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. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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