ILNews

Settlement reached in equal pay suit

Michael W. Hoskins
January 1, 2008
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A day before a multi-million dollar class action suit was supposed to go to trial, attorneys reached a settlement in the state employees' equal pay case that is expected to give every plaintiff what they asked for.

The class - made up of as many as 15,000 former state employees - wanted compensation for hours they worked between 1973 and 1993 and didn't receive equal pay of fellow workers, who had only worked 37 1/2 hours compared to their 40 hours a week. A state appellate ruling in 1993 corrected the pay disparity and directed all full-time employee salaries be based on the lower work-hour total, but the state didn't offer compensation for those who'd worked longer hours before the court ruling.

As a result, this suit - Paula Brattain, et al. v. Richmond State Hospital, et. al. No. 49D11-0108-CP-1309 - came in February 2002. It was set for trial Tuesday.

But after "marathon settlement discussions" on Sunday, attorneys reached a compromise and the court approved a preliminary settlement today, according to Indianapolis plaintiffs' attorney John Kautzman.

The settlement states that all claimants adversely affected would receive 100 percent of their back pay, Kautzman said. A 60-90 day claim period will now begin, where any state worker who believes he or she might have been affected can file a claim to receive damages. Since the pay disparity happened so long ago, the estimated number of potential claimants is nearly impossible to assess, he said - the number could range from five to 15,000 people.

A part of the settlement includes a way for the state to rescind its offer, if the total amount paid comes out to be more than $8.5 million, Kautzman said. In that case, the state could ask that the case proceed to trial.

"Both sides think that it won't be that high, but this is a way to proceed in the case if it's larger than any of us anticipated," he said. "The state could still pony up and pay it, and be done. Or they could ask to go to trial."

Kautzman describes this as a victory on several fronts, since the workers can get complete compensation and, even if the state rescinds the offer, plaintiffs could still have their day in court. He expects it will likely be late October or November before all the claims are submitted and it can be determined who will be paid.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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