The State Worker: New legal twist in minimum wage fight

The State Worker

Chronicling civil-service life for California state workers

July 13, 2010

New legal twist in minimum wage fight

The unions are zeroing in on minimum wage.

California Association of Professional Scientists and the Professional Engineers in California Government on Monday filed a motion to be a party in the minimum wage lawsuit. The two groups would be on Controller John Chiang's side. In an e-mail to The State Worker, Lisa Marie Burcar, spokeswoman for both organizations, summarized the legal questions the lawsuit will probe:

Among the issues before the court are which employees will be working overtime, which requires full payment of salary; which employees are currently paid through an appropriation which doesn't have to wait for the State Budget; whether it is feasible for the Controller to turn paychecks off and on each month; and whether a court should base a ruling on the assumption that the Legislature will continue to fail to pass a State Budget within the Constitutionally-required timelines.

Click here to read the PECG/CAPS motion to intervene.

This link opens the declaration of state worker Wilburn Thompson about how reducing wages to the federal minimum would impact him.

Union lobbyist Ted Toppin's declaration looks more broadly at the hit to PECG and CAPS members. He also notes that some have already worked overtime this month and that many will probably continue to do so through the end of the July pay period. Click here to read the Toppin declaration.

IMAGE: www.yolocourts.ca.gov

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