The State Worker

Chronicling civil-service life for California state workers

October 19, 2009
CAPT files holiday lawsuit

Thumbnail image for Gavel.jpgThis just in from the California Association of Psychiatric Technicians:

State-employed Psychiatric Technicians filed a lawsuit today against Governor Arnold Schwarzenegger, claiming his elimination of holidays and holiday pay not only specifically hurts those working in California's round-the-clock facilities, but also breaks a major labor law.

The California Association of Psychiatric Technicians' lawsuit argues Governor Schwarzenegger broke the so-called "Evergreen Law" when he eliminated two state holidays - Lincoln's Birthday and Columbus Day - as well as time-and-a-half pay for other holidays as part of a state budget bill earlier this year.

According to the Evergreen Law (California Government Code Section 3517.8), expired state-employee union contracts remain in effect until either a new contract is agreed upon or the union and state reach impasse. As neither an impasse has been reached nor has a new contract been agreed upon, CAPT argues the governor violated the Evergreen Law as well as its 2006-2008 contract, which includes the two holidays as well as time-and-a-half pay for holiday work.

Read the lawsuit, filed in Sacramento Superior Court, by clicking here. Read the CAPT press release by clicking this link.


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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


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