Bill Text: CA AB2335 | 2023-2024 | Regular Session | Amended
Bill Title: Public employment: compensation and classification.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-04-17 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 17). Re-referred to Com. on APPR. [AB2335 Detail]
Download: California-2023-AB2335-Amended.html
|
Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2335
| Introduced by Assembly Member McKinnor |
February 12, 2024 |
An act to amend Section 19826 Sections 8248, 18500, 19797, 19826, and 19827.2 of the Government Code, relating to public employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2335, as amended, McKinnor.
Public employment: salary compensation and classification.
(1) The California Constitution provides that the civil service includes every officer and employee of the state, except as provided, and requires that in the civil service, permanent appointment and promotion be made under a merit-based system ascertained by competitive examination. Existing law, the State Civil Service Act, prescribes a comprehensive personnel system for the state, with appointments to be based on merit and fitness established by competitive tests.
Existing law states the purposes of the State Civil Service Act, including, among others, to provide a comprehensive personnel system in which positions involving comparable duties and responsibilities are similarly classified and compensated.
This bill would expand that purpose to include that the compensation relationship between state civil positions with comparable duties and responsibilities is maintained.
(2) Existing law establishes the Commission on the Status of Women and Girls and requires the commission to evaluate the compensation and classification plans for state civil service and related employees and certain other employees in higher education and to determine where compensation and classification inequities exist based on comparability of the value of work. Existing law requires the commission to give primary consideration to identifying and correcting inequities between female dominated and male dominated classes of employees in state service. Existing law requires the commission, by January 1, 2003, to report to the Legislature and certain other parties findings necessary to implement principles of equitable compensation and
classification based on comparability of value of work as part of the state compensation and classification plans and negotiated agreements. Existing law conditions the implementation of these provisions on funding, as prescribed.
This bill would instead require the commission to give primary consideration to identifying and correcting inequities between jobs that employ a higher proportion of females than males and males than females and would require the commission to consider any relevant factor, including specified factors including, among others, the origins and history of the work and any systemic undervaluation of the work, as specified. The bill would extend the deadline for the above-described report to January 1, 2026.
(3) The State Civil Service Act requires each state agency to establish an equal opportunity plan that includes, at a minimum, identifying the areas of significant
underutilization of specific groups based on race, ethnicity, and gender, within each department and job category level, as provided.
This bill would additionally require the plan to identify the areas of significant overutilization of specific groups, as provided.
(4) Existing law requires the Department of Human Resources to establish and adjust salary ranges for each class of position in the state civil service based on the principle that like salaries should be paid for comparable duties and responsibilities, as specified. Existing law prohibits the department from making an adjustment that would require expenditures in excess of existing appropriations that may be used for salary increase purposes.
This bill would require the department to consider any relevant factor, including the same factors the bill would require the Commission on the Status of Women
and Girls to consider, as described above, in determining whether compensation and classification inequities exist between bargaining units within the state civil service. The bill would require the department to ensure that the principle that like salaries be paid for comparable duties and responsibilities is maintained when determining the distribution of appropriations used for adjusting salaries and would authorize the department to make adjustments requiring expenditures in excess of existing appropriations if the adjustments are necessary to maintain or restore historical salary relationships, as specified. The bill would require the department to make a change in salary range retroactive if made for that purpose.
Existing law requires the department to submit to parties meeting and conferring, and to the Legislature, reports on 2 groups of bargaining units biennially, beginning on either February 1, 2025, or February 1, 2026, depending on the group, on the
findings of the department relating to the salaries of employees in comparable occupations in private industry and other governmental agencies.
The bill would, instead, require the reports to include findings of the department relating to the salaries of employees in comparable classifications, occupational groups, or bargaining units within state civil service, in private business, and other public employment, as specified.
(5) Existing law requires the Department of Human Resources to evaluate all state civil service classifications in the Personnel Classification Plan, and prepare a detailed report, as specified, on gender and ethnicity pay equity in each classification where there is an underrepresentation of women and minorities.
