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