Newton v. Schwarzenegger is set for hearing in San Francisco's U.S. District Court today at 10 a.m.
The class-action case, which applies only to members of the California Correctional Peace Officers Association, is challenging furloughs as a violation of the Fair Labor Standards Act. The arguments in this December 2009 complaint include:
- Cutting pay but deferring the furlough time off violates the law because employees aren't paid in full for hours worked within a given pay cycle.
- Time worked on an unpaid furlough day should be calculated in figuring overtime.
- The state hasn't kept adequate payroll records.
The state says in its last brief that CCPOA doesn't have standing to file suit, that there's no material fact establishing that employees haven't been compensated for all hours worked and that the assigning the eventual time off is a form of compensation under federal law.
There's a slew of documents in the case. CCPOA has posted a few on its website, but the rest are only available online through the court's electronic document system, and you have to register and then pay document fees.
Or you can look at the last two briefs that lay out each side's arguments via The State Worker's Scribd embeds:
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