ILNews

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. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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