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State wants employees to continue working during potential shutdown

Wednesday, Apr 13, 2016 - Posted by Rich Miller

* From an Illinois Department of Revenue memo

Q. Will State employees be paid if there is no budget?

A. State employees are expected to be paid in full and on time. As long as the employee continues to work as directed, they will continue to earn a paycheck. However, depending on court rulings, there could be a delay in payment.

So, they’re gonna “direct” people to work without money for… who knows how long if Lisa Madigan wins her expected lawsuit?

They wouldn’t be paid if they were sent home, but that’s asking an awful lot of folks, particularly those who have child care responsibilities, commuting expenses, etc.

       

80 Comments
  1. - Been There - Wednesday, Apr 13, 16 @ 3:02 pm:

    ===they will continue to earn a paycheck===
    They won’t be “earning” anything. They would be rolling the dice that an appropriation would include paying for those days. I would be surprised if more than a small percentage showed up.


  2. - Me too - Wednesday, Apr 13, 16 @ 3:04 pm:

    FLSA might have something to say about that. It’s just minimum wage, but hey, it’s something. Only management should be working for free right?


  3. - burbanite - Wednesday, Apr 13, 16 @ 3:04 pm:

    and if they don’t or can’t afford to?….


  4. - Me too - Wednesday, Apr 13, 16 @ 3:05 pm:

    Been there… there’s an asterisk at the end of the idor statement. The fine print at the bottom says subject to appropriation /s


  5. - Me too - Wednesday, Apr 13, 16 @ 3:07 pm:

    Also, wouldn’t that be a major unfair labor practice? Wage theft if they don’t pay in full, and still wage theft if they work for months with no pay


  6. - SIU Grad - Wednesday, Apr 13, 16 @ 3:07 pm:

    At least if we are sent home, we could try to pick up some temporary work to have some money coming in. My husband and I both work for the state, and the prospect of zero income in our future is causing both of us a great deal of worry. Unless local banks want to offer no interest loans for the full amount of our pay for the duration, I don’t see how most state workers are going to survive.


  7. - relocated - Wednesday, Apr 13, 16 @ 3:07 pm:

    Its one thing for essential employees to show up during a brief gap as they did in previous budget battles. Nobody ever expected the grownups who ran our state to be so irresponsible to let a budget lapse for more than a few days. Working on a promise of future pay in this circumstance would be a tremendous leap of faith.


  8. - Oswego Willy - Wednesday, Apr 13, 16 @ 3:08 pm:

    “Hang in there, state workers!” - Fake Todd Maisch

    Right? Exactly right.


  9. - Give Me A Break - Wednesday, Apr 13, 16 @ 3:11 pm:

    Not sure if this applies in this case, but when furlough days were being used, staff were legally prohibited from working on furlough days as they were in fact not being paid for their services.


  10. - Ezlife - Wednesday, Apr 13, 16 @ 3:12 pm:

    If there is a shut down of Government state employees cannot be on the job. It would be a violation of federal labor laws. That is why there was all the talk about paying federal minimum wage and the state’s payroll system isn’t set up for that.


  11. - Honeybear - Wednesday, Apr 13, 16 @ 3:13 pm:

    Ummm…I don’t think that’s legal. Nope that right there folks is an unfair labor practice. Thanks IDOR you just bolstered our case. See this is the kind of tactic that they tried last time. It will be two weeks until people realize that they aren’t going to get paid. You can’t just “direct” people, let alone union people, to work if they aren’t going to get paid. “Delay” is semantics. How long before they realize that they’ve been dooped. 2 weeks? a month? No folks that ain’t happenin. This was a major administration screwup. They totally just made the case for unfair labor practice. Getting paid is getting paid. Not getting paid is not getting paid. It’s not horseshoes and hand grenades. Close doesn’t count. You can’t direct someone to work on the promise of eventual pay. Totally illegal. Our pay is set up on a bi monthly basis. You miss that. You didn’t pay us. Wow, I can’t believe someone put that in writing.


  12. - @MisterJayEm - Wednesday, Apr 13, 16 @ 3:13 pm:

    Q: Will State employees be paid if there is no budget?

    A: State employees are expected to be paid in full and on time.

    Q: But will State employees be paid if there is no budget?

    A: As long as the employee continues to work as directed, they will continue to earn a paycheck.

    Q: I’m serious — Will State employees be paid if there is no budget?

    A: However, depending on court rulings, there could be a delay in payment.

    Q: Please answer the question — Will State employees be paid if there is no budget?

    A: …

    – MrJM


  13. - Pelonski - Wednesday, Apr 13, 16 @ 3:15 pm:

    Hopefully, the courts address this in any decisions. At the federal level, no appropriation means no working unless the employee is considered vital. Since the State and federal government have similar rules with regards to appropriations, I don’t see why things should be handled any differently in Illinois.

    This makes logical sense because the Governor has no ability to guarantee that employees will get paid by the State. For example, if final budget passed by the General Assembly abolished all funding for the Department of Revenue, the Governor would have no ability to make good on his promise. The same is the case for all the vendors that have been extending the State credit without an appropriation in place.


  14. - Honeybear - Wednesday, Apr 13, 16 @ 3:16 pm:

    That being said, management can do whatever they want. I don’t give a crap. Not like they get stuff done anyway as they collect their superstar salaries.


  15. - What the What - Wednesday, Apr 13, 16 @ 3:18 pm:

    C’mon people. The Governor loves this state so much he hasn’t been drawing paycheck since he took office. Are you saying you don’t love this state?


  16. - Oswego Willy - Wednesday, Apr 13, 16 @ 3:18 pm:

    I’m not too worried.

    Once the Illinois National Guard occupies state government…

    ….

    Ugh.


  17. - Casual observer - Wednesday, Apr 13, 16 @ 3:23 pm:

    I’ve asked this before. How much longer will the courts allow the state to say they don’t know how to label employees “essential”? IIRC, the state has been told by the courts at least twice to figure it out. If this goes to court, and it looks like it will, this will have to be answered.
    I wonder if the AG’s office has made the effort to identify which of her employees are “essential”.


  18. - Stacey - Wednesday, Apr 13, 16 @ 3:28 pm:

    link is broken to Google docs. Can you please fix?


  19. - Pawn - Wednesday, Apr 13, 16 @ 3:29 pm:

    link goes to 404 Error not found


  20. - Delimma - Wednesday, Apr 13, 16 @ 3:31 pm:

    @what the What - when he donates the millions upon millions of other income he receives, then he can talk.


  21. - Skeptic - Wednesday, Apr 13, 16 @ 3:31 pm:

    If memory serves, this came up once during the Edgar administration. There was a budget impasse that held up employee paychecks. We were told to come to work even though we wouldn’t be paid (right away.) But since we would eventually get all the earned income when all the political jockeying was done, it was legal. It was no different from an employer saying “I can’t make payroll today because the armored car didn’t come. Come to work anyway, you’ll get your money tomorrow.”

    Telling us “Show up for work and you might get paid, if there’s money. Maybe.” is totally different.


  22. - Demoralized - Wednesday, Apr 13, 16 @ 3:34 pm:

    I can guarantee you that if you don’t come to work you won’t get paid.

    Everyone is angry. But I’m not willing to cut off my nose to spite my face just to make a point.


  23. - Honeybear - Wednesday, Apr 13, 16 @ 3:34 pm:

    OW that could work. We’ve got a few caseworkers who are ILNG. They can keep it running. lol


  24. - Peters Post - Wednesday, Apr 13, 16 @ 3:36 pm:

    Having faced several potential federal furloughs and one actual furlough the answer to the question about who is considered “essential federal employee”: almost everyone.


  25. - Johnny Pyle Driver - Wednesday, Apr 13, 16 @ 3:39 pm:

    I wonder if I can leverage the no-low interest loan to pay off my higher interest student debt if this thing drags on long enough? lol


  26. - What the What - Wednesday, Apr 13, 16 @ 3:39 pm:

    Dilemma - that was snark (mostly)

    Although I think it does further illustrate the disconnect this Governor has with everyday people. It is easy to play a game of chicken with paychecks at stake when you haven’t had to rely on a paycheck in over 20 years. It is easy to play a game of chicken with things such as public education and social services when you haven’t had to rely (or even think about having to rely) upon such things.

    He just got a standing ovation from business leaders yesterday. Why would he change anything?


