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.
On The Road
- COVID-19 Lawsuits and Claims are Increasing Nationwide: Are You Prepared?
Dec 15, 2020, A. Jack Finklea, Airforwarders Association's 2020 Members-Only Webinar SeriesWith growing COVID-19-related lawsuits and regulations, it is particularly crucial for employers to understand the grounds for lawsuits as well as employer obligations in order to best minimize potential COVID-19-related liability. Attorneys Braden Core, Jack Finklea, and Katie Feary-Gardner of the Scopelitis Law Firm discussed both practical and legal considerations that employers should take into account.
Publications
- Transportation Brief: Supreme Court Stays and OSHA Withdraws Vaccine/Testing MandateIt appears that we have arrived at some finality in the on-again-off-again life cycle of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). Given the Court’s determination that OSHA had likely exceeded its authority here, large employers have understandably set aside their immediate plans to implement the ETS vaccine/testing protocols. However, important considerations remain because many carriers continue to face customer vaccination requirements as well as the Canadian vaccination requirement for drivers crossing the border into Canada.
- Law Alert: Supreme Court Stays OSHA’s Vaccine/Testing MandateThe Supreme Court ordered a stay of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court held that Congress had not given OSHA authority to issue such a sweeping regulation addressing a public health concern that was not an occupation-specific risk.
- Transportation Brief: Vaccination Mandates Take ShapeThe federal contractor mandate, the private employer mandate, and rules for land and ferry border crossings have started to clarify how the Biden Administration’s vaccination initiative might impact the transportation industry – although the final force and effect of these rules remains unclear. Read the latest on these ever-evolving rules.
- Law Alert: OSHA Vaccine Mandate DevelopmentsThe Judicial Panel on Multidistrict Litigation held a lottery which determined that the multiple challenges to OSHA's ETS on COVID-19 Vaccination and Testing would be consolidated and heard in the United States Court of Appeals for the Sixth Circuit.
- Law Alert: OSHA ETS on Vaccines and Testing Temporarily StayedThe United States Court of Appeals for the Fifth Circuit issued a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on Vaccines and Testing, which applies to employers with more than 100 employees.
- Law Alert: OSHA Issues Emergency Regulations Requiring Vaccination or Weekly TestingPresident Biden announced an action plan which called for OSHA to draft and issue ETS designed to reduce Covid-19 infection numbers. Specifically, the President has called for private employers with at least 100 employees to ensure either that (1) all employees are vaccinated; or (2) all employees are tested at least weekly.
- Transportation Brief: Spotlight on Investigations and AuditsWhile the transportation industry is largely deregulated, a surprising number of federal, state, and local government agencies write and administer a long—and growing—list of rules affecting transportation providers. These agencies regularly inspect for noncompliance, and they have the power to assess civil penalties for violations, place assets “out of service,” or worse. When the inspectors come calling, it is important to be prepared.
- Scopelitis Labor & Employment News: August 2021: COVID-19 Vaccinations and Return to Work Policies – What are Employers Permitted to Do?
Employers are transitioning employees back to in-person work, which means making decisions regarding workplace expectations related to the COVID-19 vaccination.
- Transportation Brief: The PRO Act – Dropping Barriers for UnionsIn a sea of legislation threatening business interests, the PRO Act or Act stands out as particularly harsh, making it easier for unions to represent workers. With the recent Amazon vote to reject union representation typifying a longer-term trend among workers, Democrats in Congress seek to re-write the rules according to what many have characterized as a union’s wish list. Learn more about the PRO Act and upcoming democratic control of the NLRB.
- Transportation Brief: Coronavirus Paid Leave Expires (Mostly)More than ever, employers must be mindful of their leave obligations. More on a few items to consider as they evaluate leave obligations.
- Scopelitis in the News: "Lawsuit against LTL Carrier Estes May Foreshadow Avalanche of COVID Litigation." December 8, 2020. FreightWaves.Scopelitis Partner Jack Finklea on what FreightWaves says are now believed to be more than 1,200 lawsuits filed by workers against their employers over a COVID-related dispute or claim.
- Transportation Brief: Ongoing Developments with the FLSA Joint Employer Rule
Earlier this year, the US Department of Labor (DOL) implemented a Final Rule providing direction on joint employer liability for federal wage and hour violations. - Scopelitis Labor & Employment News: October 2020The Families First Coronavirus Response Act (FFCRA), passed in the early days of the pandemic, required employers to provide paid sick leave for, among other reasons, employees who needed to stay home to care for a child whose school or place of care closed due to COVID-19. With school closings on the rise again and positive tests causing portions of classes to stay home to quarantine, employers need to prepare for a second wave of leave requests – which may come from employees who have already exhausted their paid leave rights under FFCRA.
- Labor & Employment News: August 2020The NLRB’s Active 2020
- Labor & Employment News: May 2020Return-to-Work Considerations
- 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.