California St. Employees'assn v. State of Calif.

Plaintiffs/appellants California State Employees’ Association et al., appeal from a judgment denying their petition for writ of mandate to compel respondents State of California et al., to make full salary payments to their employees without deductions to recoup prior alleged overpayments. We conclude that the challenged salary deductions violate the attachment and wage garnishment laws, and reverse.

In August 1986 an audit report of the California Medical Facility at Vacaville reported 731 outstanding erroneous salary advances totalling $463,113. In mid-October 1986 respondents began notifying affected employees by form letter of the amount of and reason for the individual overpayments. The letter set out a repayment plan to deduct up to $400 from the net salary warrant and 40 percent of net overtime pay beginning with the October pay period. Employees were given seven days within which to negotiate a modification of the repayment schedule due to undue hardship, and any other questions were directed to the business office. At least one employee received a memorandum from the personnel office in mid-October entitled “Accounts Receivable,” which specified the amount of…