  27. - How Ironic - Wednesday, Apr 13, 16 @ 3:42 pm:

    I can see the headlines now “Billionaire Gov Bruce Rauner orders state employees to work for no pay, indefinitely.”


  28. - IllinoisBoi - Wednesday, Apr 13, 16 @ 3:43 pm:

    Working without pay — also known as “slavery.”


  29. - AlfondoGonz - Wednesday, Apr 13, 16 @ 3:44 pm:

    As a state worker who recently could not afford breakfast, I can say with some confidence that a shutdown would not be well received.


  30. - How Ironic - Wednesday, Apr 13, 16 @ 3:48 pm:

    Hi Rich,

    In anticipation of workers being forced to come to work, w/out being paid Bruce has announced a new program for all state employees.

    Each week on the normal pay-period day, Bruce has authorized department managers to issue “Hang In There Vouchers”. These vouchers can be used at all state run stores, for various sundry items.

    These vouchers have no real cash value, but short term sacrifice is painful.

    Best,
    ck!


  31. - Ducky LaMoore - Wednesday, Apr 13, 16 @ 3:48 pm:

    20 years, what the what? How about never.


  32. - Anon221 - Wednesday, Apr 13, 16 @ 3:53 pm:

    Peters Post - Wednesday, Apr 13, 16 @ 3:36 pm:

    Having faced several potential federal furloughs and one actual furlough the answer to the question about who is considered “essential federal employee”: almost everyone.

    *****
    Not necessarily. It all depends on the Agency you work for, and where your pay funds are coming from for Federal. During one of the threatened shutdowns, I was being paid out of emergency funds, and thus was considered essential, but could ONLY work on projects related to those funds. During the last real shutdown, I was working for another Federal agency, and virtually no one was considered essential, including the state director.


  33. - Norseman - Wednesday, Apr 13, 16 @ 3:55 pm:

    If this happens, I would expect AFSCME and other folks to file a federal lawsuit.


  34. - Cindy Lou - Wednesday, Apr 13, 16 @ 3:56 pm:

    Anyone remember the ‘I love you, state employee, and appreciate your hard work. You will be paid’ (not actual wording) Blagojevich sent out ?

    No one questioned it and everybody worked as usual. Difference was we knew a budget was coming very soon, we would be paid blah blah.

    Isn’t so with Rainer. Nope.


  35. - Wensicia - Wednesday, Apr 13, 16 @ 3:58 pm:

    “Shutdown worth pain if it brings change.”


  36. - Cindy Lou - Wednesday, Apr 13, 16 @ 3:59 pm:

    *Rauner…autocorrect #$%@


  37. - JohnnyPyleDriver - Wednesday, Apr 13, 16 @ 4:01 pm:

    Brucie Bucks!


  38. - Anon221 - Wednesday, Apr 13, 16 @ 4:03 pm:

    Remember, Rauner considers himself to be a volunteer. He has stated this at speeches and pressers. So…. is he considered essential or non-essential (heavy snark intended!)???


  39. - AC - Wednesday, Apr 13, 16 @ 4:04 pm:

    Maybe state employees can sell their IOUs to private investors at a discount like I hear some vendors are doing. /s


  40. - Milo - Wednesday, Apr 13, 16 @ 4:05 pm:

    I’m not going to lose much sleep over this.


  41. - cover - Wednesday, Apr 13, 16 @ 4:06 pm:

    = Once the Illinois National Guard occupies state government… =

    next day headline:

    “President Obama Orders Illinois National Guard to Iraq”


  42. - Johnnie F. - Wednesday, Apr 13, 16 @ 4:07 pm:

    Can we at least get a $25 gift card for showing up to work for no pay? Bruce wouldn’t want to treat us worse than his previous “bust-outed” employees.


  43. - Gert Frobe - Wednesday, Apr 13, 16 @ 4:12 pm:

    If Dear Leader wants us to get paid we shouldn’t get paid.


  44. - BBG - Wednesday, Apr 13, 16 @ 4:18 pm:

    Amusing. Yeah, because we know what a standup guy Rauner is. The morale and work environment is really depressing here.


  45. - Joe M - Wednesday, Apr 13, 16 @ 4:18 pm:

    Even if the pay continues, May is the time of year when state and state university employees have their Benefit Choice decisions on health insurance and other benefits. They usually have to decide and turn in the forms by June 1st, for benefits starting July 1st. But the “choices” of such things as health insurance still seem to be in “to be determined” status at this late stage.


