State Employees' Equal Pay Lawsuit to Go to Trial August 19 in Indianapolis
Equal pay for equal work? Not for 15,000 Indiana employees, forced for years to work more hours than peers in comparable jobs, now seeking compensation from State INDIANAPOLIS, Aug. 15 /PRNewswire-USNewswire/ -- A lawsuit brought by Indiana state employees who worked longer hours than comparable employees without additional pay is scheduled to go to trial on Tuesday, August 19, in Marion Superior Court. The $42 million class action suit, Paula Brattain et al v. Richmond State Hospital et al, (cause no. 49D11-0108-CP-1309) represents an estimated 15,000 state employees at state institutions and offices who were required to work a 40-hour week while employees in similar positions at other state institutions and offices were receiving comparable pay for a 37.5-hour week. Since at least 1973, some state employees were working 40-hour weeks while others in comparable positions received the same pay for 37.5-hour weeks. In 1987, the State Personnel Director mandated that all employees at certain state institutions were to work 40 hours per week, and as a result many employees were required to work an extra 2.5 hours weekly with no increase in pay. At the same time, full-time employees in comparable jobs at other state locations continued to work 37.5 hours per week Employees affected by the change had to either cut their lunch hours or extend their work day to meet the directive. The State of Indiana corrected the pay disparity in 1993 after an appeals court ruled in favor of 35 employees that challenged the State's policy. Following that decision, a new state directive based all salaries for full-time employees on a 37.5-hour week. This class action suit followed. But the State has long resisted compensating employees who worked for years at an effective hourly rate lower than that earned by other state employees in comparable positions. John F. Kautzman of Ruckelshaus Kautzman Blackwell Bemis and Hasbrook, an attorney for the employees, said, "For two decades the State of Indiana failed to meet the most basic standard of fairness -- equal pay for equal work -- and short-changed thousands of employees. Now the State continues to fight tooth and nail to avoid compensating employees who worked for years at a lower rate than peers with the same job description and pay grade. If the State won't rectify this plain injustice, we're confident that the Court will." Class member Dave Larson, Executive Director of the Indiana State Employees Association who worked as a prison guard for the State, said, "While working for the State, I was told by different officers that they only worked 7.5 hours a day. When I found they were being paid the same as I was, I had a hard time believing the State would treat employees unfairly. Even more incredibly, the State has resisted and spent countless hours and tax dollars over the course of fifteen years to avoid fulfilling its contractual and moral responsibility to thousands of employees." SOURCE Ruckelshaus Kautzman Blackwell Bemis and Hasbrook Joy Howell, +1-202-828-7838, or Andrew Sprung, +1-646-792-3739, both for Ruckelshaus Kautzman Blackwell Bemis and Hasbrook
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