Furloughs
Official Judgment in CAPS Furlough Lawsuit (08/09/12)
The Alameda Superior Court has now issued the official judgment
in the CAPS furlough lawsuit. Judge Steven Brick ruled in
early June that two furlough days required of state scientists were
not authorized by law. Under Judge Brick’s order, all
rank-and-file scientists are entitled to two days of back pay.
Judge Brick also agreed with CAPS that the furlough of 55 scientists
working on military base remediation at DTSC and the SWRCB was
illegal. Those 55 DTSC and SWRCB state scientists who billed
time under certain narrowly written state statutes are entitled to
anywhere from 2 to 70 days of back pay. Finally, Judge Brick
ruled that scientists working in the “off budget” agencies of the
Prison Industry Authority and the California Earthquake Authority
should not have been furloughed and are entitled to back pay
The state has until early October to appeal the ruling, and likely
will do so to put off a final judgment as long as possible.
Brown Administration Files Final Furlough Brief in Appellate Court
(03/11/13)
Appellant's Reply Brief
State Scientists Entitled
to Back Pay After Judge Declares Furloughs Illegal (06/07/12)
CAPS Press Release
PECG CAPS Superior Court
Furlough Ruling (06/07/12)
Alameda County Superior Court
Court's Tentative Ruling on the
Petition for Writ of Mandate (04/11/12)
Alameda County Superior Court
CAPS Files Brief in Reply to
Governor's Opposition (3/30/12)
to be Argued April 13 in Alameda County Superior Court
Governor Files
Opposition Brief (3/8/12)
to be Argued April 13 in Alameda County Superior Court
CAPS Files Opening Brief (2/3/2012)
to be Argued April 13 in Alameda County Superior Court
Recent News Stories
Court Awards Back Pay for Furloughs to Some California State Workers - 7/8/12 Sacramento Bee
Judge: California Owes Back Pay for Excessive Furloughs - 7/8/12 CBS Sacramento
13,000 California State Workers Win Back Pay in Furlough Lawsuit - 7/7/12 Sacramento Bee
State Supreme Court Okays Furloughs - 10/5/10 Fox News
Schwarzenegger, Lawmakers Claim Some Victories in California Budget Deal - 10/5/10 Sacramento Bee
State High Court Upholds Worker Furloughs - 10/5/10 San Francisco Chronicle
Some Departments Exempt from Furlough Ruling - 10/4/10 KCRA Ch. 3 News
State Court Upholds Schwarzenegger Furloughs - 10/4/10 News 10
For Workers, Good News and Bad News in Furlough Ruling - 10/4/10 Sacramento Bee
Supreme Ct Rules for Schwarzenegger in Furlough Matter - 10/4/10 Sacramento
Bee
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Supreme Court Gives Mixed Ruling in Furlough Case - 10/4/10 CAPS Message
Judge Says Schwarzenegger Can't Impose New Furloughs - 8/9/10
Sac Bee
Read the
Judge's Ruling Blocking New Furloughs
KCRA News Video: Interview with Chris Voight - The California Cash
Crisis and Furlough Debate - 7/29/10 6 a.m.
KTVU News Story/Video: Schwarzenegger Orders More State Worker
Furloughs - 7/28/10 News Story Featuring Matt Austin
Furlough Fridays Return - 7/28/10
CAPS Message
Governor's Executive Order S-12-10 (7/28/10)
CAPS Furlough Case
CAPS
Says No to Minimum Wage - 7/1/10 Press Release
CAPS has responded to the California Supreme Court's request for
additional information in the lawsuit filed by CAPS and other groups
challenging the Governor's initial decision to implement mandatory
unpaid furloughs. CAPS expects oral argument to be scheduled soon
in that case. Read CAPS' response:
CAPS' Response to California Supreme Court Questions (6/24/10)
CAPS' Furlough Case at Supreme Court
The first lawsuit challenging Governor Schwarzenegger's legal right to impose mandatory unpaid furloughs has been called up for hearing by the California Supreme Court. That case was first filed on December 22, 2008 by CAPS and PECG, the state engineers union. As you may recall, Sacramento Superior Court Judge Patrick Marlette ruled that Schwarzenegger DOES have the unilateral right to impose unpaid furloughs during a "fiscal emergency." CAPS immediately appealed, and the case has been before the Third District Court of Appeal ever since. It has been fully briefed, but the Third District hadn't set the case for hearing.
April 22, 2010
Oral argument in the “minimum wage case” will be held before the Third District Court of Appeal on June 21, 2010. This lawsuit stems from the Governor's effort to force State Controller Chiang to pay no more than the federal minimum wage during the budget impasse in 2008.
Appellate Court Issues Stay: Furloughs to Continue for Now
March 30, 2010
In the latest legal twist, the First District Court of Appeal has reinstated furloughs, at least for now. The appellate court has granted a "temporary stay" of Alameda Superior Court Judge Roesch's order, giving itself time to decide whether the furlough program will end for 67 special fund state agencies or whether furloughs will continue while the case is decided on appeal. (This stay was ordered in two of the three pending cases. It is assumed that the court will issue a similar stay in the SEIU case soon. If the court issues a different order in the SEIU case, we'll send an update.) Because a decision will not be made until next week at the earliest, this means that this Friday, April 2, will be a Furlough Friday. To recap, the Alameda trial court had ruled that the furlough of employees at 67 special fund agencies was illegal. The Governor appealed that judgment. Last week the trial court ordered that the furlough program should end immediately for employees at those 67 agencies. The First District Court of Appeal has now granted a temporary stay of that trial court order while it determines whether the writ should be granted (which will determine whether the furlough program will end while the appeal of the judgment is being decided). The Court of Appeal will accept opposition from the parties to the case on or before Wednesday, April 7, 2010, at 10:00 a.m. and will likely make a decision shortly thereafter. CAPS' challenge to the furlough program covering all state scientists is pending before the Third District Court of Appeal where briefing will be complete within three weeks. CAPS' special fund challenge to the furlough program is being appealed to the First District Court of Appeal. CAPS supported the State Supreme Court assuming jurisdiction over these appeals so that a prompt and final resolution of the furlough issues could be reached. The State Supreme Court has not yet ruled on whether it will take the cases directly.
More About Furloughs
Appellate Court Issues Stay - Furloughs to Continue for Now
Alameda County Furlough Ruling (2/26/10)
CAPS Files Final Furlough Brief
CAPS President Velez: Steinberg Should Speak Out to Limit Furloughs