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 (, 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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues