Thursday, December 31, 2009

wages - FLSA pre-empts Art. III, sec. 24 of Pennsylvania Constitution

Council 13, AFSCME v. Commonwealth of Pennsylvania
Pennsylvania Supreme Court - December 28, 2009
Article III, Section 24* of the Pennsylvania Constitution is preempted by the Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a).

The governor is not prohibited from paying the wages of state employees who are covered by FLSA, but who are required to work from monies in the Commonwealth’s Treasury, where that money has not yet been appropriated by the General Assembly.

* Section 24 provides: No money shall be paid out of the treasury, except on appropriations made by law and on warrant issued by the proper officers; but cash refunds of taxes, licenses, fees, and other charges paid or collected, but not legally due, may be paid, as provided by law, without appropriation from the fund into which they were paid on warrant of the proper officer. PA. CONST. art. III, § 24.

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