UPDATE:
The 3rd District Court of Appeal has upheld a 17-month-old ruling allowing Gov. Arnold Schwarzenegger to reduce state workers to minimum wage in the absence of a budget.
The court, agreeing with a Sacramento Superior Court ruling, said State Controller John Chiang overstepped his authority by refusing to issue minimum-wage paychecks to state workers during the 2008 budget impasse.
The decision, published just moments ago, comes the day after Gov. Arnold Schwarzenegger's Department of Personnel Administration gave Chiang the same pay reduction instructions the controller rejected two years ago.
Chiang's office has not said whether it will appeal to the state Supreme Court. If the ruling stands and no appeal is filed, Chiang will be hard pressed to refuse to follow Schwarzenegger's minimum wage ruling this year.
The governor's pay order was triggered by lawmakers' failure to enact a budget before the July 1 start of the fiscal year.
With no budget in place that appropriates money for wages, the state can withhold what it pays employees to the least amount allowed by federal standards, which is $7.25 per hour for most of the 240,000 workers subject to the law. The withheld money would be issued once legislators and the governor agreed on a budget with payroll appropriated.
"We ... conclude the DPA has the authority to direct the Controller to defer salary payments in excess of federally-mandated minimum wages when appropriations for the salaries are lacking due to a budget impasse, because the Legislature created DPA to 'manage the nonmerit aspects of the state's personnel system" and vested DPA with jurisdiction with respect to 'the administration of salaries' and 'other personnel-related matters,'" the appellate court said in its decision.
Read more: http://www.sacbee.com/2010/07/02/2865871/court-backs-schwarzenegger-wage.html#ixzz0sYiIBLyY
OP:
State issues memo on furloughs, minimum wage
Department of Personnel Administration Director Debbie Endsley has sent a memo to all California state agencies that lays out the Gov. Arnold Schwarzenegger's position on furloughs (they're over ... for now) and the possibility of employee pay being withheld to minimum wage (he'll do it if there's no budget).
The latter assumes, of course, that the 3rd District Court of Appeals doesn't overturn a lower court ruling that State Controller John Chiang overstepped his authority by refusing to implement a similar wage withholding order during the 2008-09 budget impasse.
Here's the memo, which at least some agencies are forwarding to their workers:
The 3rd District Court of Appeal has upheld a 17-month-old ruling allowing Gov. Arnold Schwarzenegger to reduce state workers to minimum wage in the absence of a budget.
The court, agreeing with a Sacramento Superior Court ruling, said State Controller John Chiang overstepped his authority by refusing to issue minimum-wage paychecks to state workers during the 2008 budget impasse.
The decision, published just moments ago, comes the day after Gov. Arnold Schwarzenegger's Department of Personnel Administration gave Chiang the same pay reduction instructions the controller rejected two years ago.
Chiang's office has not said whether it will appeal to the state Supreme Court. If the ruling stands and no appeal is filed, Chiang will be hard pressed to refuse to follow Schwarzenegger's minimum wage ruling this year.
The governor's pay order was triggered by lawmakers' failure to enact a budget before the July 1 start of the fiscal year.
With no budget in place that appropriates money for wages, the state can withhold what it pays employees to the least amount allowed by federal standards, which is $7.25 per hour for most of the 240,000 workers subject to the law. The withheld money would be issued once legislators and the governor agreed on a budget with payroll appropriated.
"We ... conclude the DPA has the authority to direct the Controller to defer salary payments in excess of federally-mandated minimum wages when appropriations for the salaries are lacking due to a budget impasse, because the Legislature created DPA to 'manage the nonmerit aspects of the state's personnel system" and vested DPA with jurisdiction with respect to 'the administration of salaries' and 'other personnel-related matters,'" the appellate court said in its decision.
Read more: http://www.sacbee.com/2010/07/02/2865871/court-backs-schwarzenegger-wage.html#ixzz0sYiIBLyY
OP:
State issues memo on furloughs, minimum wage
Department of Personnel Administration Director Debbie Endsley has sent a memo to all California state agencies that lays out the Gov. Arnold Schwarzenegger's position on furloughs (they're over ... for now) and the possibility of employee pay being withheld to minimum wage (he'll do it if there's no budget).
The latter assumes, of course, that the 3rd District Court of Appeals doesn't overturn a lower court ruling that State Controller John Chiang overstepped his authority by refusing to implement a similar wage withholding order during the 2008-09 budget impasse.
Here's the memo, which at least some agencies are forwarding to their workers:
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