The State Worker

Chronicling civil-service life for California state workers

July 14, 2010
State Attorneys' union sues to stop minimum wage

100609 gavel.jpgCalifornia Attorneys, Administrative Law Judges and Hearing Officers in State Employment have sued State Controller John Chiang and State Compensation Insurance Fund to keep the controller from implementing minimum wage.

In a letter to members, CASE says it filed its complaint in San Francisco Superior Court on Wednesday to challenge the legality of the governor's pay instructions on several points:

(I)t seeks to exempt from its coverage those bargaining units that have already reached tentative agreements with the administration, the fact that the pay letter violates principles of equal protection, and the fact that the pay letter fails to exempt employees paid out of continuously appropriated funds (like those CASE members at State Fund), both of which are in direct contravention of the California Supreme Court's decision in White v. Davis (2003) 30 Cal.4th 528. We believe our lawsuit raises the best legal theories to protect all CASE members from the threat of reduced or no wages.

Click here to read the CASE e-mail to members.
This link opens the CASE complaint.
Open the declaration of CASE President Peter Flores Jr. by clicking here.
Clicking here opens CASE's Points and Authorities.

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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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