ILNews

Judge awards $42 million in back pay suit

Back to TopE-mailPrintBookmark and Share

A Marion Superior judge is awarding more than $42.4 million to a class of thousands of former state employees who sued to recover back pay for unequal wages earned between 1973 and 1993.

Issuing a 27-page ruling today in Paula Brattain, et al. v. Richmond State Hospital, et. al., No. 49D11-0108-CP-1309, Marion Superior Judge John Hanley found in favor of four subclasses of plaintiffs who'd sued about 15 years ago and nearly reached a settlement last year.

Their award: $42,422,788.

The class in this suit entails as many as 15,000 former state employees. They wanted compensation for hours they worked but didn't get the same pay as fellow workers - the plaintiffs worked 40 hours a week and were paid the same as those who worked only 37 1/2 hours a week. The case almost reached a settlement last summer for $8.5 million, but that fell through and Judge Hanley held a bench trial in March. Plaintiffs had asked for anywhere between $40 million and $82 million.

Analyzing the four types of "split classes" the plaintiffs fall into depending on where they worked, Judge Hanley awarded $20.9 million to overtime eligible employees within state "merit agencies;" $16.7 million to overtime eligible workers not in merit agencies; $2.7 million to overtime exempt employees in merit agencies; and $1.9 million to overtime exempt employees not at merit agencies.

In his ruling, Judge Hanley noted a recent legislative special session estimate showing Indiana spends approximately $38 million per day every day to operate.

"The Court takes judicial notice of the present economic conditions in this country and the possibility that entry of a judgment in this amount will not be widely appreciated for that reason," the judge wrote. "However, these are political considerations and not legal ones. The parties have had numerous opportunities to resolve this litigation over an extended number of years, in good economic times as well as bad, without the necessity of judicial intervention, and they have failed to do so. This decision today is the necessary result of that failure."

Seeing the ruling today, one of the lead attorneys on the case said he thinks this could be the highest judgment imposed against the state.

"I haven't done the research, but I don't know of any state judgment that's reached this magnitude," said Indianapolis attorney John Kautzman, who worked along with Bill Hasbrook. "This is a tremendous win for the state workers who were discriminated against and have been long overdue to receive this pay. It's been a real journey and test of our patience and determination to keep fighting this for more than two decades. After finally having our day in court, the judge agreed with us."

Kautzman wouldn't comment on the possibility of appeal, but he hopes the state will work to coordinate a payment arrangement for the plaintiffs. He pointed out that "this isn't something that was created by the current administration... we are cognizant of that and don't blame the Daniels administration, but it's now this administration that must rectify the ills of previous administrations."

The Indiana Attorney General's Office is reviewing the ruling and is likely to appeal, according to the agency's public information officer Bryan Corbin.

Look for more on this ruling in the Aug. 5-18, 2009, issue of Indiana Lawyer.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT