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Council 13 Scores a Major Victory in PA Supreme Court

12/28: PA Supreme Court ruled today that the state constitution, "... does not prohibit the Commonwealth from continuing to employ and pay all FLSA nonexempt Commonwealth employees in the event that the Pennsylvania Legislature fails to pass a budget." AFSCME (along with SEIU L668 and FOSCEP L2382), had appealed a 2008 Commonwealth Court decision arguing that the federal Fair Labor Standards Act (FLSA) trumped any language in the state constitution that requires an appropriation to be passed before money can be paid from the state treasury -- and PA Supreme Court justices agreed. The ruling also noted that "timely payment of wages" is required by federal law. "It's been a frustrating and arduous fight," said C13 Exec. Dir. David R. Fillman. "This is a very sweet victory indeed."

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