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California: Guard Union Members Not Entitled to Back Pay for Furloughed Days
Relying on intervening California Supreme Court authority, viz., Professional Engineers in California Government v. Schwarzenegger (2010) 50 Cal.4th 989, the Court of Appeal held that, in enacting revisions to the 2008 Budget Act, and later the 2009 Budget Act, the Legislature in effect retroactively validated the Governor's furlough program by reducing the funds appropriated to both CDCR and ME. The Court acknowledged that the furlough program resulted in a reduction of CCPOA members' pay (by approximately 13%), but noted, consistent with the reasoning of Professional Engineers, that such a reduction in state-employee compensation was within the Legislature's authority to effectuate.
Responding to CCPOA's argument that its members were forced to work without any compensation, in violation of minimum-wage laws, the Court held that "furlough days are a species of deferred compensation, a concept well-embedded in the State employer-employee matrix." See: Brown v. Superior Court (CCPOA), 199 Cal.App.4th 971 (2011).
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Related legal case
Brown v. Superior Court (CCPOA)
|Cite||199 Cal.App.4th 971 (2011)|
|Level||State Court of Appeals|