This bill would additionally require the report to include where there is an overrepresentation of women and minorities and
statistical information for each bargaining unit, as specified. The bill would require the department to negotiate salaries to close any gaps found, as specified, and would require that an increase in total compensation resulting from this evaluation be implemented through a memorandum of understanding, as specified. The bill would require the department, in determining whether inequities exist, to consider any relevant factor, including those factors the bill would require the Commission on the Status of Women and Girls and the department to consider, as described above.
Existing law requires the Department of Human Resources to establish and adjust salary ranges for each class of position in the state civil service, as specified. Existing law requires the department to submit to parties meeting and conferring and to the Legislature reports on 2 groups of bargaining units biennially, beginning on either February 1, 2025, or February 1, 2026, depending on the group, on the findings of the department relating to the salaries of employees in comparable occupations in private industry and other governmental agencies.
This bill would make nonsubstantive changes to that report requirement.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8248 of the Government Code is amended to read:8248.
The commission shall do all of the following:(a) Evaluate the compensation and classification plans for state civil service and related employees and the employees of the University of California, the college named in Section 92200 of the Education Code, and the California State University conferred under the Higher Education Employer-Employee Relations Act on the basis of objective, job-related criteria in order to advise the Legislature of the explicit worth or value of those services and positions.
(b) Determine where compensation and classification inequities exist based on comparability of the value of work, giving primary consideration to identifying and correcting inequities between female dominated and male dominated classes of employees in state service.
state service jobs that employ a higher proportion of females than males and state service jobs that employ a higher proportion of males than females.
(c) In determining whether compensation and classification inequities exist between bargaining units within state civil service and whether work is currently undervalued or has historically been undervalued, the commission shall consider any relevant factor, including, but not limited to, all of the following:
(1) The origins and history of the work, including the manner in which wages have been set.
(2) Any social, cultural, or historical considerations.
(3) The extent to which
classifications perform functionally related services or work toward established common goals.
(4) The extent to which classifications have common skills, working conditions, job duties, or similar educational or training requirements.
(5) The extent to which the employees have common supervision.
(6) The effect of classifications on the efficiency of operations of the employer.
(7) Any systemic undervaluation of the work as a result of any of the following:
(A) Failure by the parties to properly assess or consider the remuneration that should have been paid to properly account for the nature of the work, the levels of responsibility associated with the work, the conditions under which the
work is performed, and the degree of effort required to perform the work.
(B) Lack of effective bargaining in the relevant market, industry, sector, or occupation.
(C) Occupational segregation or occupational segmentation in respect to the work.
(c)
(d) Report, by January 1, 2003,
2026, to the Legislature and to the parties meeting and conferring pursuant to Sections 3517 and 3570 all findings as may be required in order to implement the principles of equitable compensation and classification based on comparability of value of work as part of the state compensation and classification plans and negotiated agreements, including, but not limited to, factor values, comparative job ratings, gender makeup of all job classifications, present salary structures, policy recommendations, and annual cost estimates for the implementation of an equitable compensation program.
(d)
(e) This section shall not be implemented
unless and until funds are appropriated by the Legislature in the annual Budget Act or another statute.
SEC. 2.
Section 18500 of the Government Code is amended to read:18500.
It is the purpose of this part:(a) To facilitate the operation of Article VII of the Constitution.
(b) To promote and increase economy and efficiency in the state service.
(c) To provide a comprehensive personnel system for the state civil service, in which:
(1) Positions involving comparable duties and responsibilities are similarly classified and compensated. compensated and the
compensation relationship between state civil service positions with comparable duties and responsibilities is maintained.
(2) Appointments are based upon merit and fitness ascertained through practical and competitive examination.
(3) State civil service employment is made a career by providing for security of tenure and the advancement of employees within the service insofar as consistent with the best interests of the state.
(4) The rights and interests of the state civil service employee are given consideration insofar as consistent with the best interests of the state.
(5) Applicants and employees are treated in an equitable manner without regard to political affiliation, race, color, sex, religious creed, national origin,
ancestry, marital status, age, sexual orientation, disability, political or religious opinions or nonjob-related factors.
