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REQUIREMENTS AND POLICIES MANUAL

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    Title:

    Compensation

    Publication date:

    4/12/2022

    Effective date:

    4/12/2022

    BRIEF

    Policy Summary

    Lawrence Berkeley National Laboratory's (Berkeley Lab's) compensation program is designed to provide a level of compensation that, within available funds, attracts and retains a quality workforce necessary for the achievement of Berkeley Lab goals.

    Who Should Read This Policy

    • This policy applies to the following employee classifications: Career, Term, Limited, Faculty, Visiting Researcher, Graduate Student Research Assistant (GSRA), and Student Assistant.
    • This policy applies to non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, employees may contact their division's HR Field team. Feedback on HR policies or procedures is welcomed.
    Send comments to [email protected].


    Title:

    Compensation

    Publication date:

    4/12/2022

    Effective date:

    4/12/2022

    POLICY

    A. Purpose

    This policy establishes, maintains, and administers a compensation plan for the positions it covers. This policy provides information surrounding various salary actions at Lawrence Berkeley National Laboratory (Berkeley Lab).

    B. Exceptions

    Requests that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at a minimum, approval by the Compensation and Benefits Manager and/or the Chief Human Resources Officer (CHRO). In some circumstances, exceptions may require Laboratory Director, University of California Office of the President (UCOP), and/or Department of Energy (DOE) approval.

    C. Persons Affected

    • This policy applies to the following employee classifications: Career, Term, Limited, Faculty, Visiting Researcher, Graduate Student Research Assistant (GSRA), and Student Assistant.
      • Faculty and GSRA salaries are in accordance with the University of California pay policies.
      • Student Assistant salary is dependent on academic progress.
    • This policy applies to non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

