Like Pay for Like Work History and Lawsuit

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 that 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 the implementation of these historic LPLW salary increases. CAPS will continue to press for equitable salaries for all state scientists.

Like Pay Like Work 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 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

Supreme_Finance_Brief_LPLW

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)

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 the 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

Like Pay Judgment

Preemptory Writ of Mandate

CAPS Files Revised Proposed Judgment

CAPS’ Revised-Proposed-Peremptory-Writ

CAPS’ Reply to Supplemental Brief

DPAs Reply to Supplemental Brief

Finance’s supplemental brief

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

DPA’s Supplemental Brief