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The complaint, the third lawsuit filed by the Service Employees International Union Local 1,000 since the layoff, says state law mandates workers be given their final paychecks on the day they are sent home, the San Francisco Chronicle reported Thursday.

By not doing so, the state should reimburse workers for their regular wages until the final checks are released, the union said.

"They're wasting taxpayers' money by not doing this correctly", said Paul Harris, legal council for the Service Employees International Union Local 1,000.

Department of Personnel Administration spokeswoman Lynelle Jolley declined to comment on the suit, saying the agency had yet to see the complaint, the Chronicle reported.

"Everybody is going to get the pay that they're due if they haven't already. And we will be fully complying with the state labor code", she said.

Gov. Arnold Schwarzenegger ordered the layoffs and the temporary reduction of pay rates to minimum wage for most state workers to save money while he waits for legislators to pass a budget.

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