ILNews

Settlement reached in equal pay suit

Michael W. Hoskins
January 1, 2008
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A day before a multi-million dollar class action suit was supposed to go to trial, attorneys reached a settlement in the state employees' equal pay case that is expected to give every plaintiff what they asked for.

The class - made up of as many as 15,000 former state employees - wanted compensation for hours they worked between 1973 and 1993 and didn't receive equal pay of fellow workers, who had only worked 37 1/2 hours compared to their 40 hours a week. A state appellate ruling in 1993 corrected the pay disparity and directed all full-time employee salaries be based on the lower work-hour total, but the state didn't offer compensation for those who'd worked longer hours before the court ruling.

As a result, this suit - Paula Brattain, et al. v. Richmond State Hospital, et. al. No. 49D11-0108-CP-1309 - came in February 2002. It was set for trial Tuesday.

But after "marathon settlement discussions" on Sunday, attorneys reached a compromise and the court approved a preliminary settlement today, according to Indianapolis plaintiffs' attorney John Kautzman.

The settlement states that all claimants adversely affected would receive 100 percent of their back pay, Kautzman said. A 60-90 day claim period will now begin, where any state worker who believes he or she might have been affected can file a claim to receive damages. Since the pay disparity happened so long ago, the estimated number of potential claimants is nearly impossible to assess, he said - the number could range from five to 15,000 people.

A part of the settlement includes a way for the state to rescind its offer, if the total amount paid comes out to be more than $8.5 million, Kautzman said. In that case, the state could ask that the case proceed to trial.

"Both sides think that it won't be that high, but this is a way to proceed in the case if it's larger than any of us anticipated," he said. "The state could still pony up and pay it, and be done. Or they could ask to go to trial."

Kautzman describes this as a victory on several fronts, since the workers can get complete compensation and, even if the state rescinds the offer, plaintiffs could still have their day in court. He expects it will likely be late October or November before all the claims are submitted and it can be determined who will be paid.
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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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