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Thomas v. H&R Block E. Enter., Inc., 10-1482

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By FindLaw Staff on January 12, 2011 3:21 PM

Employee's action under the Indiana's Wage Payment Statute

Thomas v. H&R Block E. Enter., Inc., 10-1482, concerned a challenge to the district court's grant of defendant's motion for summary judgment in plaintiff's suit against her employer, H&R Block, under Indiana's Wage Payment Statute, for paying its end-of-season (EOS) compensation more than ten day after it was earned.

In affirming the judgment, the court held that the EOS compensation is not a wage under the Wage Payment Statute as, plaintiff's EOS compensation was dependent on other factors than her efforts since a portion of the compensation was based on the contingency of collecting from customers, the compensation was not directly related to the time she worked, H&R Block paid EOS compensation annually at the end of every tax season and not on a regular periodic basis, and it paid plaintiff an hourly wage in addition to EOS compensation.  The court also held that this case does not warrant certification as this case involves a fact-specific question, especially in light of Indiana case law addressing issues similar to the issue presented in this case.

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