California Labor Law Beef Pits Controller against Governor

Sacramento, CAGovernor Arnold Schwarzenegger's "Terminator" days are far behind him, but he may be wishing for some Hollywood magic to help him battle California's massive fiscal crisis. Ever since the Governor's Office instituted a state-wide furlough system, various groups have argued against the constitutionality and legality of the move. Schwarzenegger's attempt to deduct three days' pay per month from the paychecks of California correctional officers has been decried as a violation of California labor law.

The latest group to challenge the mandated furlough is the California Correctional Peace Officers Association. CCPOA says that so-called "self-directed" furloughs at prisons, which operate 24 hours each day, seven days a week, violate labor laws stipulating that compensation must be paid within a given pay cycle.

The union has maintained that the policy is illegal because workers who lose pay under self-directed furloughs might not be in a position to take the time off for weeks, months or even years, according to the January 13 edition of the Sacramento Bee. The deadline for redeeming furlough time is June 2012.

Alameda County Judge Frank Roesch sided with the CCPOA in December, ruling that if prison guards, sergeants and lieutenants were working a full week but not getting paid for it, the situation constituted an illegality. Roesch opined that accruing furlough days that can never be used violates the California labor code, and directed the administration to pay employees represented by the union "for all hours worked for which furlough credits have not been utilized."

State Controller John Chiang, according to the Bee, announced that as a result of the ruling he was going to restore full pay to the officers in an act of compliance.

The Schwarzenegger Administration cried foul, calling the Controller's move illegal and indicating the Governor's Office would fight the Controller's move in court.

It should be noted that the CCPOA has donated $13,200 to Chiang's election campaigns since 2006, according to CCPOA contribution records on file with the Secretary of State. The Controller's office says the contributions have nothing to do with Chiang's position.