New lawsuit seeks to overturn illegal 'self directed' furloughs
A new Local 1000 legal action seeks to force the state to pay full wages to state workers on so-called "self-directed furloughs," including employees of 24-hour care facilities and the Employment Development Department.
The lawsuit, filed in Alameda County Superior Court, seeks full pay for workers who have been subjected to the 14 percent pay cut associated with furloughs but ordered to bank their furlough days. The lawsuit would apply to many workers at prisons, mental health facilities, developmental centers and veterans homes - all residential institutions with 24-hour custody and care.
The suit also applies to the Employment Development Department (EDD), where workers are subject to furloughs even though caseloads have skyrocketed due to a 12 percent state unemployment rate. Many EDD workers are required to work five-day weeks with promises of future days off.
"We think the law is clear that a wage must be paid in the period that it is earned in order to avoid a violation of California Labor Code," said Local 1000 Chief Counsel Paul Harris.
This legal action is the sixth active lawsuit by Local 1000 that seeks to overturn furloughs, including three lawsuits that would apply to all Local 1000-represented workers regardless of department.
The suit also applies to the Employment Development Department (EDD), where workers are subject to furloughs even though caseloads have skyrocketed due to a 12 percent state unemployment rate. Many EDD workers are required to work five-day weeks with promises of future days off.
"We think the law is clear that a wage must be paid in the period that it is earned in order to avoid a violation of California Labor Code," said Local 1000 Chief Counsel Paul Harris.
This legal action is the sixth active lawsuit by Local 1000 that seeks to overturn furloughs, including three lawsuits that would apply to all Local 1000-represented workers regardless of department.
