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Former Eiteljorg director suing museum for overtime pay

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A former merchandising director of the Eiteljorg Museum of American Indians and Western Art is suing the downtown Indianapolis museum for allegedly failing to pay her for working more than 1,000 hours of overtime.

Judy McElfresh, who lives in Plainfield, filed the lawsuit in Marion Superior Court, claiming the Eiteljorg violated the Fair Labor Standards and Equal Pay acts.

Besides not being compensated for overtime, McElfresh charges in her complaint that the museum paid her less than male employees earned for similar work.

“Judy contends that she was not paid commensurate as other males in director positions,” said her attorney, Mark Waterfill, with the Indianapolis office of Cleveland-based law firm Benesch.

McElfresh is seeking at least $75,000 in damages from a jury.

She claims in her suit that the museum should not have considered her an overtime-exempt employee because she primarily helped customers and stocked shelves at the gift shop.

Instead of being paid for overtime, the Eiteljorg compensated her with “comp” and “flex” time, McElfresh alleges.

The 1,025 hours of overtime McElfresh claims she worked without being paid equates to more than two dozen 40-hour work weeks.

McElfresh is seeking compensation of “time and-one-half” her regular hourly rate. She worked as director of merchandising for four years before being terminated in May of this year.

A spokesman for the museum said it doesn’t comment on personnel issues.

Also named as defendants in the suit are John Vanausdall, president and CEO of the museum; Martha Hill, vice president of programming and visitor experience; and Susan Lewis, vice president of administration and chief financial officer.

McElfresh filed her suit Aug. 15.
 

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  1. Now if he'd just stay there...

  2. Daniel - what about the many US citizens who do NOT follow what the Bible teaches? The Hindus, Jews, Muslims and others who are all American citizens entitled to all rights as Americans?? This issue has NOTHING to do with "What the Bible says..." Keep all Churches separate from State! Pence's ongoing idiocy continues to make Indiana look like a backwards, homophobic state in the eyes of our nation. Can't we move on to bigger issues - like educating our kids?

  3. 1. IBJ should link to the referenced report. We are in the age of electronic media...not sharing information is lazy. Here is a link http://www.in.gov/gov/files/Blue_Ribbon_Panel_Report_July_9_2014.pdf 2. The article should provide more clarity about the make-up of this panel. The commenters are making this item out to be partisan, it does not appear the panel is partisan. Here is a list of the panel which appears to be balanced with different SME to add different perspectives http://www.in.gov/activecalendar/EventList.aspx?view=EventDetails&eventidn=138116?formation_id=189603 3. It suggests a by-pass, I do not see where this report suggests another "loop". 4. Henry, based on your kneejerk reaction, we would be better off if you moved to another state unless your post was meant as sarcasm in which case I say Well Done. 5. The article and report actually indicates need to improve rail and port infrastructure in direct contradiction to Shayla commentary. Specifically, recommendation is to consider passenger rail projects... 6. People have a voice with their elected officials. These are suggestions and do not represent "crony capitalism", etc. The report needs to be analyzed and the legislature can decide on priorities and spending. Don't like it, then vote in a new legislature but quit artificially creating issues where there are none! People need to sift through the politics and provide constructive criticism to the process rather than making uninformed comments in a public forum based on misinformation. IBJ should work harder to correct the record in these forums when blatant errors or misrepresentations are made.

  4. Joe ... Marriage is defined in the Bible ... it is mentioned in the Bible often. Marriage is not mentioned once in the US or Indiana Constitution ...

  5. Daniel - Educate me please: what does the Bible have to do with laws? If the government wasn't in the business of marriage to begin with, then it wouldn't have to "define" marriage at all. Marriage could be left as a personal, religious, or otherwise unregulated action, with no ties to taxes, legal status, etc. Then people could marry whomever they want, and all this silliness would go away. Remember to vote Libertarian in November.

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