WALCZAK v. LABOR WORKS-FT. WAYNE LLC

No. 02S04-1208-PL-497.

983 N.E.2d 1146 (2013)

Brandy L. WALCZAK, Individually and on Behalf of Those Similarly Situated, Appellant (Plaintiff below), v. LABOR WORKS-FORT WAYNE LLC, d/b/a Labor Works, Appellee (Defendant below).

Supreme Court of Indiana.

March 13, 2013.


Attorney(s) appearing for the Case

Philip J. Gibbons, Jr. , Andrew G. Jones , Indianapolis, IN, Attorneys for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Thomas M. Fisher , Solicitor General of Indiana, Heather Hagan McVeigh , Deputy Attorney General, Indianapolis, IN, Rick J. Ruble , Deputy Commissioner of Labor & General Counsel, Indianapolis, IN, Attorneys for Amicus Curiae the State of Indiana.

Michael T. Yates , Ryan S. Ross , Fort Wayne, IN, F. Larkin Fore , Louisville, KY, Attorneys for Appellee.


On Petition to Transfer from the Indiana Court of Appeals, No. 02A04-1109-PL-509

MASSA, Justice.

James Whitcomb Riley (1849-1916), our celebrated "Hoosier Poet," is widely credited with the origination of the Duck Test; as he expressed it, "[w]hen I see a bird that walks like a duck and swims like a duck and quacks like a duck, I call that bird a duck."1 Brandy Walczak successfully applied for employment at Labor Works, received...

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