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*** UPDATED x2 - Comments opened *** AG Madigan files motion to appeal with Supreme Court

Monday, Jul 13, 2015 - Posted by Rich Miller

* From the emergency motion for direct appeal

Movants ask this Court to resolve whether, and to what extent, the Illinois Constitution permits the payment of the state employee payroll when the General Assembly and Governor have failed to enact appropriations statutes. At the heart of the matter is the constitutional separation of powers under which the General Assembly and the Governor must take action to enact annual appropriations statutes. Although the appellate court had settled this issue in AFSCME v. Netsch, 216 Ill. App. 3d 566 (4th Dist. 1991), holding that the Appropriations Clause prohibits the payment of the state eniployee payroll without an appropriation, the Circuit Court of St. Clair County has declined to follow that precedent, necessitating this Court’s intervention. This Court should permit direct appeal pursuant to Rule 302(b) from the conflicting temporary restraining orders entered by two circuit courts in this matter of great public importance raising constitutional questions that affect the core of the government’s operation.

Click here to read it all.

*** UPDATE *** From the AG’s office…

“We absolutely want State employees to be paid their full wages. But we must follow the Illinois Constitution. The law is clear: the State cannot legally pay all employees their full paychecks without a budget. Because there are now conflicting court orders on this critical constitutional issue, we have asked the Illinois Supreme Court to take the appeals in the cases and resolve them. The Court can provide important guidance on what the Constitution allows when the Governor and Legislature have failed to act. Ultimately, as we have repeatedly said, the only way to fully resolve this unfortunate and damaging situation is for the Governor and the Legislature to do their jobs and enact a budget.”

* She also filed two other things today…

* Appeal of St. Clair County ruling to appellate court

* Request to assert validity of Cook County TRO with appellate court

  55 Comments      


*** UPDATED x1 - Comments opened *** Munger completes payroll processing

Monday, Jul 13, 2015 - Posted by Rich Miller

* Press release…

Illinois Comptroller Leslie Geissler Munger on Monday announced that her office has finished processing payroll for July 15, ensuring that all state employees will receive their scheduled paychecks without interruption.

The action comes after a St. Clair County Court last week granted Munger’s request to pay all state employees in order to comply with the federal Fair Labor Standards Act and avoid potential fines totaling three times the amount of missed payrolls.

“Paying all state employees is the right, legal, and fiscally responsible thing to do and I appreciate the Court’s authorization to move forward,” Munger said. “We are simply compensating workers for services they are already providing the state and ensuring that we are in compliance with federal law. To do otherwise would not only cause hardship to tens of thousands of employees and their families, but also make the state vulnerable to staggering penalties that we cannot afford.”

The Fair Labor Standards Act requires the state pay “covered” employees at minimum wage or face fines from the federal government. However, Illinois’ antiquated payroll systems make it impossible to swiftly determine which of the state’s 65,000 employees fall under the designation. Even when the respective employees are identified, the antiquated systems require Comptroller’s Office personnel to manually enter tens of thousands of reductions in pay rate and corresponding changes in deductions and benefits.

Given those realities, Munger and the Governor’s Office of Central Management Services last week asked the Court to allow the state to run full payroll to ensure compliance with the federal law. A Cook County Court initially directed the state to pay only minimum wage for “covered” employees but that decision was later stayed by an Appellate Court. On Thursday, a St. Clair County Court granted Munger’s request to run full payroll, giving her the Court Order she needed to legally move forward.

“While the legal process will continue to play out, I am confident that the Court will ultimately see that paying all state employees is the best and only way to protect the state from significant federal fines,” Munger said. “At the same time, it provides welcome relief to workers across the state, including those on the front line in serving our communities and most vulnerable residents.”

  39 Comments      


« NEWER POSTS PREVIOUS POSTS »
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* AG Raoul lays out extensive defense of state immigration laws
* Intoxicating Hemp: No safety? No thanks!
* USDOJ wants to join challenge to Illinois law that requires nonprofits to disclose demographics of boards and officers
* It’s just a bill
* As Chicago continues to look the other way, Decatur city council bans sweepstakes machines
* Illinois Hospitals Are Achieving Nursing Excellence Through ANCC Magnet Program
* Isabel’s morning briefing
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