NEWS ITEM

Ninth Circuit Denies Stay of Preliminary Injunction Stopping Cuts to Home Care Workers’ Wages

Preliminary Injunction Will Remain In Effect Pending Appeal; District Court Clarifies Injunction

July 14, 2009 -- The Ninth Circuit Court of Appeals issued an order today denying the State of California's emergency motion for a stay of a preliminary injunction blocking cuts to the wages of In Home Supportive Services ("IHSS") providers. Click here for prior story. As a result, the statewide preliminary injunction will remain in effect pending appeal.

In addition, on July 13, 2009, U.S. District Judge Claudia Wilken clarified her prior preliminary injunction, after the State attempted to reduce the wages of IHSS workers in some counties notwithstanding the Court's earlier order. Under the amended preliminary injunction, IHSS wages may not be reduced for any period of time based on the unlawful State law.

Altshuler Berzon LLP represents IHSS consumers and labor unions with IHSS provider members in the lawsuit challenging the law cutting the State's contribution to IHSS provider wages and benefits.

[Update: On July 24, 2009, U.S. District Judge Claudia Wilken issued an order further clarifying her preliminary injunction to ensure that the State acts promptly to correct wage rates in two counties. The July 24 order also requires the State to promptly correct any underpayments of IHSS provider wages. A copy of that order is available below.]

Back To News Item Index