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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

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  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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