  46. - Liberty - Wednesday, Apr 13, 16 @ 4:25 pm:

    EMPLOYMENT
    (820 ILCS 115/) Illinois Wage Payment and Collection Act.
    (820 ILCS 115/1) (from Ch. 48, par. 39m-1)
    Sec. 1. This Act applies to all employers and employees in this State, including employees of units of local government and school districts, but excepting employees of the State or Federal governments.
    (Source: P.A. 84-883.)


  47. - Macombie homey - Wednesday, Apr 13, 16 @ 4:26 pm:

    http://www.wiu.edu/news/newsrelease.php?release_id=13549

    110 more layoffs announced at wiu


  48. - Anonymous - Wednesday, Apr 13, 16 @ 4:29 pm:

    WIU just announced another round of layoffs.


  49. - Northern pike - Wednesday, Apr 13, 16 @ 4:32 pm:

    I bet they would still be required to pay their part of health insurance premium in full. Such a sad state.


  50. - Ihatepolitics - Wednesday, Apr 13, 16 @ 4:32 pm:

    This was put out there 6-7 months ago, not in response to what AG Madigan is potentially doing. Someone is trying to fire up the masses.


  51. - Cindy Lou - Wednesday, Apr 13, 16 @ 4:43 pm:

    @4:32
    “I bet they would still be required to pay their part of health insurance premium in full. Such a sad state. ”

    And pay retroactively to July 1st if Rauner gets his plan . Retrospective was brought up in the COGFA meeting yesterday.


  52. - Mason born - Wednesday, Apr 13, 16 @ 5:02 pm:

    Ihatepolitics

    Do you have anything showing the position has changed since then?


  53. - Mouthy - Wednesday, Apr 13, 16 @ 5:11 pm:

    - Wensicia - Wednesday, Apr 13, 16 @ 3:58 pm:

    “Shutdown worth pain if it brings change.”

    That is such a clever motto. I bet you’d have a lot of fun if you put it on a little sign and hung it around your neck while visiting one of the state employee thirst parlors during “Happy Hour” on a Friday night….


  54. - Me too - Wednesday, Apr 13, 16 @ 5:12 pm:

    I just remembered, Cali had something like this and issued scrip, which banks held. I’m sure the same system is what is referenced in the idor memo. Looks like quite a few banks are participating.


  55. - foster brooks - Wednesday, Apr 13, 16 @ 5:20 pm:

    looks like euchre tournament time at idot


  56. - Ghost - Wednesday, Apr 13, 16 @ 5:28 pm:

    if they work and you dont pay them full salary the. you are diminshing their pension, which is based off if pay, which violates the State constitution


  57. - State Worker THX 1138 - Wednesday, Apr 13, 16 @ 5:29 pm:

    Unfortunately the upper management of many of the “IL Dept of (Insert Department Name Here)” tend to create employee policy and then ask questions later. This is a perfect example.


  58. - blue dog dem - Wednesday, Apr 13, 16 @ 5:36 pm:

    Folks, think about how this plays into swing states. This has neverbeenjust about the Land o Lincoln.


  59. - Long Time Worker - Wednesday, Apr 13, 16 @ 5:59 pm:

    I bet all of the welfare recipients get their checks on time for doing nothing, but let’s just (fill in the blank) over the real workers.


  60. - PENSIONS ARE OFF LIMITS - Wednesday, Apr 13, 16 @ 6:57 pm:

    I’ll show up to work.


  61. - Michelle Flaherty - Wednesday, Apr 13, 16 @ 7:05 pm:

    People doing worth.
    With no contract.
    And no compensation.

    Exactly what Rauner wanted.


  62. - Michelle Flaherty - Wednesday, Apr 13, 16 @ 7:06 pm:

    People doing **work**.
    With no contract.
    And no compensation.

    Exactly what Rauner wanted.


  63. - efudd - Wednesday, Apr 13, 16 @ 7:06 pm:

    It’s time for the GOP in the GA to wise up. Something like this brings out the absolute worst in people. Emotions run high and rhetoric escalates into something much more serious.


