Justices deny rehearing in state back-pay case

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Three of the five Indiana Supreme Court justices declined to reconsider their decision to cut the amount of back pay certain state employees could receive.

In Richmond State Hospital and All Other Similarly Situated State Institutions and Agencies v. Paula Brattain, et al., No. 49S02-1106-CV-327, state workers sued to recover back pay for unequal wages earned between 1973 and 1993. The trial court originally awarded the plaintiffs more than $42 million, but the Indiana Court of Appeals significantly reduced that amount in October 2010. That ruling meant that non-merit employees could get around $19 million as compared to the $2 million that merit employees could receive.

In February, the justices reduced the time frame that non-merit employees could recover funds, finding the time period for both merit and non-merit employees should be the same.

Justice Frank Sullivan did not participate in the original decision or in the rehearing decision Tuesday. Justice Mark Massa also didn’t participate in the rehearing decision.



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