Overtime Exemption Salary Threshold to $35,568Scopelitis on the U.S. DOL’s final regulation on workers’ overtime-exempt status.
- Scopelitis in the News: "Federal Labor Board Ruling Seen as Win for LTL Employers." September 11, 2019. FreightWaves.Scopelitis Partner Jack Finklea on a decision by the NLRB in a dispute involving a passenger transport contractor and a local transit union could benefit major less-than-truckload (LTL) carriers in their bargaining with the International Brotherhood of Teamsters.
- Scopelitis in the News: "Federal Agency Rules Misclassifying Employees is Not a Violation." September 3, 2019. FreightWaves.Scopelitis Partner Jack Finklea in FreightWaves on an NLRB determination regarding trucking companies misclassifying drivers as independent contractors.
- Scopelitis L & E News: August 2019Scopelitis Labor & Employment Practice on action employers should take regarding the DOL opinion letter on sleeper berth time.
- Law Alert: U.S. DOL Opinion: Sleeper Berth Time Spent Off Duty Is Not CompensableAn alert from Scopelitis' Labor & Employment team regarding the DOL's position on sleeper berth time.
- Scopelitis L & E News: July 2019Scopelitis' Labor & Employment Practice on paid leave laws creating tension for transportation industry employers.
- Scopelitis L & E News: May 2019Scopelitis' Labor & Employment Practice on its Sexual Harassment Prevention Training offering
- Law Alert: Prepare Now for September 30, 2019 EEO-1 Pay Data Reporting DeadlineDeadlines and requirements for the EEOC's new pay data reporting requirement have now been set. Read details from the Scopelitis L&E team.
- Scopelitis L & E News: March 2019, Part 2Scopelitis' Labor & Employment Practice with an update on EEO-1 Reporting
- Scopelitis L & E News: March 2019, Part 1Scopelitis Labor & Employment Practice with a note on steering clear of National Labor Relations Act problems
- Scopelitis L & E News: February 2019Scopelitis' Labor & Employment team on attacks on the exempt status of the freight broker position
- Law Alert: NLRB Re-Focuses Its Independent Contractor TestMore on The National Labor Relations Board determination that van drivers franchised with SuperShuttle DFW, Inc., were properly classified as independent contractors rather than employees. Ion organizing or other concerted activity exists.
- Scopelitis L & E News: December 27, 2018Scopelitis' Labor & Employment Practice on Illinois recently becoming the ninth state or district to mandate reimbursement of an employee’s expenses
- Scopelitis L & E News: December 6, 2018From Scopelitis' Labor & Employment Practice on the overtime salary threshold of $23,660 that has been under review by the Department of Labor (“DOL”) since 2016 - still on hold
- Scopelitis L & E News: November 2018Scopelitis' Labor & Employment Practice on OSHA, who has recently provided guidance for safety-minded companies in the form of advice as well as citations issued
- Scopelitis L & E News: October 2018Scopelitis' Labor & Employment Practice on whether or not employer has a legal obligation to allow an employee to bring an animal into the workplace.
- Law Alert: Employers Should Immediately Begin Using New Version of FCRA Summary of RightsRead more on the Consumer Financial Protection Bureau's just released new model “Summary of Your Rights Under the Fair Credit Reporting Act”.
- Scopelitis L & E News: September 2018Scopelitis' Labor & Employment Practice on how a new case from the 7th Circuit (the federal jurisdiction covering Indiana, Illinois and Wisconsin) provides some practical clarity on the phrase “reasonable accommodation”.
- Scopelitis in the News: "Good Faith Under Wage Payment Statute Still Developing." August 22, 2018, Indiana Lawyer.Scopelitis Partner Jack Finklea and Attorney Jim Eckhart in Indiana Lawyer on Indiana's wage deduction statute and liquidated damages/good faith defense when it is violated.
- Law Alert: NLRB Invites Comments On Employee Access to Employer Email for Union Organizing PurposesRead insights from Scopelitis on a notice issued by the NLRB on August 1st regarding invites to file briefs on whether the Board should adhere to, modify, or overrule Purple Communications, Inc., 361 NLRB 1050 (2014).
- Transportation Law Alert: California Bars Inquiries Into Applicants’ Salary HistoryRead Scopelitis' take on California law prohibiting employers from seeking salary history information from applicants for employment.
- Law Alert: ALJ Finds Misclassifying Independent Contractor Drivers Violates the NLRARead Scopelitis' take on the ALJ decision.
- Law Alert: Permanent Injunction Issued on DOL’s Overtime RuleRead more on Scopelitis' take on a Texas judge's final order rejecting the U.S. Department of Labor’s attempt to raise the salary level for “white collar” exemptions from overtime.
- Preferred Venue and R&D Transport
This article first appeared in Volume 3, No. 2 of the Indiana Civil Litigation Review, a publication of the Defense Trial Counsel of Indiana. It appears here with permission of DTCI.