OA’s Response to the US Dept of Labor

Thanks to John Micek over at Capitol Ideas for obtaining and publishing OA’s response to the Department of Labor’s inquiry.  As stated previously, Pennsylvania is now the subject of a federal investigation into federal labor law violations.  The Department of Labor has requested payroll records from the PA Office of Administration for the period of June 20 2009 through July 3 2009.  The full copy of the letter can be found at Capitol Ideas.

As of the time of this post, none of our local media outlets are covering this story.  They’ve all been scooped by a blogger.

5 thoughts on “OA’s Response to the US Dept of Labor”

  1. Why are they only requesting payroll records from june 26th through july 3rd? shouldnt they be reuqesting them for the entire month of july?

  2. They are only requesting records through July 3 because the request was dated prior to July 24. Probably even prior to July 17. On July 3 the first employees received no pay (the 1000 in judicial). Because only minimum wage is eligible, nobody else qualified until the paycheck of the 24th. They cannot request records for the entire month of July because payroll has not been run for the entire month of July yet…therefore, no violation or potential violation has occurred. Now, in response to the pay on the 24th, they will launch another request. One may actually have gone out for the 17th already. Having worked in a world where requests come into lawyers all the time for supporting documentation, the requests, the data, the responses get buried from desk to desk as they move along. My guess is that whoever in OA had to answer the reporter quickly only had their hands on one at that given moment.

    As I blogged on my site yesterday…I am somewhat concerned that the response in bold letters at the top says Hand Delivered. Like these folks maybe co-reside in the State L&I office building so they can keep an eye on Pennsylvanias enforcement orrrrrr….? I’m also amused to see counsel quote select SECTIONS of Judge Leavitt’s findings…but not its pertinent entirety. Ya gotta love the lawyers who have earned all the lawyer jokes!

  3. http://www.state.pa.us/papower/cwp/view.asp?A=11&Q=465279

    This is straight from the governors website! A press release that he gave on July 7,2007!

    July 2007

    July 7, 2007


    HARRISBURG – Under federal law, Pennsylvania cannot ask employees to work unless the state is authorized to pay them, Governor Edward G. Rendell said today.

    The Fair Labor Standards Act, while not requiring that workers be furloughed, specifically mandates that state employees, if required to work, must be paid their regular salaries when due.

    “The Senate Republican argument that no law requires employees to be furloughed is preposterous,” the Governor said. “It’s very simple. If the state can’t spend money, it can’t pay state employees. If state employees work, they have to be paid. If Senate Republicans have figured out a way around federal law, we haven’t heard it.”

    The Act, according to the Commonwealth Court in Council 13, AFSCME v. Casey, imposes penalties equal to double the amount of the unpaid wages on an employer that violates the Act

    Governor Rendell said furloughing all state workers is not a viable option because of the need to continue the operation of essential governmental functions.

    “Our only real option under the law is to furlough state employees whose jobs are not critical to the health, safety and welfare of the Commonwealth’s citizens or who do not operate programs that have been mandated by the courts,” the Governor explained. “We cannot compel people to come to work who will not be paid.

    “Furthermore, it is mystifying to me that legislators are so intensely focused on what can only be seen as an attempt to confuse state employees with political maneuvering and legal mumbo jumbo when their time could be better spent working to solve this budget impasse. Our collective goal should be to avoid furloughing state workers, not avoid negotiating this budget.”

    Please visit Pennsylvania’s Web site at http://www.PA.gov.
    Copyright © 2009 Commonwealth of Pennsylvania
    Text-Only | Administration

  4. HAHAHAHAHAHA! and two years later we have the spin that Ed puts on it to suit his 2009 purposes. I’ve always said this year that he is deliberately choosing to interpret the ruling of the Judge to suit his agenda…and right now his agenda is “Up yours Unions!” for taking it to court.

  5. Rendell is out of touch with reality. He has much bigger fish to fry very soon. Stay tuned!!

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