Like Pay for Like Work Lawsuit

CAPS Brief for Court of Appeal (7/26/10)

CAPS v. DPA, Finance (Like Pay/Like Work)

In November 2006, CAPS challenged the salary ranges for 14 supervisory scientist classifications claiming that the pay violated the principle that “like salaries shall be paid for comparable duties and responsibilities.” The quasi-legislative challenge was heard before the DPA through eight days of hearing. In an April 2008 administrative decision issued by DPA, CAPS prevailed in full. CAPS proceeded to court to enforce the decision, seeking to have the salaries paid. The court issued a writ commanding DPA and the Department of Finance to present the funding needed to pay the increased salaries to the Legislature for its consideration. Finance has appealed the decision; the DPA has not. Finance's appeal will make its way through the appellate process over the next several months. DPA will be expected to comply with the decision as the appeal proceeds. Though DPA did not appeal the court decision, it is now scheduling audits to review staffing and recruitment practices departments impacted by the LPLW efforts. CAPS is tracking the progress of this audit to ensure the outcome does not negatively affect this victory. What that means won’t be known until the Governor issues his draft budget for 2010-11. Regardless, CAPS will continue to push for payment as quickly as possible with full retroactivity.

Read Judge Connelly’s decision here