Like Pay for Like Work Lawsuit

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Like Pay for Like Work Decision Issued
May 25, 2011

Earlier today, the 3rd District Court of Appeal issued a written decision in the CAPS Like Pay Like Work case. This is the latest ruling in the ongoing CAPS effort to require the state to abide by its own administrative ruling, one that would increase salaries to certain supervisory state scientists under the state law that requires like pay for like work.

Today's appellate decision unfortunately reverses a part of the trial court judgment which was in favor of CAPS. It finds that Finance is not required to propose funding for salary increases in the Governor's proposed budget. The trial court had found that Finance and the Department of Personnel Administration have a duty to present the funding for salary increases in the proposed state budget. In spite of the reversal by the Appellate Court, the trial court's decision concerning CAPS underlying claim of a legal right to salary equity (subject to an appropriation to fund the increase) remains undisturbed.

Although we are disappointed by the appellate court ruling, the decision confirms what the DPA already determined: salaries should be increased, and that state law already requires this information to be submitted to the Legislature during the budget process. Specifically, the Appellate Court says at page 11 of the decision:

"In addition, section 13337, subdivision (f), requires Finance to submit to the committees in the Assembly and Senate which consider appropriations and to the Joint Legislative Budget Committee 'copies of budget materials submitted to it' by state agencies for Finance's approval. Thus, the Legislature will be informed of the need for additional appropriations to fund adjusted salaries without the trial court having to expand section 19826's mandate beyond the statute's express language."

CAPS is evaluating the decision and options. However, the decision makes clear that it is now up to the Legislature and the Brown Administration to appropriate the funds to implement the DPA administrative ruling. CAPS will continue to push the Brown Administration and legislature to fund the increased salaries, with retroactivity.

The full decision can be read here: http://www.capsscientists.org/Lawsuits/LPLW_decision.pdf

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Finance's Reply Brief (8/13/10)

CAPS Brief for Court of Appeal (7/26/10)

CAPS v. DPA, Finance (Like Pay/Like Work)

In November 2006, CAPS challenged the salary ranges for 14 supervisory scientist classifications claiming that the pay violated the principle that “like salaries shall be paid for comparable duties and responsibilities.” The quasi-legislative challenge was heard before the DPA through eight days of hearing. In an April 2008 administrative decision issued by DPA, CAPS prevailed in full. CAPS proceeded to court to enforce the decision, seeking to have the salaries paid. The court issued a writ commanding DPA and the Department of Finance to present the funding needed to pay the increased salaries to the Legislature for its consideration. Finance has appealed the decision; the DPA has not. Finance's appeal will make its way through the appellate process over the next several months. DPA will be expected to comply with the decision as the appeal proceeds. Though DPA did not appeal the court decision, it is now scheduling audits to review staffing and recruitment practices departments impacted by the LPLW efforts. CAPS is tracking the progress of this audit to ensure the outcome does not negatively affect this victory. What that means won’t be known until the Governor issues his draft budget for 2010-11. Regardless, CAPS will continue to push for payment as quickly as possible with full retroactivity.

Read Judge Connelly’s decision here