United States Seventh Circuit

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, district court's grant of defendant's motion for summary judgment is affirmed where: 1) 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; and 2) 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.

Appellate Information

• Argued 10/20/2010
• Decided 01/12/2011
• Published 01/12/2011

Judges

• FLAUM

Court

• United States Seventh Circuit

Counsel