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Federal Judge Blocks IHSS Worker Wage Cut in Fresno County

SACRAMENTO, CALIF (CDCAN) [Updated 06/29/2010  03:45 PM  (Pacific Time)] -  A federal district court judge in Oakland this afternoon blocked Fresno County from implementing an hourly wage  cut to their In-Home Supportive Services (IHSS) workers from $10.25 to $8 per hour, that was scheduled to go into effect on July.  The action by the federal court represents at least a temporary victory for thousands of IHSS workers and people with disabilities, mental health needs, the blind and seniors in Fresno County who receive services under the IHSS program.

You can't balance the budget by hurting the state's most vulnerable citizens," said Dave Regan, Trustee of SEIU-United Healthcare Workers. "We are pleased that the wage cuts [in Fresno County]  have been stopped and we're confident that the court will continue to recognize that this program is essential for a healthy and fair California.

The federal judge granted a temporary restraining order (TRO) based on a lawsuit filed in October 2009  by Disability Rights California, Disability Rights Legal Center, National Senior Citizens Law Center, the National Health Law Program, and four unions that represent IHSS home care workers – SEIU – United Long Term Care Workers; SEIU – United Healthcare Workers West; SEIU Local 521; and UDW Homecare Providers Union – AFSCME Local 3930

Last week, Fresno County mailed notices to the more than 12,000 IHSS workers in that county informing them that their wages and benefits would be cut in July.

Natasha Garcia, a Fresno County IHSS worker was relieved about the court order today, saying

My family is barely making ends meet as it is on my wages.  If the County cuts my wages I won’t be able to afford to take care of my client anymore, and he would end up in a nursing home—miserable, and costing the state more.  These cuts don’t make any sense.

Fresno County Says It Took Action to Lower Wages Due to County Budget Deficit

• The action to reduce wages in Fresno County was taken by the Board of Supervisors is not directly related to the rollback in State participation toward IHSS workers wages that was passed by the Legislature and signed by the Governor in February 2009, which a federal court stopped from taking effect last July.  That ruling is being appealed by the Schwarzenegger Administration to the US Supreme Court which has not yet decided whether to take up the case or not. 
• The Fresno County Board of Supervisors say they took the action to cut IHSS worker wages because of an enormous county budget shortfall, claiming that the reduction would save the county about $5 million.  Advocates however contended that the reduction of IHSS worker wages there would mean loss of state and federal matching funds costing Fresno County $33 million. 
• The SEIU, the union representing IHSS workers in Fresno County, and the Fresno County Board of Supervisors have attempting to come up with a new contract for over a year, when the Board of Supervisors decided to take action to lower the wages for county IHSS workers to the State’s minimum wage.