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Amorita N. Thomas v. H&R

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ARGUED OCTOBER 20, 2010-

Before FLAUM, RIPPLE, and EVANS, Circuit Judges.

Amorita Thomas (“Thomas”) sued her employer, H&R Block Eastern Enterprises, Inc. (“H&R Block”), under Indiana’s Wage Payment Statute, IND. CODE § 22-2-5-1 et seq. (2010), for paying its end-of-season (“EOS”) compensation more than ten days after it was earned. The district court granted H&R Block’s motion for summary judgment based on a finding that EOS compensation did not constitute “wages” under Illinois statutory law. At issue is whether H&R Block’s EOS compensation is a wage under Indiana law, and thus whether it is subject to the Wage Payment Statute, which requires employers to pay “wages” no more than ten days after they are earned. Both Indiana and federal case law provide guidelines for answering this question. In light of those guidelines, we affirm.

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