AFSCME to appeal Cook County decision in state employee pay case

On July 7, Cook County Circuit Court judge Diane Larsen ruled that, in the absence of a state spending plan for Fiscal Year 2016, Illinois state employees should be paid in accordance with the federal Fair Labor Standards Act (only minimum wage and applicable overtime) or not paid at all.

“Public service workers in state government are on the job despite the lack of a state budget for the fiscal year that started July 1," AFSCME Council 31 executive director Roberta Lynch said. "Throughout Illinois they are keeping their communities safe, protecting kids, caring for veterans and people with disabilities, and providing countless other vital public services – and they should be paid for their work on time and in full. We are disappointed by the Cook County judge’s decision to the contrary, and we intend to appeal it.

“In addition, AFSCME and other unions representing state employees have filed a separate case on an impairment of contract claim in St. Clair County, and we hope to appear before a judge in that proceeding this week.”

UPDATE: Despite the state court ruling that state employees can only be paid the minimum wage (above) in the absence of a budget for the current fiscal year, a federal court judge has ordered the Department of Children and Family Services to pay full salaries to all employees whose work is essential to ensuring compliance with a federal BH consent decree.

Previously:

Unions take legal steps to ensure state employees are paid despite budget impasse July 2, 2015

AFSCME statement on Illinois budget and payroll June 29, 2015