DPA Director Mr. Gilb's letter to Mr Chiang, State Controller, directing him to pay State Employees (CLICK HERE), based upon a formula which does not place State job classifications into any of the three groups Mr. Gilb defines, is cumbersome, nebulous and, if for no other reason than it's incomplete and confused explication, is unenforceable.
I might point out that, even though the California Department of Corrections and Rehabilitation has NOT been exempted from the Governor's Executive Order per Attachment "A", Mr. Gilb has failed to issue any personnel directives to Matthew Cate, CDCR Secretary, directing him to cease and desist ALL OVERTIME for CDCR employees or modifying their job descriptions making them exempt from any "critical nature of the work performed by these departments and programs".
If CDCR employees are still subject to overtime, they are exempt from the minimum wage. This was stated by the California Supreme Court in White v. Davis, a case which Mr. Gilb liberally cites in his opening sentence. Since there has been no directive prohibiting any and all overtime in CDCR, thereby rendering CDCR employees not subject to overtime, the exemption from the imposition of the minimum wage would apply.
Until this is accomplished, Mr. Gilb's letter is incomplete and unenforceable due to the exemption criteria that he establishes in his letter which exempts the agencies listed in Attachment "A", yet omits The California Department of Corrections and Rehabilitation in which, currently, all employees are subject to work overtime.
Either this omission is a mistake or Mr. Gilb has issued a, secret, instruction to Matthew Cate that there will no longer be ANY overtime for employees of the California Department of Corrections and Rehabilitation.
Which is it Mr. Gilb?
For the transcript of White V. Davis, CLICK HERE.
An opinion from The Webmaster
I might point out that, even though the California Department of Corrections and Rehabilitation has NOT been exempted from the Governor's Executive Order per Attachment "A", Mr. Gilb has failed to issue any personnel directives to Matthew Cate, CDCR Secretary, directing him to cease and desist ALL OVERTIME for CDCR employees or modifying their job descriptions making them exempt from any "critical nature of the work performed by these departments and programs".
If CDCR employees are still subject to overtime, they are exempt from the minimum wage. This was stated by the California Supreme Court in White v. Davis, a case which Mr. Gilb liberally cites in his opening sentence. Since there has been no directive prohibiting any and all overtime in CDCR, thereby rendering CDCR employees not subject to overtime, the exemption from the imposition of the minimum wage would apply.
Until this is accomplished, Mr. Gilb's letter is incomplete and unenforceable due to the exemption criteria that he establishes in his letter which exempts the agencies listed in Attachment "A", yet omits The California Department of Corrections and Rehabilitation in which, currently, all employees are subject to work overtime.
Either this omission is a mistake or Mr. Gilb has issued a, secret, instruction to Matthew Cate that there will no longer be ANY overtime for employees of the California Department of Corrections and Rehabilitation.
Which is it Mr. Gilb?
For the transcript of White V. Davis, CLICK HERE.
An opinion from The Webmaster
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