California State Worker Minimum-wage ruling expected Friday

[blackwater]

http://blogs.sacbee.com/the_state_worker/2010/07/no-minimum-wage-ruling-today-d.html


July 15, 2010

Minimum-wage ruling expected Friday

State workers won't have to wait to find out what Sacramento Superior Court Judge Patrick Marlette thinks about Controller John Chiang's arguments against issuing minimum-wage paychecks.

Marlette's court clerk, Barbara Freitas, said that the judge will publish a decision on Friday after an 11 a.m. hearing. Judges sometimes wait days or weeks to render a decision.

Marlette will not issue a tentative ruling ahead of time, however, according to a notice that the court issued today.

Judges will often issue tentative rulings before they hear oral arguments. In January 2009, Marlette issued a tentative ruling in favor of the governor's furlough authority prior to a hearing on the matter. What he heard didn't change his mind, and the tentative ruling became final. Furloughs started a few days later.

[larsonstdoc]

  This will cause some rioting if $40K/yr workers are reduced to $18K/yr.

[phosphene]

this is the state's financially prudent alternative to firing the worthless eaters. this is a good way for california to get all those pesky employees off their payroll. Most of the slaves will just quit once their rate gets reduced to 7 bux. When they quit, california is not required to grant them unemployment benefits.

[blackwater]

  This will cause some rioting if $40K/yr workers are reduced to $18K/yr.

All of the state IT workers I work with (I'm a vendor) make between $70 - $80k a year....

On average...

[larsonstdoc]

  I bet they rule with the state and not with the employees. 

[molarediere]

  I bet they rule with the state and not with the employees. 

The get-together in the ancestral home of the Rothschild banking family will discuss economic and political issues, the organizers said. But Buffett's remark, made in a weekend newspaper interview, that he is looking for a "big deal" in Britain has stolen the agenda.

"We are hunting the elephant... We have got an elephant gun and it's loaded," Buffett told the Sunday Telegraph.

Among those invited to Waddesdon Manor were the likes of James Wolfensohn, president of the World Bank, Jorma Ollila, chief executive of Nokia and De Beers chairman Nicky Oppenheimer.

It's a dead gone train, we got to teach it to learn-Randy Newman

[chris jones]

Keep the peons groveling and on their knees and then kick EM in the head.......

Poverty is one of the elites most precious tools........

[jeremystalked1]

THANK YOU FOR YOUR ASSISTANCE, SLAVES!

Your support during our consolidation of power was much appreciated.

However, you are not needed for the next phase of our operation.  The promises we made during the consolidation phase were, of course, meant to be broken.  It's really your fault for being so gullible as to believe us.

Since everything we do is deceptive - including this announcement - we will create incentives for you to drop dead, instead of killing you off outright at this time; and some of our minions will put up token resistance to our agenda, while others provide the ideological justification for the desired outcome.  You'll be delighted to know that our very brightest scientist-slaves are working on covert, deniable ways to put you out of your misery as quickly as possible, while we're hard at work figuring out how to turn the planned genocide into an extremely profitable operation.

Sincerely,

"F" for Fascism

[America2]

bump

would like to know the results today either way

[phosphene]

we will create incentives for you to drop dead, instead of killing you off outright at this time;

rofl 

[chris jones]

THANK YOU FOR YOUR ASSISTANCE, SLAVES!

Your support during our consolidation of power was much appreciated.

However, you are not needed for the next phase of our operation.  The promises we made during the consolidation phase were, of course, meant to be broken.  It's really your fault for being so gullible as to believe us.

Since everything we do is deceptive - including this announcement - we will create incentives for you to drop dead, instead of killing you off outright at this time; and some of our minions will put up token resistance to our agenda, while others provide the ideological justification for the desired outcome.  You'll be delighted to know that our very brightest scientist-slaves are working on covert, deniable ways to put you out of your misery as quickly as possible, while we're hard at work figuring out how to turn the planned genocide into an extremely profitable operation.

Sincerely,

"F" for Fascism

Hi J.. Thats classic..........

[Geolibertarian]

As far as I'm concerned, this serves most California voters right for mindlessly allowing the banker-owned political establishment -- and the intellectual whores in the corporate "news" media who lovingly serve that establishment -- to manipulate them into obsessing over the gay marriage issue in the midst of an economic crisis.

[molarediere]

The headline reads "Judge says no to minimum wage"

http://cbs13.com/breakingnews/minimum.wage.order.2.1808948.htm

[America2]

The headline reads "Judge says no to minimum wage"

http://cbs13.com/breakingnews/minimum.wage.order.2.1808948.htm

link doesn't work

[America2]

http://news.yahoo.com/s/ap/20100716/ap_on_bi_ge/us_california_budget_minimum_wage_2

 

[PullMyFinger]

link doesn't work

http://cbs13.com/californiapolitics/minimum.wage.order.2.1808948.html
Try this

[larsonstdoc]

As far as I'm concerned, this serves most California voters right for mindlessly allowing the banker-owned political establishment -- and the intellectual whores in the corporate "news" media who lovingly serve that establishment -- to manipulate them into obsessing over the gay marriage issue in the midst of an economic crisis.

