Yesterday, Governor Gavin Newsom issued an executive order (EO) requiring all agencies and departments within his Administration to update their hybrid telework policies to include a default minimum of four days in-office per work week, allowing for flexibility on a case-by-case basis. The EO additionally requires agencies and departments to work with the Department of General Services (DGS) to develop a plan to accommodate this increase in in-person work, requiring agencies and departments to submit these plans to DGS no later than April 1, 2025.
To read the executive order in full, click here.
CASE’s Response. CASE immediately took action in opposition to this EO, and is prepared to oppose it through a number of tactics, including legal strategies that are underway. CASE also issued a press release in response to this action by the Governor:
CASE Condemns Governor Newsom’s Arbitrary Rollback of Telework for State Legal Professionals
SACRAMENTO, CA – The California Association of State Attorneys and Administrative Law Judges (CASE) strongly opposes Governor Gavin Newsom’s Executive Order forcing state employees back into the office four days a week, up from the current two-day hybrid schedule. This sudden and misguided mandate ignores the well-documented benefits of telework, including higher productivity, improved employee well-being, and cost savings for the state. It also blatantly disregards the effectiveness of remote work that CASE members have proven over the past several years.
‘Forcing state attorneys, judges, and hearing officers back into the office under the guise of ‘efficiency’ is arbitrary and counterproductive,’ said CASE Board of Directors President Timothy O’Connor. ‘The Governor’s order is not aimed at improving services—it’s about optics. Our state legal professionals have demonstrated, time and again, that they can maintain exceptional productivity while teleworking. This latest decision to take away one of the few non-financial benefits of working for the State— telework—will make it harder to recruit attorneys at the current pay levels.’
The Governor’s order comes less than a month after CASE and CalHR began bargaining amid difficulty hiring for key legal positions in the state. For years, California has grossly mismanaged its expenditures on legal resources. The state consistently pays its own attorneys 20%-40% less in salaries and benefits than other public sector lawyers—such as county district attorneys, public defenders, city attorneys, and county counsel—while spending millions of dollars outsourcing legal work to expensive private law firms. As a result, the state must recruit from the pool of attorneys who are willing to choose public service but do so at an extreme disadvantage compared to every other public sector employer in regions where state attorneys work.
‘Forcing attorneys back into the office four days per week will exacerbate the state’s recruitment issues. CASE members have handled complex litigation, prosecuted criminals, and ensured due process for Californians while teleworking,’ added O’Connor. ‘The Administration’s own data have failed to show any performance drop-off under hybrid work. Instead, this abrupt rollback will drive away skilled attorneys, judges, and hearing officers with other options, diminishing the state’s quality of legal representation. California should invest in its legal workforce to achieve its legal goals. If the Governor wants to recruit former federal workers, he should prioritize California’s persistent pay gap and invest in its workforce. No website or investment in onboarding will make up for the fact that California doesn’t pay its attorneys well.’
About CASE
The California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (CASE) represents over 5,000 legal professionals working in nearly every state agency. CASE advocates for fair compensation, job security, and the professional integrity of California’s legal workforce.
For more information, visit www.calattorneys.org.”