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Judge Rules No Budget, No Pay For State Workers; Comptroller Will Appeal

Brian Mackey
/
Illinois Public Radio

A Cook County judge has ruled Illinois may not continue to pay state workers in full during an ongoing budget impasse. Now the state comptroller says she will appeal the decision.

Credit Brian Mackey / Illinois Public Radio
/
Illinois Public Radio

Judge Diane Joan Larsen ruled Tuesday that Illinois Comptroller Leslie Munger may pay only some workers who are covered under a federal law.  The U.S. Fair Labor Standards Act requires essential workers to be paid the federal minimum wage plus overtime in the absence of an annual appropriation.

 

But attorneys for Munger say it would take the state as long as a year to determine which employees are "essential" and would be paid under the law and how much.

 

 They say that effectively means no workers will be paid until Gov. Bruce Rauner and Democrats who control the Legislature approve a budget.  Munger issued a statement Tuesday afternoon, saying that her office will file an appeal soon.

I am disappointed and respectfully disagree with today's ruling. We went to Court to ensure that my office can comply with federal law and compensate employees for services they are already providing to the state. Ultimately, that can best be accomplished by paying all workers as scheduled. I am most concerned about the impact this decision will have on our ability to pay those providing services to our most vulnerable residents, and I will continue to seek a remedy with their interests at the forefront of my mind.

 

Attorney General Lisa Madigan had asked the judge to clarify what state government is obligated to pay without an approved budget for the fiscal year that started July 1.

Republican Rep. Raymond Poe, whose district covers the seat of state government, is wary of that decision. He says in 2007, when Illinois had a Democratic governor and Illinois was without a budget, a court allowed all state employees to be paid.

"Seems like we got a different governor, so seems like we don’t want to do that for him,” Poe said. “I hate to say it, but almost sounds like politics, doesn’t' it?"

Democrats say it’s GOP Gov. Bruce Rauner who is being hypocritical. They say he chose the shutdown route by vetoing the budget, including workers' salaries.

They also say it's duplicitous that Rauner --- who has said state employees make too much money --- is now suggesting a law to guarantee workers' paychecks go out, whether there's a budget or not.

Copyright 2015 WNIJ Northern Public Radio