Federal Appeals Court Protects California Home Care Pay
Labor Desk
July 14, 2009
SEIU deals Governor's wage cuts for home care workers one more legal blow.
OAKLAND - California home care recipients, care providers and their union, SEIU, are hailing another legal victory in their campaign to prevent the Schwarzenegger Administration from cutting In-Home Supportive Services (IHSS) wages.
The ruling by the 9th Circuit Court of Appeals denied an emergency stay request by the State, effectively upholding the June 25 ruling by District Court Judge Claudia Wilken that prevented the State from implementing its plans to cut funding for home care wages. This latest ruling comes on the heels of another legal victory for SEIU, home care workers and recipients yesterday.
"The law is on the side of home care workers and the seniors and people with disabilities who rely daily on this lifeline program, and this is just one more step in protecting them from the governor's budget axe," said Dave Regan, SEIU Executive Vice President and Trustee of SEIU-UHW. "We are confident that we will continue to win in court."
Based on the original lawsuit filed by Service Employees International Union (SEIU) and IHSS consumers and providers, Federal Judge Claudia Wilken ruled that the $2 per-hour reduction in the State's maximum contribution toward IHSS wages, which was scheduled to take place on July 1, violated the federal Medicaid statute. She enjoined the State from implementing the state budget law requiring the reduction. The State has appealed that ruling and today's decision means that Judge Wilken's injunction will remain in effect while the State's appeal proceeds through the Ninth Circuit.
IHSS providers whose wages have been protected by the SEIU's stream of legal victories include those from the following counties: Alameda, Calaveras, Contra Costa, Fresno, Mendocino, Napa, San Benito, San Mateo, Santa Barbara, Solano, and Yolo.
OAKLAND - California home care recipients, care providers and their union, SEIU, are hailing another legal victory in their campaign to prevent the Schwarzenegger Administration from cutting In-Home Supportive Services (IHSS) wages.
The ruling by the 9th Circuit Court of Appeals denied an emergency stay request by the State, effectively upholding the June 25 ruling by District Court Judge Claudia Wilken that prevented the State from implementing its plans to cut funding for home care wages. This latest ruling comes on the heels of another legal victory for SEIU, home care workers and recipients yesterday.
"The law is on the side of home care workers and the seniors and people with disabilities who rely daily on this lifeline program, and this is just one more step in protecting them from the governor's budget axe," said Dave Regan, SEIU Executive Vice President and Trustee of SEIU-UHW. "We are confident that we will continue to win in court."
Based on the original lawsuit filed by Service Employees International Union (SEIU) and IHSS consumers and providers, Federal Judge Claudia Wilken ruled that the $2 per-hour reduction in the State's maximum contribution toward IHSS wages, which was scheduled to take place on July 1, violated the federal Medicaid statute. She enjoined the State from implementing the state budget law requiring the reduction. The State has appealed that ruling and today's decision means that Judge Wilken's injunction will remain in effect while the State's appeal proceeds through the Ninth Circuit.
IHSS providers whose wages have been protected by the SEIU's stream of legal victories include those from the following counties: Alameda, Calaveras, Contra Costa, Fresno, Mendocino, Napa, San Benito, San Mateo, Santa Barbara, Solano, and Yolo.
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