(6) Tenure of civil service employment is subject to good behavior, efficiency, the necessity of the performance of the work, and the appropriation of sufficient funds.
SEC. 3.
Section 19797 of the Government Code is amended to read:19797.
(a) Each state agency shall develop, update annually, and implement an equal employment opportunity plan which shall, at a minimum, identify the areas of significant underutilization and overutilization of specific groups based on race, ethnicity, and gender, within each department by job category and level, contain an equal employment opportunity analysis of all job categories and levels within the hiring jurisdiction, and include an explanation and specific actions for removing any non-job-related employment barriers.(b) (1) Each state agency shall, prior to
before January 1, 2024, and once every two years thereafter, establish a plan to recruit, attract, and retain employees identified pursuant to subdivision (a). Agency plans shall be submitted to the department.
(2) The department shall, by January 1, 2024, develop and implement a monitoring and compliance program and work closely with state agencies to address deficiencies and provide guidance and recommendations for meeting their goals and other required benchmarks.
SECTION 1.SEC. 4.
Section 19826 of the Government Code is amended to read:19826.
(a) The department shall establish and adjust salary ranges for each class of position in the state civil service subject to any merit limits contained in Article VII of the California Constitution. The salary range shall be based on the principle that like salaries shall be paid for comparable duties and responsibilities. In establishing or changing these ranges, consideration shall be given to the factors described in subdivision (c) and the prevailing rates for comparable service between classifications, occupational groups, or bargaining units within state civil service, in other public(b) Notwithstanding any other law, the department shall not establish, adjust, or recommend a salary range for any employees in an appropriate unit where an employee organization has been chosen as the exclusive representative pursuant to Section 3520.5.
(c) In determining whether compensation and classification
inequities exist between bargaining units within state civil service, the department shall consider any relevant factor, including, but not limited to, all of the following:
(1) The origins and history of the work, including the manner in which wages have been set.
(2) Any social, cultural, or historical considerations.
(3) The extent to which classifications perform functionally related services or work toward established common goals.
(4) The extent to which classifications have common skills, working conditions, job duties, or similar educational or training requirements.
(5) The extent to which the employees have common supervision.
(6) The effect of classifications on the efficiency of operations of the employer.
(7) Any systemic undervaluation of the work as a result of any of the following:
(A) Failure by the parties to properly assess or consider the remuneration that should have been paid to properly account for the nature of the work, the levels of responsibility associated with the work, the conditions under which the work is performed, and the degree of effort required to perform the work.
(B) Lack of effective bargaining in the relevant market, industry, sector, or occupation.
(C) Occupational segregation or occupational segmentation in respect to the work.
(c)
(d) (1)On February 1, 2025, and biennially thereafter, the The department shall submit to the parties meeting and conferring pursuant to Section 3517 and to the Legislature a report containing the findings of the department relating to the salaries of employees in comparable occupations in private
industry and other governmental agencies for classifications, occupational groups, or bargaining units within state civil service, in private business, and other public employment. The report shall separate findings related to the salaries of rank-and-file employees from supervisors and managerial classifications within each bargaining unit. The report shall be made as follows: Bargaining
(1) For Bargaining Units 2, 5, 6, 7, 9, 10, 12, 13, 16, 18, and 19.
19, on February 1, 2025, and biennially thereafter.
(2) On February 1, 2026, and biennially thereafter, the department shall submit to the parties meeting and conferring pursuant to Section 3517 and to the Legislature a report containing the findings of the department relating to the salaries of employees in comparable occupations in private industry and other governmental agencies for For Bargaining Units 1, 3, 4, 5, 8, 11, 14, 15, 17, 20, and 21.
21, on February 1, 2026, and biennially thereafter.
(d)
(e) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without
further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
SEC. 5.
Section 19827.2 of the Government Code is amended to read:19827.2.
