Yesterday, the California Supreme Court denied CAPS Petition for Review of the “Like Pay Like Work” decision of the Third District Court of Appeal. This means that the appellate decision, which reversed a CAPS victory at the trial court, becomes final. Consequently, the Departments of Finance and Personnel Administration are not under a court order to place funding for the LPLW salaries in the state budget–something CAPS was seeking in the lawsuit. This decision does NOT change the state’s legal obligation to correct this salary inequity, however. DPA’s salary determinations requiring salary parity remain in effect, subject to an appropriation to fund them. In fact, the appellate decision makes clear that DPA still needs to calculate the increased salaries and provide that information to Finance.
Even if Finance declines to place the money in the Governor’s proposed budget, Finance still must provide the amounts needed to fund the salaries to the Legislature. CAPS is actively ascertaining whether DPA and Finance are complying with the law, so that the Legislature is provided the opportunity to fund the salaries or not. CAPS will continue to press the Administration and the Legislature to appropriate funds to correct this on-going salary inequity.
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