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Asked and answered… in 2015

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Illinois

* Remember these unusual blame-shifting demands from Gov. Rauner’s legal filing to stop Attorney General Lisa Madigan from lifting a court order that mandated state workers be paid without an appropriation?…

Thus, even if the Attorney General could demonstrate that no specific appropriations existed to pay state employees (a factual matter that the Attorney General simply assumes to be true), the Attorney General would be required (but completely fails) to specify which employees’ pay can be stopped despite the above legal grounds for paying them. […]

In the event that the Court elects to follow this course, the Attorney General should explain which employees she believes must be deprived of a paycheck and which services she believes should no longer be provided to the people of this State.

* Well, take a look at this June 29, 2015 Attorney General Lisa Madigan press release…

ATTORNEY GENERAL MADIGAN PROVIDES CONSTITUTIONAL OFFICERS, LEGISLATIVE LEADERS INFORMATION TO PREPARE FOR BUDGET IMPASSE

Attorney General Lisa Madigan today issued an overview of information her office has provided to Illinois’ constitutional officers and legislative leaders to help prepare for the possibility that a State budget will not be in place for the new fiscal year. Attorney General Madigan issued this guidance in an effort to make sure that all offices and agencies have a legally supported plan in place to ensure that the State provides services critical to the people of Illinois in spite of the budget impasse. […]

Based on the Illinois Constitution, and consistent with previous litigation, the Attorney General has provided the constitutional officers with an overview of the application of the FLSA, so that State offices and agencies can be prepared to comply with that law in time for the payroll deadlines in mid-July. A copy of that guidance is attached.

Additionally, to ensure that all State offices and agencies are prepared, if necessary, to continue providing essential or core government services, the Attorney General also provided the constitutional officers with an overview of the process for identifying essential personnel and services. The Attorney General’s Office has indicated it will work with the respective constitutional offices to ensure that their essential government functions and personnel are appropriately identified and maintained in the interest of the health, safety and welfare of the people of Illinois.

Click here for her legal advice on determining who is an “essential employee.” And click here for her legal advice on how to determine which employees are exempt and non-exempt under the FLSA.

posted by Rich Miller
Thursday, Feb 16, 17 @ 11:15 am

Comments

Rich, you keep wanting to focus on facts. We’re in the Trump era (although Rauner was Trumpian before Trump) where facts are in the eye of the beholder. /s

Comment by Norseman Thursday, Feb 16, 17 @ 11:24 am
What time is the hearing today?

Comment by Anon Thursday, Feb 16, 17 @ 11:26 am
I’m so so sorry for my non-legal mind. Do essentials employees have to work? And they get paid minimum wage. All non essential folks stay home without pay. Right?

Comment by Honeybear Thursday, Feb 16, 17 @ 11:27 am
Oh, this hearing should be something……

Comment by Dee Lay Thursday, Feb 16, 17 @ 11:28 am
If you are deemed ‘essential’ are you entitled to the rught to use an arbitrator?

Comment by Seats Thursday, Feb 16, 17 @ 11:28 am
To anon: i read itnis at 1:30p.m but could be a two day hearing

Comment by Seats Thursday, Feb 16, 17 @ 11:29 am
Thanks for the reminder.

The Governor and his superstar staff can’t read or follow the law and they want someone else do it for them. He has no idea how to lead or govern.

Comment by anonawho Thursday, Feb 16, 17 @ 11:33 am
It’s the AG bringing the motion to stop pay. Since they seem to already know essential employees still need to be working, the burden should be on them to show which employees they believe should not be paid. Because, again, it’s their motion.

Comment by Anonymous Thursday, Feb 16, 17 @ 11:36 am
Honeybear, my understanding is unless you are considered public safety, you are considered exempt and would not receive pay. I also think non-exempt employees would not be required to report as there is no authorization to pay them. Again, just my opinion. Will be interesting to see what the court says.

Comment by August Spies Thursday, Feb 16, 17 @ 11:39 am
Welp, there goes the Rauner Legal Counsel’s “Perry Mason” moment.

“Your Honor! How can we know… What workers ARE… or aren’t… essential? How can the Administration…”

“Your Honor, we have those guidelines for Counsel. Can we approach?”