(a) The Legislature, having recognized December 1980 statistics from the U.S. Department of Labor, finds: that 60 percent of all women 18 to 64 are in the workforce, that two-thirds of all those women are either the head of a household or had husbands whose earnings were less than ten thousand dollars ($10,000), and that most women are in the workforce because of economic need; that the average working woman has earned less than the average working man, not only because of the lack of educational and employment opportunities in the past, but because of segregation into historically undervalued occupations where wages have been depressed; and that a failure to reassess the basis on which salaries in state service are established will perpetuate these pay inequities, which have a particularly discriminatory impact on minority and older women; and, therefore, it is the intent of the Legislature in enacting this statute to establish a state policy of setting salaries on the basis of comparability of the value of the work for jobs that employ a higher proportion of females than males.(b) The department shall evaluate all state civil service classifications in the Personnel Classification Plan and prepare a detailed report on gender and ethnicity pay equity in each classification and bargaining unit where there is an underrepresentation or overrepresentation of women and minorities. The department shall review and analyze existing information, including studies from other jurisdictions that are relevant to setting salaries for
state civil service
jobs that employ a higher proportion of females than males. This
(1) The department shall negotiate salaries to close any gaps found based upon the comparability of the value of the work between state civil service jobs that employ a higher proportion of females than males and state civil service jobs that employ a higher proportion of males than females.
(2) (A) An increase in total compensation resulting from this section shall be implemented through a memorandum of understanding negotiated pursuant to the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1).
(B) Notwithstanding subparagraph (A), failure of the parties to reach agreement for a memorandum of understanding pursuant to the Ralph C. Dills Act does not relieve the state of the duty to adjust total compensation as identified in the review and evaluation required by this section.
(3) The information
required by this subdivision shall be provided on an annual basis to the appropriate policy committee of the Legislature and to the parties meeting and conferring pursuant to Section 3517.
(c) In determining whether compensation and classification inequities exist between bargaining units within state civil service and whether work is currently undervalued or has historically been undervalued, the department shall consider any relevant factor, including, but not limited to, all of the following:
(1) The origins and history of the work, including the manner in which wages have been set.
(2) Any social, cultural, or historical considerations.
(3) The extent to which classifications perform functionally related services or work toward established common goals.
(4) The extent to which classifications have common skills, working conditions, job duties, or similar educational or training requirements.
(5) The extent to which the employees have common supervision.
(6) The effect of classifications on the efficiency of operations of the employer.
(7) Any systemic undervaluation of the work as a result of any of the following:
(A) Failure by the parties to properly assess or consider the remuneration
that should have been paid to properly account for the nature of the work, the levels of responsibility associated with the work, the conditions under which the work is performed, and the degree of effort required to perform the work.
(B) Lack of effective bargaining in the relevant market, industry, sector, or occupation.
(C) Occupational segregation or occupational segmentation in respect to the work.
(c)
(d) The report described in subdivision (b) shall include at least the following:
(1) The department’s efforts that are consistent with existing state and federal law toward meeting the goals of pay equity for women and minorities.
(2) Statistical information for each state civil service classification.
(3) Statistical information for each bargaining unit, separating out the associated supervisory and
managerial classes from the rank-and-file classes.
(d)
(e) For the purpose of implementing this section, the following definitions apply:
(1) “Salary” means, except as otherwise provided in Section 18539.5, means the amount of money or credit received as compensation for service rendered, exclusive of mileage, traveling allowances, and other sums received for actual and necessary expenses incurred in the performance of the state’s business, but including the reasonable value
of board, rent, housing, lodging, or similar advantages received from the state.
(2) “Comparability of the value of the work” means the value of the work performed by an employee, or group of employees within a class or salary range, in relation to the value of the work of another employee, or group of employees, to any class or salary range within state service.
(3) “Skill” means the skill required in the performance of the work, including any type of intellectual or physical skill acquired by the employee through experience, training, education, or natural ability.
(4) “Effort” means the effort required in the performance of the work, including any intellectual or physical effort.
(5) “Responsibility” means the responsibility required in the
performance of the work, including the extent to which the employer relies on the employee to perform the work, the importance of the duties, and the accountability of the employee for the work of others and for resources.
(6) “Working conditions” means the conditions under which the work of an employee is performed, including physical or psychological factors.
(e)
(f) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
