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.