  64. - Anonymous - Wednesday, Apr 13, 16 @ 7:07 pm:

    I left a previous job for not paying


  65. - FormerParatrooper - Wednesday, Apr 13, 16 @ 7:35 pm:

    Whether you are Union or non-Union, if you work you should be paid on time, every time and with the agreed pay scale.
    I have seen nothing stating the GA or other elected offices won’t be paid, are they “better” than the State employees who keep the State running?


  66. - Whatever - Wednesday, Apr 13, 16 @ 7:46 pm:

    Ihatepolitics told you the truth. Those Q&As have been on the IDOR internal web site since last summer, and reflect the court orders that were issued then. Those orders have not been overturned and are still in effect. Nothing to see here.


  67. - AnonymousOne - Wednesday, Apr 13, 16 @ 7:50 pm:

    But, geez……aren’t we all better off in Illinois now that Quinn is gone? Aren’t we on the road to an idyllic state? Only public employees are being dragged through hell for the betterment of us all, right? We should all be optimistic that we’re on the road now. Heavy snark.


  68. - Claude Peppercorn - Wednesday, Apr 13, 16 @ 8:28 pm:

    This is old news and has been on many state agency internal web pages for months.


  69. - RNUG - Wednesday, Apr 13, 16 @ 9:01 pm:

    == Those orders have not been overturned and are still in effect. ==

    I believe the general order that pays the employees expires July 1.


  70. - RNUG - Wednesday, Apr 13, 16 @ 9:03 pm:

    == I have seen nothing stating the GA or other elected offices won’t be paid, are they “better” than the State employees who keep the State running? ==

    Unlike state employees, they have a “permanent” continuing appropriation so there is a legal means for them to be paid.


  71. - park - Wednesday, Apr 13, 16 @ 9:09 pm:

    Sorry, folks. LM is supporting the Cook County Dem. organization, and her stepfather/father on this. MJM is elected by 10K + Illinois voters, but expects to run the state. Rauner (ick) was elected state wide. this is a power play, and LM is kind of the victim. She should be gov. right now, but MJM wouldn’t let that happen. It’s his special interests (to whom he is loyal) v. the budget. I’m not expecting anything good.


  72. - Seriously - Wednesday, Apr 13, 16 @ 9:12 pm:

    At the Federal level no appropriation means no payment. It is all about separation of powers and the legislature’s power of the purse. If they don’t apprpriate funds for my pay I cannot work. They cannot ask me to work and I will not work. When things shut down they will get something done quickly. Bypassing the law has caused 10 months of unnecessary pain. Shut it down like the law requires. This is basic civics. Look it up.


  73. - Pandora - Thursday, Apr 14, 16 @ 4:54 am:

    Social service agencies and universities have not been laid for months…yet we are expected to pay or terminate employees while continuing to provide services and comply with the terms of our state contracts. They are now starting the contracting process for FY17.


  74. - Late to the Party - Thursday, Apr 14, 16 @ 7:24 am:

    There have been many occasions of state employees not being paid on time. And not always because of the budget mess. I recall one employee who was being paid with federal dollars and the money was late coming to the state, so the employee did not get paid.


  75. - Me too - Thursday, Apr 14, 16 @ 8:30 am:

    Pandora, while I feel their pain, I’m not sure the guv is the reason they aren’t being “laid”. Best autocorrect fail ever


  76. - Demoralized - Thursday, Apr 14, 16 @ 8:44 am:

    ==Best autocorrect fail ever==

    If there were a Golden Horseshoe Award for that this comment is the winner this year.


  77. - steward - Thursday, Apr 14, 16 @ 8:56 am:

    “Social service agencies and universities have not been laid for months…”

    Once Bruce’s turnaround agenda gets passed he will personally make sure this gets fixed. /s


  78. - Former State Employee - Thursday, Apr 14, 16 @ 9:00 am:

    Another snark. I agree with the comment above. Thank God we got rid of Pat Quinn because things are great. All you Union folks who screamed and spit at PQ at the State Fair, congrats. As the old commercial said, you want it, you got it.


  79. - Pandora - Thursday, Apr 14, 16 @ 10:00 am:

    Oops. The flying finger flew!


  80. - Agency Volunteer - Thursday, Apr 14, 16 @ 2:17 pm:

    Update:
    That section of language has been deleted from the Revenue intranet site as of today.


Sorry, comments for this post are now closed.


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