SACRAMENTO, Calif. — A judge Friday declined to make the state controller comply with an order by Gov. Arnold Schwarzenegger to drop state workers’ pay to minimum wage while the state remains without a budget.
Sacramento County Superior Court Judge Patrick Marlette denied the administration’s request for a temporary restraining order that would have forced the controller to pay the federal minimum wage immediately to about 200,000 state workers. Marlette ruled it would cause too much harm to employees.
Deputy Controller Hallye Jordan said the decision means state workers will continue to receive their full wages in July and August.
“We were very pleased that the judge took into consideration our arguments and the impact it would have on hundreds of thousands of state employees who have worked for their checks and expect the full amount,” Jordan said after the ruling.
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 judge indicated he would like to set a full hearing for late August.
Lynelle Jolley, a spokeswoman for Schwarzenegger’s Department of Personnel Administration, said the administration is confident it will ultimately prevail in the courts.
“We also hope that the Legislature is going to pass a budget in the meantime so we aren’t forced to pay our employees minimum wage,” Jolley said.
