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Justices take state employee back-pay case

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The Indiana Supreme Court will hear the case in which past and present state workers were initially granted more than $42 million in damages in their suit to recover back pay. That amount was later reduced by the Indiana Court of Appeals.

On June 3, the justices accepted Richmond State Hospital, et al. v. Paula Brattain, et al., No. 49S02-1106-CV-327, in which Marion Superior Judge John Hanley found in favor of four subclasses of plaintiffs who filed a lawsuit to recover back pay for unequal wages earned between 1973 and 1993. As many as 15,000 past and present state employees were a part of the suit, in which the employees who worked 40 hours a week sued to get back pay because they were paid the same amount as those who only worked 37 and 1/2 hours a week. The judge awarded the plaintiffs $42.4 million in 2009.

The Court of Appeals significantly reduced that award in October 2010, holding that certain employees shouldn’t be able to recover for the time between 1973 and 1993, but are limited to the 10 days before the class-action suit was filed in July 1993 to when the state courts abolished the split class system weeks later in September. The appellate ruling cut the damages for the merit-based employees from nearly $24 million to an estimated couple million dollars. The $18.6 million awarded to non-merit employees was affirmed by the COA.

The intermediate appellate court affirmed its holding in December 2010 on rehearing and clarified the two-month period from which state employees could recover back pay.

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  • Whats going on?
    Just curious what is the status of this lawsuit? Anybody know?
  • waited so long
    We have waited so long, will we see any pay off by the state in my life time? and if so when could we expect it?

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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