The State Worker

Chronicling civil-service life for California state workers

July 9, 2009
CASE wins: State Fund legal staff no longer furloughed, back pay coming

About 500 State Compensation Insurance Fund employees are immediately off furlough today after a San Francisco Superior Court judge confirmed his tentative ruling that State Compensation Insurance Fund legal staff should not forced to take unpaid days off while a case about the legality of forcing them to take an unpaid day off is on appeal.

California Attorneys, Administrative Law Judges and Hearing Officers in State Employment lawyer Patrick Whalen said that the decision means the 500 State Fund legal staff covered by the order will get full hours and pay this month and beyond and back pay for wages lost to furlough since February.

We confirmed that with State Controller's Office spokesman Jacob Roper.

Judge Peter Busch rendered the decision. It doesn't apply to State Fund employees represented by SEIU Local 1000. The local has another lawsuit seeking to lift furloughs on the 5,000 fund workers it represents.

Here's the pertinent phrase from the court Web site:

Notice Of Motion For Relief from Automatic Stay And Request For Clarification Of Judgment IS GRANTED PURSUANT TO 1110b. THE COURT FINDS PLAINTIFFS HAVE MADE AN ADEQUATE SHOWING OF IRREPARABLE HARM AND LIFTS THE AUTOMATIC STAY OF ITS MANDATORY INJUNCTION RESULTING FROM RESPONDENTS' NOTICE OF APPEAL. PARTIES WENT OUTSIDE THE COURTROOM TO CONFER ON THE CONTENTS OF THE PROPOSED ORDER SUBMITTED BY THE PETITIONER. AFTER AN AGRREMENT WAS REACHED, THE ORDER WAS SIGNED BY THE JUDGE.

Click here to read the order.

For more background on this story, click here.

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About The State Worker

Jon Ortiz The Author

Jon Ortiz launched The State Worker blog and a companion column in 2008 to cover state government from the perspective of California government employees. Every day he filters the news through a single question: "What does this mean for state workers?" Join Ortiz for updates and debate on state pay, benefits, pensions, contracts and jobs. Contact him at (916) 321-1043 and at jortiz@sacbee.com.

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