End Scene.

Comment by Oswego Willy Thursday, Feb 16, 17 @ 11:44 am
Rauner’s legal team has looked so silly on so many occasions (remember trying to hold back fair share deductions?). But I guess that is what happens when your job is to advocate on behalf of silly positions that your client insists on taking.

And the “lawyers” have been so political, certainly more so than previous administrations. Much of what they put out read more like they were written by Goldberg.

Comment by Henry Francis Thursday, Feb 16, 17 @ 11:46 am
Thanks August Spies. That’s what I thought but I can be so so wrong with the legal stuff.

Comment by Honeybear Thursday, Feb 16, 17 @ 11:48 am
Really struggling to predict how this plays out with the strike vote and the upcoming appellate court decision on AFSCME’s motion for a permanent stay on Bruce’s implementation of his last, worst, final offer. Which will move first?

Comment by Anon Thursday, Feb 16, 17 @ 11:53 am
Game time is 1:30 pm Court Room 401 at St. Clair County Circuit Court. I just called over to confirm.

Comment by Tim Thursday, Feb 16, 17 @ 11:59 am
The devil will be in how far to stretch “essential” to “public safety” - for example, are the people who process public assistance pay outs “essential” to maintaining “public safety”? Are drivers’ license facility staff renewing drivers’ licenses so “essential”? How far does it stretch?

Comment by titan Thursday, Feb 16, 17 @ 12:01 pm
Titan, take a look at the second link Rich posted. It gives a pretty good set of examples. I think both examples you give would be exempted as they fall under the administrative exemption category.

Comment by August Spies Thursday, Feb 16, 17 @ 12:29 pm
The problem is if you are exempt, the FLSA would not apply to you. That looks pretty straight forward to me since I am exempt in three categories. If you are exempt, the FLSA requirement to pay you is nada. I estimate at least 3/4 of state employees are exempt since most need a degree of some kind.

But many of those could be considered essential like child protection workers. But can you force someone to work well they have no protection to even be paid minimum wage? The Governor needs to go begging for an appropriation for essential workers and he better have his list made up first.

Comment by A Jack Thursday, Feb 16, 17 @ 12:42 pm
Of course the Governor could also negotiate a contact with AFSCME that states if they keep working, he will see that they are paid. But you are taking the Governor at his word without a legal appropriation. I don’t know how many would take the Governor at his word considering how poisoned the atmosphere has become. But maybe for the good of the people of Illinois, they might stay working with a contract.

Comment by A Jack Thursday, Feb 16, 17 @ 1:11 pm
So what happens to those deemed essential that are paid minimum wage due to no approp? If budget happens and approps restored do they get back pay to cover the difference in pay?

Comment by New State Worker Thursday, Feb 16, 17 @ 1:12 pm
What will happen with federally funded employees? I assume they will continue to be paid, since the legislature passed a full year budget for federal funds.

Comment by ??? Thursday, Feb 16, 17 @ 1:16 pm
+++ - August Spies - Thursday, Feb 16, 17 @ 12:29 pm: Titan, take a look at the second link Rich posted. It gives a pretty good set of examples. I think both examples you give would be exempted as they fall under the administrative exemption category. +++

The folks I cited do not exercise any real discretion, so I don’t think they would be exempt.

Comment by titan Thursday, Feb 16, 17 @ 1:30 pm
New State Worker: if there’s a budget that appropriates funds for employees who worked during a shutdown, then they could be paid. Absent a budget that includes such an appropriation, no.

Comment by Anonymous Thursday, Feb 16, 17 @ 2:00 pm
There are a few agencies with appropriations for FY 17. Will the IOC have to designate workers to process those payrolls as well as pay for non exempt workers and continuing appropriations?

Comment by Old State Worker Thursday, Feb 16, 17 @ 3:01 pm
Any updates from anyone attending the hearing?

Comment by Anon Thursday, Feb 16, 17 @ 3:14 pm
Amanda Vinicky is reporting that the Judge says the temporary injunction paying Illinois employees stays. No government shutdown yet.

Comment by Name Withheld Thursday, Feb 16, 17 @ 3:28 pm