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July 28, 2008

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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.

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