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ATTORNEYS FOR APPELLANTS Gregory F. Zoeller Attorney General of Indiana Thomas M. Fisher Solicitor General of Indiana Steve R. Creason Patricia O. Erdmann David L. Steiner Frances H. Barrow Ashley E. Harwel Heather H. McVeigh Donald G. Banta Laura L. Bowker Deputy Attorneys General Indianapolis, Indiana

ATTORNEYS FOR APPELLEES William A. Hasbrook John F. Kautzman Indianapolis, Indiana Stephen D. Susman Jonathan Bridges Stephen Shackelford, Jr. Dallas, Texas

FILED
Feb 16 2012, 10:24 am
of the supreme court, court of appeals and tax court

CLERK

In the

Indiana Supreme Court
No. 49S02-1106-CV-327 RICHMOND STATE HOSPITAL AND ALL OTHER SIMILARLY SITUATED STATE INSTITUTIONS AND AGENCIES, Appellants (Defendants below), v. PAULA BRATTAIN, ET AL., Appellees (Plaintiffs below).

Appeal from the Marion Superior Court, No. 49D11-0108-CP-1309 The Honorable John F. Hanley, Judge On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0908-CV-00718

February 16, 2012 Per Curiam.

In short summary, for over twenty-five years, the State of Indiana required certain employees to work 40-hour weeks while requiring certain other employees to work only 37.5hour weeks. Though the employees received the same biweekly paycheck, the effect of the State's policy was a disparity in actual hourly wage. The State ended the policy in 1993, but this class action was brought on behalf of those 40-hour employees.

Facts and Procedural History

The Court of Appeals did an exceptional job of detailing the extensive history of this litigation, as well as the history of the State's work-hour policies, Richmond State Hosp. v. Brattain, 935 N.E.2d 212, 217

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Indiana Law