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Tuesday, March 10, 2009

Ind. Courts - State workers lawsuit for back pay during 1973-1993 period begins today

A very brief item today in the Indianapolis Star reports:

In Marion County, the state workers' lawsuit is set for a bench trial before Judge John Hanley. The plaintiffs contend that as many as 15,000 state employees worked 40-hour weeks from 1973 to 1993 but received the same pay as others in similar jobs who worked 37.5 hours.

A settlement agreement announced in August later was abandoned by the state after compensation claims exceeded its $8.5 million threshold, said John Kautzman, the attorney for several plaintiffs.

That means the settlement fell through. The ILB has not seen that reported anywhere.

On Aug. 19, 2008, the ILB had a lengthy entry headed "Indiana OKs $8.5 million payout to some state workers," reporting on a $8.5 million preliminary settlement reached on the day the lawsuit was scheduled to go to tria in Marion Superior Court. There was one caveat, as set out in the Star story from Aug. 19th:

According to Kautzman, if the calculated total amount exceeds $8.5 million, the state can back out of the settlement and resume trial or pay off the remainder. A tentative hearing is scheduled for mid-October.
This ILB entry from Sept. 19, 2008 reported:
Today the ILB received in the mail a "Court-Approved Notice and Claim Form Regarding Brattain, et al. v. Richmond State Hospital, et al." The claim is to be submiited by Nov. 1, 2008 to the Claims Administrator in Milwaukee, WI. If you are a member of the class and wish to object to the terms of the settlement, the notice provides that you must file with the Court no later than Oct. 17, 2008. A website, hoursofworksettlement.com, is listed on the bottom of each page of the mailing.
A notice on that website, when I checked it this morning, reads:
This official website is maintained by the claims administrator retained by and under the supervision of Class Counsel and Defense Counsel in the action entitled Brattain et al. v. Richmond State Hospital et al., Cause No. 49D11-0108-CP-1309 (the “Action”), which is pending in the State of Indiana, Marion Superior Court, Civil Division.

On November 10, 2008, the Defendants exercised their option to terminate the settlement pursuant to the terms of the settlement agreement. Accordingly, no payments will be made under the settlement agreement. The date for trial has been changed from January 20, 2009, to March 10, 2009.

Posted by Marcia Oddi on March 10, 2009 08:37 AM
Posted to Indiana Courts