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Appeals court hears back-pay arguments

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Indiana Lawyer Rehearing

Attorneys argued before the Indiana Court of Appeals on an appeal of a Marion Superior judge’s award of more than $42 million to a class of thousands of current and former state employees wanting to recover back pay for unequal wages earned between 1973 and 1993.

Technical difficulties at the appellate court initially prevented the Aug. 23 arguments from being broadcast live or by webcast, but typically those arguments can be viewed online at http://mycourts.in.gov/arguments/. The case is Paula Brattain, et al. v. Richmond State Hospital, et al., No. 49A02-0908-CV-718.

The Indiana Attorney General is appealing the July 2009 ruling in which Marion Superior Judge John Hanley awarded the judgment to as many as 12,000 or more past and present state employees who’d fought to recover back pay for unequal wages earned during those two decades. Judge Hanley found in favor of four subclasses of plaintiffs who’d sued about 16 years ago and nearly reached a settlement last year. The judge found that by requiring plaintiffs and others to work 40 hours a week in “split classes” during those years, the state violated the “equal pay for comparable work” regulation and breached its employment contracts with plaintiffs.

Analyzing the four types of “split classes” the plaintiffs fall into depending on where they worked, Judge Hanley awarded $20.9 million to overtime-eligible employees within state “merit agencies;” $16.7 million to overtime-eligible workers not in merit agencies; $2.7 million to overtime-exempt employees in merit agencies; and $1.9 million to overtime-exempt employees not at merit agencies.

In his ruling, Judge Hanley noted a recent legislative special session estimate showing Indiana spends approximately $38 million per day every day to operate.

Judge Hanley stayed his judgment while the state appeals the outcome of the 17-year-old class action.
 

Rehearing to "Judge awards $42.4 million in back pay suit" IL Aug. 5-18, 2009

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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