Indianapolis Employment Law Blog

The use of cryptocurrencies has become increasingly common in Indiana as stories of their increasing values have made headlines. Employers may be tempted to attract employees to their companies with offers of compensation with cryptocurrencies like bitcoin. However, under U.S. federal law, this practice could be considered a wage and hour violation.

The Fair Labor Standards Act (FLSA) governs an employer's right to compensate employers with currencies other than U.S. currency. It allows employers to compensate employees with foreign currencies as long as certain requirements are met when the currency is converted to U.S. dollars, such as compliance with minimum wage standards. Courts have not addressed the issue of whether compensation with cryptocurrencies complies with the FLSA.

Nearly all transgender workers in Indiana and across the United States have suffered on-the-job harassment or discrimination, according to a new report by the U.S. Commission on Civil Rights. As a result, the organization is calling on Congress to pass legislation that explicitly protects LGBT people from discrimination in the workplace.

The commission's report found that 90 percent of transgender workers experienced workplace discrimination. Of those, approximately 25 percent were not allowed to use bathrooms that matched their gender identity or were told to present as a different gender to avoid being fired. Around one-quarter of respondents also had information about their gender identity disclosed by a colleague or supervisor without their permission. More than 70 percent of transgender workers said they dealt with discrimination by hiding their gender identity, delaying their gender transition or quitting their job. The report also found that more than half of all LGBT employees earn less money, are denied promotions, are terminated from their jobs and experience difficulty finding work.

Indiana residents may be surprised to learn that more than one-third of Native Americans report that they have experienced race-based slurs, harassment, violence and discrimination in the workplace, according to a new survey. The survey was administered on behalf of the Harvard T.H. Chan School of Public Health, National Public Radio and the Robert Wood Johnson Foundation.

The survey was intended to explore the personal discrimination experiences of certain groups, including Native Americans, African Americans, Latinos, Asian Americans, white Americans and LGBTQ adults. A sample of 3,453 people were contacted between January 26 and April 9, 2017, 342 of whom were Native American. When reporting personal experiences of discrimination, 35 percent of Native Americans said they had personally experienced slurs, and 39 percent said they had heard offensive or insensitive comments regarding their race or ethnicity. In terms of the workplace, 33 percent of Native Americans reported experiencing race-based discrimination when seeking a promotion or raise, and 31 percent said they had experienced discrimination when applying for jobs.

Allegations of sexual harassment in Hollywood may be getting the attention of the mainstream media at the moment. However, the lessons learned in those cases could be helpful for Indiana employers. Ideally, when a worker reports an incident of sexual harassment, his or her employer will work to resolve the situation properly instead of trying to make it go away. Investigations should be prompt, thorough and properly documented regardless of the nature of the harassment.

Employers should work to take steps to make sure that the problem is dealt with correctly and efficiently. This may involve updating training manuals or harassment policies. It also is important to understand that not every allegation is true or being articulated accurately. Therefore, companies should take their time before suspending an employee based on an accusation that may or may not be proven to be true.