Judicial Workers Safe from Budget Ax (for now)

While other state workers wait on pins and needles to see whether Gov. Arnold Schwarzenegger follows through on a threat to cut their pay to $6.55 an hour, the judiciary’s rank-and-file has been quiet. That’s because the proposed wage-cut order (.pdf) would only affect employees of agencies that Schwarzenegger controls directly. And much as the governor might like to manhandle the courts, they remain safely ensconced in an independent — and full-paying — judiciary.

Constitutional officers would also be exempt from Schwarzenegger’s order, so Attorney General Jerry Brown and his Department of Justice appear to be immune from the wage scare. Not that the governor hasn’t asked Brown and others to share the pain. His proposed order “requests” agencies not under his authority to join in the wage-slashing fun by “implement(ing) similar mitigation measures.” Legal Pad hasn’t heard of any department heads moving to meet Schwarzenegger request, especially not Controller John Chiang, who’s already said he’s not cutting anyone’s paycheck.

That’s not to say that state attorneys won’t be affected if the governor does sign the order. Leaders of CASE, the union representing state lawyers, administrative law judges and deputy attorneys general, have already said they’re ready to take “immediate actions in all available forums” should Schwarzenegger try to cut wages.

—  Cheryl Miller

Comments

[neilalice]

that all sounds about right, but doesn't the decision in White v. Davis mean that the Controller's decision to keep paying without a budget is unlawful? meaning that if anyone with standing sued the Controller, he'd likely have to refrain from paying any state employee, including those in the judiciary or the other constitutional offices?

employees who receive salaries or are otherwise exempt from federal wage law. moreover, would then receive no money until a budget is enacted. not even minimum wage....

[Cheryl Miller]

You raise a good point, neilalice, one that FLSA exempt workers are certainly talking about among themselves. If the governor does try to eliminate pay for salaried employees, look for their unions to file unfair labor practice complaints since most of these workers' groups are in the midst of contract negotiations. Of course, if the Legislature and the governor agree on a budget soon all these messy issues should go away.