Schwarzenegger's Minimum Wage Order Denied
SACRAMENTO, Calif. (KCBS/AP)A judge on Friday declined to force the state controller to comply with an order by Gov. Arnold Schwarzenegger to pay state workers minimum wage to deal with the state budget deficit.
Sacramento County Superior Court Judge Patrick Marlette on Friday denied the administration's request for a temporary restraining order that would force the controller immediately to pay the federal minimum wage to about 200,000 state workers.
He ruled that it would cause too much harm to employees.
A spokeswoman for the governor's Department of Personnel Administration, Lynelle Jolley, said Gov. Schwarzenegger is sympathetic to the judge's position but legally unable to comply.
"We don't think it's fair for state employees to be subject to minimum wage, but the constitution as upheld by the California Supreme Court in 2003 said that without the legislative appropriation, we don't have the legal authority to issue full wages to state employees. It's not a matter of wanting to pay them, it's a matter of law."
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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.
Deputy Controller Hallye Jordan says the decision means state workers will continue to receive their full wages in July and August, since the next pay day comes just a few days before the next court hearing.
