CCPO vs. Schwarzenegger

Summary

California's governor was authorized to reduce the workweek through a furlough of represented state employees, and the reduction in pay corresponding to the hours not worked did not amount to a modification of established salary ranges in violation of California Government Code s. 19826(b), despite a contention that the furlough would not actually result in fewer hours worked.

In response to California's budget crisis, Governor Arnold Schwarzenegger issued Executive Order S-16-08 implementing a 2-day-per-month involuntary furlough of represented state employees. The represented employees argued that because their offices would not in fact close, they would not in fact work fewer hours, and they would not be able to subsequently use their furlough days before the days expired, and thus the practical effect of the order was a salary reduction with no reduction in hours.