ILNews

Indiana Supreme Court rules on wage statute

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court ruled today that the term "days" in the Wage Payment Statute refers to business days, not calendar days. The opinion also clarifies several school-related aspects relating to the state statute.

A 13-page decision in Tabatha J. Naugle and Sandra M. Cain v. Beech Grove City Schools (http://www.in.gov/judiciary/opinions/pdf/04270701trb.pdf), 49S02-0606-CV-242, affirms a decision by Marion Circuit Judge Ted Sosin.

Aside from the definition of days, justices also unanimously clarify a two-year-old ruling in Brownsburg Community School Corp. v. Natare Corp., 824 N.E.2d 336 (Ind. 2005), in that the language doesn ;t prevent the application of the statute to school corporations, that no school powers statute exists to preclude that application, there is no generic good faith defense to the wage statute, and that there is no requirement within the statute ;s 10-day rule that an employee request or demand wages.

This case stems from a February 2004 suit by Naugle and Cain, who were employed by Beech Grove Schools as custodians during 2003. The school district implemented a new payroll schedule in summer 2003, and the pair filed suit the next year – after both had left their positions – alleging the district had violated the Wage Payment Statute by failing to pay their wages within the time the statute required.

The Court of Appeals ruled that the trial court had wrongly interpreted the word "days," but affirmed under language in the Brownsburg decision that it interpreted to mean school corporations were not employers under the statute.

Now, the Supreme Court has affirmed the trial court ruling in favor of Beech Grove. The Indiana School Boards Association, Indiana State Teachers Association, and the American Federation of State, County and Municipal Employees Council 62 were all amicus curiae parties in this case.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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