The State Worker: State Attorneys' union sues to stop minimum wage

The State Worker

Chronicling civil-service life for California state workers

July 14, 2010

State Attorneys' union sues to stop minimum wage

California 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.

About Comments

Reader comments on Sacbee.com are the opinions of the writer, not The Sacramento Bee. If you see an objectionable comment, click the "report abuse" button below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.

What You Should Know About Comments on Sacbee.com

Sacbee.com is happy to provide a forum for reader interaction, discussion, feedback and reaction to our stories. However, we reserve the right to delete inappropriate comments or ban users who can't play nice. (See our full terms of service here.)

Here are some rules of the road:

• Keep your comments civil. Don't insult one another or the subjects of our articles. If you think a comment violates our guidelines click the "report abuse" button to notify the moderators. Responding to the comment will only encourage bad behavior.

• Don't use profanities, vulgarities or hate speech. This is a general interest news site. Sometimes, there are children present. Don't say anything in a way you wouldn't want your own child to hear.

• Do not attack other users; focus your comments on issues, not individuals.

• Stay on topic. Only post comments relevant to the article at hand. If you want to discuss an issue with a specific user, click on his profile name and send him a direct message.

• Do not copy and paste outside material into the comment box.

• Don't repeat the same comment over and over. We heard you the first time.

• Do not use the commenting system for advertising. That's spam and it isn't allowed.

• Don't use all capital letters. That's akin to yelling and not appreciated by the audience.

You should also know that The Sacramento Bee does not screen comments before they are posted. You are more likely to see inappropriate comments before our staff does, so we ask that you click the "report abuse" button to submit those comments for moderator review. You also may notify us via email at feedback@sacbee.com. Note the headline on which the comment is made and tell us the profile name of the user who made the comment. Remember, comment moderation is subjective. You may find some material objectionable that we won't and vice versa.

If you submit a comment, the user name of your account will appear along with it. Users cannot remove their own comments once they have submitted them, but you may ask our staff to retract one of your comments by sending an email to feedback@sacbee.com. Again, make sure you note the headline on which the comment is made and tell us your profile name.

blog comments powered by Disqus