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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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