  Iowa, which is a small state with a $1 billion dollar deficit, has a similar circumstance.  In this economic crisis, the legislature in the Spring, SPENT 3 WEEKS TO MAKE IT ILLEGAL TO TEXT MESSAGE WHILE DRIVING.  There are many without jobs and they were worried about text-messaging!!!  Text messaging and driving do not mix.

[molarediere]

Court Backs Schwarzenegger On Minimum Wage Pay
Read Court Ruling On Minimum Wages
SACRAMENTO (CBS13) ―


A state appellate court on Friday sided with the Schwarzenegger administration in its attempt to temporarily impose the federal minimum wage on tens of thousands of state workers.

It was not immediately clear how the ruling would affect Gov. Arnold Schwarzenegger's order a day earlier to pay 200,000 state workers the federal minimum of $7.25 an hour as the state wrestles with a budget crisis.

The state controller, who cuts state paychecks, has refused to comply with the order.

Friday's ruling affirms a lower-court decision in favor of the administration in a lawsuit filed two years ago after the governor's first attempt to impose the minimum wage.

The latest ruling from the California 3rd District Court of Appeal in Sacramento concludes that state Controller John Chiang cannot ignore the minimum wage order from the state Department of Personnel Administration.

It says "the DPA has the authority to direct the controller to defer salary payments in excess of federally mandated minimum wages when appropriations for the salaries are lacking due to a budget impasse."

However, Controller Chiang says today's ruling still does not clarify the issue of feasibility.  Chiang maintains his office's computer system cannot perform the change without violating other laws.

"This is not a simple software problem. Reducing pay and then restoring it in a timely manner once a budget is enacted cannot be done without gross violations of law unless and until the State completes its overhaul of the state payroll system and payroll laws are changed," said Chiang.

The Republican governor issued the order this week on the first day of the new fiscal year because the state remains without a budget, as lawmakers remain far apart on ways to close California's $19 billion deficit.

Lynelle Jolley, spokeswoman for Schwarzenegger's personnel department, said the ruling means the controller's office must follow the minimum wage order.

"This underscores the fact that everyone loses when we have a budget impasse. Every day the Legislature fails to deliver a budget costs the state $50 million," Schwarzenegger spokesman Aaron McLear said.

Workers will receive full back pay once a budget is passed. In the meantime, state employees such as Rhonda Smith say they will be hurting. They are just ending more than a year of three-day-a-month furloughs that cut their pay by 14 percent.

"It's a little scary," said Smith, 39, who joined the Department of Water Resources three weeks ago. "I've got bills, rent, insurance, a car. I like to have groceries at home. I don't know what this is going to do."

She said the believed the governor was using state workers as pawns in trying to negotiate a budget deal.

"If I wanted a minimum-wage job, I wouldn't have gone to school and gotten the training. I would have gotten a job at Subway or some place else," Smith said.

Representatives of several state employee unions did not immediately respond to a request for comment.

Schwarzenegger's minimum wage order will not affect all of California's 250,000 government employees. The 37,000 state workers represented by unions that recently negotiated new contracts with the administration will continue to receive their full pay. The contracts, including one with California Highway Patrol officers, contain pay cuts and pension reforms.

Salaried managers who are not paid on an hourly basis would see their pay cut to $455 a week. Doctors and lawyers who work for the state will not be paid at all until a budget is signed because minimum wage laws do not apply to those professions.

Schwarzenegger is pushing for minimum wage based on a 2003 California Supreme Court ruling. In White vs. Davis, the court held that state employees do not have the right to their full salaries if a state budget has not been enacted. At the same time, the state cannot ignore federal wage laws.

The governor issued a similar order during a budget impasse two years ago, but it never took effect because Chiang refused to go along with it. That refusal prompted Schwarzenegger to sue the controller, leading to Friday's ruling.

It was not immediately clear whether Chiang will appeal the latest ruling to the California Supreme Court.

Chiang has maintained that the minimum wage order is illegal, even in the face of court decisions indicating the opposite.

He has taken in more than $190,000 in campaign contributions from labor groups representing state employees and other unionized workers so far in his 2010 re-election bid. Those donations accounted for about 22 percent of all his contributions, according to campaign reports through May 22.

Chiang also has said California's computerized payroll system cannot handle the change, specifically because it cannot cut some checks at full pay and others at minimum wage.

