ILNews

Equal pay lawsuit heads to trial

Jennifer Nelson
January 1, 2008
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A $42 million class action lawsuit involving Indiana state employees is scheduled to go to trial Aug. 19 in Marion Superior Court. The lawsuit was brought by state employees who worked more hours than other state employees in comparable jobs.

In Paula Brattain, et al. v. Richmond State Hospital, et al., No. 49D11-0108-CP-1309, the class seeks compensation from the state for an estimated 15,000 state employees who were required to work a 40-hour week while some employees in similar positions at state offices and institutions received comparable pay for working 37 1/2 hours a week.

According to the complaint filed in February 2002, the State Personnel Director issued a memorandum mandating all employees at certain state institutions were to work 40 hours a week while other employees at certain state offices were to work 37 1/2 hours per week. The plaintiffs allege the difference in working hours lowers the plaintiffs' effective hourly wage in comparison to the employees working less hours, and the plaintiffs' overtime pay is reduced.

The pay disparity existed as early as 1973 and lasted until 1993, when the state corrected the pay disparity and directed all salaries for full-time employees to be based on the 37 1/2 hour week. Because the state didn't offer compensation for those employees who worked 40 hour weeks before 1993, the plaintiffs filed their complaint.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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