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. 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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