APPEAL ARGUED AT SUPREME COURT

On May 11, 2005, I argued to the Supreme Court the issues of calculation of damages (half time versus time and one half) and penalty pay, which is 30 day’s pay if you left employment with the State of Oregon and had not yet been paid in this case. The Court gave absolutely no indication how it was going to rule on the damages issue but seemed very receptive to our position on the penalty pay.

If we are successful on that issue, all class members who terminated their employment with the State of Oregon after June of 1995, but before they received their overtime check from the State of Oregon, will be eligible for a month’s severance pay. (There are a couple of statutory exceptions). If we are successful on the half time versus time and one half issue, it is possible that all plaintiffs who have left employment with the State of Oregon will be eligible for penalty pay, until they are properly paid.

Again, there are no time lines for a Court decision. However, I expect it to be sooner than we had to wait for the Court of Appeals.