Sacramento's 3rd District Court of Appeal will hear oral arguments in Gilb v. Chiang this morning at 9:30 a.m. We expect the hearing to run an hour or a little longer.
The appeal is contesting a lower court decision that Controller John Chiang overstepped his authority in 2008 by refusing to comply with Department of Personnel Administration pay letters ordering state workers' pay temporarily withheld to the federal minimum wage. Then-DPA Director Dave Gilb sued Chiang in Sacramento Superior Court and eventually won.
The controller's office circulated a memo to state employee unions earlier this month, speculating on today's hearing and its eventual outcome: "Given the 3rd DCA's right-leaning composition and its past history of adverse rulings relating to labor interests, we should prepare for a ruling which affirms the trial court's decision," the memo says. "If this occurs, the Controller may be ordered to pay minimum wage as early as the July payroll, which is scheduled to be paid on August 1st."
Click here for our June 10 story about the memo. Read the memo by clicking here.
We're planning to attend this morning's hearing. Check back later for our report on the proceedings.
IMAGE: www.yolocourts.ca.gov
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