He said his office is working on a system upgrade that will be ready in 2012.

[PullMyFinger]

Aint over yet

The judge did say he will allow the administration's lawsuit to proceed so the courts can sort out whether the controller must pay minimum wage in the future. The next hearing will be July 26.

[America2]

Huh? I thought the courts sided with the state workers, how did it get to the appellete court THIS fast??

Court Backs Schwarzenegger On Minimum Wage Pay
Read Court Ruling On Minimum Wages
SACRAMENTO (CBS13) ―


A state appellate court on Friday sided with the Schwarzenegger administration in its attempt to temporarily impose the federal minimum wage on tens of thousands of state workers.

It was not immediately clear how the ruling would affect Gov. Arnold Schwarzenegger's order a day earlier to pay 200,000 state workers the federal minimum of $7.25 an hour as the state wrestles with a budget crisis.

The state controller, who cuts state paychecks, has refused to comply with the order.

Friday's ruling affirms a lower-court decision in favor of the administration in a lawsuit filed two years ago after the governor's first attempt to impose the minimum wage.

The latest ruling from the California 3rd District Court of Appeal in Sacramento concludes that state Controller John Chiang cannot ignore the minimum wage order from the state Department of Personnel Administration.

It says "the DPA has the authority to direct the controller to defer salary payments in excess of federally mandated minimum wages when appropriations for the salaries are lacking due to a budget impasse."

However, Controller Chiang says today's ruling still does not clarify the issue of feasibility.  Chiang maintains his office's computer system cannot perform the change without violating other laws.

"This is not a simple software problem. Reducing pay and then restoring it in a timely manner once a budget is enacted cannot be done without gross violations of law unless and until the State completes its overhaul of the state payroll system and payroll laws are changed," said Chiang.

The Republican governor issued the order this week on the first day of the new fiscal year because the state remains without a budget, as lawmakers remain far apart on ways to close California's $19 billion deficit.

Lynelle Jolley, spokeswoman for Schwarzenegger's personnel department, said the ruling means the controller's office must follow the minimum wage order.

"This underscores the fact that everyone loses when we have a budget impasse. Every day the Legislature fails to deliver a budget costs the state $50 million," Schwarzenegger spokesman Aaron McLear said.

Workers will receive full back pay once a budget is passed. In the meantime, state employees such as Rhonda Smith say they will be hurting. They are just ending more than a year of three-day-a-month furloughs that cut their pay by 14 percent.

"It's a little scary," said Smith, 39, who joined the Department of Water Resources three weeks ago. "I've got bills, rent, insurance, a car. I like to have groceries at home. I don't know what this is going to do."

She said the believed the governor was using state workers as pawns in trying to negotiate a budget deal.

"If I wanted a minimum-wage job, I wouldn't have gone to school and gotten the training. I would have gotten a job at Subway or some place else," Smith said.

Representatives of several state employee unions did not immediately respond to a request for comment.

Schwarzenegger's minimum wage order will not affect all of California's 250,000 government employees. The 37,000 state workers represented by unions that recently negotiated new contracts with the administration will continue to receive their full pay. The contracts, including one with California Highway Patrol officers, contain pay cuts and pension reforms.

Salaried managers who are not paid on an hourly basis would see their pay cut to $455 a week. Doctors and lawyers who work for the state will not be paid at all until a budget is signed because minimum wage laws do not apply to those professions.

Schwarzenegger is pushing for minimum wage based on a 2003 California Supreme Court ruling. In White vs. Davis, the court held that state employees do not have the right to their full salaries if a state budget has not been enacted. At the same time, the state cannot ignore federal wage laws.

The governor issued a similar order during a budget impasse two years ago, but it never took effect because Chiang refused to go along with it. That refusal prompted Schwarzenegger to sue the controller, leading to Friday's ruling.

It was not immediately clear whether Chiang will appeal the latest ruling to the California Supreme Court.

Chiang has maintained that the minimum wage order is illegal, even in the face of court decisions indicating the opposite.

He has taken in more than $190,000 in campaign contributions from labor groups representing state employees and other unionized workers so far in his 2010 re-election bid. Those donations accounted for about 22 percent of all his contributions, according to campaign reports through May 22.

Chiang also has said California's computerized payroll system cannot handle the change, specifically because it cannot cut some checks at full pay and others at minimum wage.

He said his office is working on a system upgrade that will be ready in 2012.

[molarediere]

CBS News in Sacramento threw out a bogus headline for about a minute.  I get their updates.

[America2]

CBS News in Sacramento threw out a bogus headline for about a minute.  I get their updates.

Wow - if I were a CA state worker, couldn't tell you how my emotions would have went on a roller coaster for a span of a few minutes. May even have had a heart attack.