legal

 

Government Code Regarding LPLW and Retirement

Response from CalPERS: How LPLW Will Be Implemented for Retirement
September 15, 2014

LPLW – Government Code Describing PERS Retirement Implementation

LPLW Pay Raises Implemented

August 20, 2014

Earlier today, CalHR released the pay letter implementing the salary increases called for in the CAPS Like Pay for Like Work (LPLW) decision.  This pay letter instructs the State Controller to raise salaries for certain supervisory and managerial scientists consistent with the CAPS LPLW decision.  Although there is still much work to do to ensure that all supervisory scientists are compensated appropriately, these substantial increases are a tangible, positive step toward CAPS’ goal of salary equity for all state scientists.  CAPS has long sought funding and implementation of the LPLW decision and appreciates that the Administration included the funding for these increases in the State Budget.

Here is what the pay letter provides.  Effective July 1, 2014, salaries will be increased for the fourteen classifications included in the LPLW decision, along with a few related supervisory and managerial classifications.  Consistent with the decision, each classification will receive a distinct pay increase ranging from 18 to 43 percent.  For employees in these classifications, the increases will be retroactive to July 1.  These fourteen classifications became part of the LPLW decision based upon the proven historical salary relationships and comparable duties with other supervisory classifications.  CAPS secured these CalHR salary determinations through an administrative hearing process which challenged the amount of the salaries.  The administrative  decision was then confirmed in court.  These salary increases are a result of CAPS’ administrative, legal, and legislative efforts.

CAPS has consistently maintained that all supervisory classes, not just those covered by the LPLW decision, should receive similar increases.  CAPS’ position was most recently confirmed in a Meet-and-Confer session held on July 23, 2014 where CAPS urged that these salary principles be applied to all supervisory scientist classifications, including those not directly covered by the LPLW decision.

The salary increases outlined in the pay letter are scheduled to be included in the September 30 pay warrants.  The retroactive portion (July and August) will be in separate supplemental checks, likely to be issued before the September pay warrants are issued.  To see the raises and salary ranges for the classifications covered by the pay letter, click here.  CAPS represented classifications begin on page 16.

Thank you for your patience and your support of CAPS’ efforts to achieve implementation of these historic LPLW salary increases.  CAPS will continue to press for equitable salaries for all state scientists.

 

 

LPLW Decision Issued

May 25, 2011 — The 3rd District Court of Appeal today issued a written decision in the CAPS Like Pay Like Work case. This is the latest ruling in the ongoing CAPS effort to require the state to abide by its own administrative ruling, one that would increase salaries to certain supervisory state scientists under the state law that requires like pay for like work.

Memo from DPA with Cost Analysis to Implement the April 28 Decision

April 28, 2008 Decision

CAPS’ Like Pay Like Work Lawsuit

Salary Equity Petition

 

 

Like Pay Like Work Archival Material: 

CAPS Requests DPA Director to Seek LPLW Funding in State Budget

DPA Requests Finance to Fund LPLW

CAPS Final Supreme Court Brief

CAPS July 2011 California Supreme Court Finance Brief

CAPS July 19, 2011 Letter to DPA

LPLW CAPS Petition for Review in the State Supreme Court (July 1, 2011)

CAPS LPLW Appeal (November 2006)

 

 

Like Pay for Like Work Decision Issued

May 25, 2011 

Earlier today, the 3rd District Court of Appeal issued a written decision in the CAPS Like Pay Like Work case. This is the latest ruling in the ongoing CAPS effort to require the state to abide by its own administrative ruling, one that would increase salaries to certain supervisory state scientists under the state law that requires like pay for like work.

Today’s appellate decision unfortunately reverses a part of the trial court judgment which was in favor of CAPS. It finds that Finance is not required to propose funding for salary increases in the Governor’s proposed budget. The trial court had found that Finance and the Department of Personnel Administration have a duty to present the funding for salary increases in the proposed state budget. In spite of the reversal by the Appellate Court, the trial court’s decision concerning CAPS underlying claim of a legal right to salary equity (subject to an appropriation to fund the increase) remains undisturbed.

Although we are disappointed by the appellate court ruling, the decision confirms what the DPA already determined: salaries should be increased, and that state law already requires this information to be submitted to the Legislature during the budget process. Specifically, the Appellate Court says at page 11 of the decision:

“In addition, section 13337, subdivision (f), requires Finance to submit to the committees in the Assembly and Senate which consider appropriations and to the Joint Legislative Budget Committee ‘copies of budget materials submitted to it’ by state agencies for Finance’s approval. Thus, the Legislature will be informed of the need for additional appropriations to fund adjusted salaries without the trial court having to expand section 19826’s mandate beyond the statute’s express language.”

CAPS is evaluating the decision and options. However, the decision makes clear that it is now up to the Legislature and the Brown Administration to appropriate the funds to implement the DPA administrative ruling. CAPS will continue to push the Brown Administration and legislature to fund the increased salaries, with retroactivity.

The full decision can be read here: LPLW Decision

 

 

Finance’s Reply Brief (8/13/10)

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.

Superior Court Decision

Finance’s Opening Brief (5/27/10)

Sacramento Superior Court Judge Issues Decision in Like Pay Like Work Case

Judgment

Preemptory Writ of Mandate (Judge Connelly’s decision)

 

CAPS Files Revised Proposed Judgment

CAPS’ Revised Proposed Peremptory Writ

CAPS’ Reply to Supplemental Brief

DPA’s Reply to Supplemental Brief

Finance’s Supplemental Brief

 

CAPS Files Legal Brief in Support of Like Pay Like Work Case

DPA’s Supplemental Brief

Finance’s Supplemental Brief

Finance’s Opposition Brief

DPA’s Opposition Brief

LPLW: Frequently Asked Questions

CAPS Files Brief in Support of LPW Suit

DPA Makes Corrections to April 28 Decision

CAPS’ Like Pay Like Work Lawsuit

Read the Supporting Declaration  & Supporting Exhibits for CAPS’ Like Pay Like Work Lawsuit
(2.5MB Download)

CAPS Requests State Controller John Chiang to Fund DPA Like Pay Like Work Decision Immediately

DPA’s Like Pay Like Work Recommendations

Letter to DPA re Like Pay Like Work Decision (5/2/08

Letter to Dept. of Finance Director Mike Genest re DPA Like Pay Like Work Recommendations for State Scientific Supervisors