Full pay on Aug. 1, judge says
No minimum wage for now, tentative August hearing on order's legality

A judge denied Gov. Schwarzenegger's legal request to immediately impose federal minimum wage on state workers - meaning that members will receive a full pay check on Aug. 1. The legal battle will continue next month.

Sacramento County Superior Court Judge Patrick Marlette said the technical issues raised by state Controller John Chiang merited a full hearing, most likely in August. Chiang has argued that the state's antiquated payroll system made it impossible for him to legally implement the governor's executive order for months.

"The judge's ruling means that 95,000 Local 1000 members and their families will be able to buy food and pay their bills for another month while we continue to work for a long-term solution in the Legislature and at the bargaining table," said Local 1000 President Yvonne Walker.

Marlette did not rule on whether Schwarzenegger has the legal authority to issue such an order cutting state employee pay temporarily to federal minimum wage until there is a state budget in place.

Marlette ordered attorneys to return to court on July 26. At that hearing he is to set a date, likely in August, for a full hearing on the legal issues in the case and the technical details of implementing minimum wage. 

On July 1, Schwarzenegger issued instructions that state worker pay be reduced to federal minimum wage starting with the July pay period this year. The governor then sued Chiang on July 6 to force him to comply. Chiang counter sued, asserting that the governor's order could not be legally implemented.  Chiang presented written declarations from technical experts and executives who oversee the payroll system who all agreed it was impossible to carry out the order right away.