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 Labor & Employment News - August 2019More insight from Scopelitis' L & E 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 Labor & Employment News - July 2019Scopelitis' L & E practice group on paid leave laws creating tension for transportation industry employers.
- Scopelitis Labor & Employment News: Sexual Harassment Prevention Training is Invaluable and a Must in CaliforniaMore on a Sexual Harassment Prevention Training offered by Scopelitis' Labor & Employment practice.
- 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 Labor & Employment News - March 2019, Part 2An update on EEO-1 Reporting
- Scopelitis Labor & Employment News - March 2019, Part 1Updates from Scopelitis' Labor and Employment team.
- 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 Labor & Employment News - December 2018From Scopelitis' L & E Practice, this issue focuses on Illinois recently becoming the ninth state or district to mandate reimbursement of an employee’s expenses
- Scopelitis Labor & Employment News - December 2018From Scopelitis' L & E Practice, this issue focuses 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 Labor & Employment News - November 2018From Scopelitis' L & E Practice, this issue focuses on OSHA who has recently provided guidance for safety-minded companies in the form of advice as well as citations issued
- Scopelitis Labor & Employment News - October 2018From Scopelitis' L & E Practice, this issue focuses on does an employer have 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 Labor & Employment News - September 2018From Scopelitis' L & E Practice, this issue focuses on how a new case from the 7th Circuit (the federal jurisdiction covering Indiana, Illinois and Wisconsin) provides some practical clairty 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.