    D. Policy Statement

    1. Pay within the Salary Range. An individual salary must be within the salary range that is assigned to the position's job code/job title, based on the position's duties and responsibilities. Employee salary that is maintained above the maximum of the salary range for their job classification is red-circled. A red-circle is allowed under certain circumstances listed below. Employees who are red-circled are not eligible for base pay increases.
    2. Adjustment of Salary Ranges. Salary ranges may be adjusted periodically. Adjustments of salary ranges do not increase the salary paid to an employee but provide increased potential for within-range salary adjustments.
    3. Classification of Positions. Positions are classified in job classifications on the basis of the level of duties and responsibilities assigned to and performed by employees, as documented in individual position descriptions. As duties and responsibilities undergo significant changes, positions may be reviewed to determine appropriate job classification.
    4. Salary Actions
      1. Start Salary for New Employees
        1. In developing a start salary for new employees, consideration will be given to the candidate's background and experience, current competitiveness of the market for the particular job, and internal equity within the Lab, department, and/or unit.
        2. Berkeley Lab will not request or rely on an applicant's or candidate's salary history in determining a start salary or whether to offer employment. Berkeley Lab will also provide the pay scale for a position upon reasonable request by the applicant or candidate.
      2. Merit Increases. Employees holding Career and Term appointments are eligible for annual merit increases. Merit salary increases are based on employee performance. An employee must have a performance review with a performance rating to receive a merit increase.
        1. Employees who were hired or who have received a promotional increase within six months of the effective date of the merit increase are not eligible for an annual merit increase.
          1. An off-cycle merit increase after six months from the hire or promotion may be given. The merit increase is based upon employee performance. An employee must have an off-cycle performance review with a performance rating to receive an off-cycle merit increase.
        2. Employees who are red-circled may receive a non-base building merit lump sum payment.
      3. Salary Adjustments for Non-Career and Non-Term Employees
        1. Employees holding Limited appointments are eligible for salary increases to the minimum of the salary range for their job classification.
        2. Salary increases for employees holding GSRA, Student Assistant, Visiting Researcher, and Limited positions are described in the appointment information for those employee classes.
      4. Promotional Increases
        1. The change of an employee from one position to another in a classification having a higher salary-range maximum is termed a promotion.
        2. When an employee accepts an offer of a posted position at a higher salary-range maximum, it is a posted promotion.
        3. When an employee's duties and responsibilities have evolved to the extent that another classification is more appropriate, and the new classification is at a higher salary-range maximum, the change is a non-posted promotion.
        4. A salary increase may be granted for promotions.
    5. Demotion. When an employee is involuntarily moved to a job classification that has a lower salary range maximum due to a disciplinary or performance action, it is a demotion. These must be progressive and approved by Employee and Labor Relations (ELR). The employee's pay will be adjusted based upon peer equity analysis with employees in the new job classification. The employee's pay must fall within the pay range and cannot be red-circled. An employee's pay cannot be increased as the result of a demotion.
    6. Downgrade. When an employee moves to a job classification at a lower salary range maximum, it is a downgrade (not a demotion). A downgrade may either be voluntary or involuntary.
      1. Voluntary Downgrade. A voluntary downgrade occurs when an employee moves to a job classification with a lower salary range maximum as a result of accepting a posted job or at the employee's request. The employee's salary is reviewed to determine the appropriate pay based upon internal equity for the new position. An employee's salary will be reduced if it is above the maximum of the salary range of the new position. The employee's salary cannot be red-circled.
      2. Involuntary Downgrade. An involuntary downgrade occurs when an employee moves to a job classification with a lower salary grade as the result of decision by Berkeley Lab. An attempt will be made to retain the employee's pay rate. However, the employee's pay will be reviewed based on a peer equity analysis to determine any adverse impact. An employee's salary may be red-circled.
    7. Job Classification Restructuring
      1. As a result of a compensation review of a particular job classification or job family, a job classification may be restructured without a change in the duties of the incumbent employees. The salary-range maximum of the new job classification structure may be either higher or lower than the previous salary-range maximum.
      2. If an employee's salary is above the maximum of the new salary range, the current salary may be red-circled.
      3. If the employee's salary is below the minimum of the new salary range, the salary will be increased to the new minimum.
      4. If the employee's salary falls within the new salary range, no salary change will be made.
    8. Lateral Transfers
      1. The change of an employee from one position to another in the same classification or in another classification with the same salary-range maximum is termed a "lateral transfer."
      2. Employees do not generally receive a salary increase when they accept a position with the same salary range as the position previously held, including when an employee accepts a position with an appointment type change (e.g., moving from a Limited appointment to a Career appointment, or moving from a Term appointment to a Career appointment with the same salary range).
    9. Equity Increases. Increases in salary to remedy salary inequities may be granted on a targeted basis to address internal or market alignment.
    10. Retention Increases. Increases in salary used to retain "top talent" employees may be granted in exceptional cases where:
      1. The employee has unique experience/skills essential to the success of Berkeley Lab programs,
      2. There is difficulty recruiting applicants with these particular unique skills and/or experience over a period of time, and
      3. There is a valid reason to believe that the employee will not remain with Berkeley Lab without an increase.
    11. Completion of Probation. Satisfactory completion of the probationary period by an employee does not automatically require a salary increase. A recommendation for a salary increase may be made if the final probationary performance review justifies an increase; the employee was not eligible for an October merit increase; and merit guidelines and salary relationships within the division, department, and Berkeley Lab support an increase.
    12. Transfers from Other University of California Locations. Career employees transferring from another University of California (UC) location who are not subject to a probationary period may be considered for an increase if a completed six-month performance evaluation justifies a salary increase, the employee was not eligible for an October merit increase, and merit guidelines and salary relationships within the division, department, and Berkeley Lab support an increase.
    13. Multiple Increases in a Single Fiscal Year
      1. An employee's total base salary increase in a single fiscal year (including, for example, merit, promotional, and equity increases) must not exceed 25 percent unless approved by the Associate Laboratory Director or the Deputy Laboratory Director for Operations. If more than one salary adjustment takes place on the same date, actions occur in the following order:
        1. Salary-range adjustment (if applicable).
        2. Merit increase.
        3. Salary action resulting from posted promotion, non-posted promotion, or equity adjustment.
    14. Administrative Stipend for Temporary Assignments. A temporary assignment occurs when an employee is temporarily assigned responsibilities of a higher-level position on a full-time basis, or assigned other significant higher-level duties in addition to the employee's regular duties. An employee in a temporary assignment may be paid a stipend. The temporary assignment stipend can be the greater of (1) the amount needed to bring the total compensation (base salary + stipend) to the minimum of the higher-level job, or (2) 15 percent of the employee's base pay. The base pay plus stipend cannot exceed the maximum of the rate range of the employee's temporary job classification. The stipend is removed at the end of the temporary assignment or two years from the stipend's inception, whichever comes first. The Associate Laboratory Director or the Deputy Laboratory Director for Operations must approve administrative stipends.
      1. For UC employees hired into a Berkeley Lab Faculty Appointment (see the Appointments, Faculty policy) who assume scientific management responsibilities, the stipend may exceed two years but may not exceed the duration of the faculty employee's assignment.
      2. UC employees hired into a Berkeley Lab Faculty Division Director appointment may be paid a stipend of up to 30 percent of their annualized base salary figure (calculated per University of California guidelines) for the duration of the assignment.
      3. Back to Back or Multiple Administrative Stipends for Temporary Assignments are an exception to policy and will be reviewed by the Compensation and Benefits Manager, and may require additional approvals depending on the circumstances. See Section B of this policy concerning exceptions.
    15. Restrictions
      1. Appointments of employees holding positions at more than one UC location may not total more than 100 percent time.
      2. An employee who is appointed at 100 percent time cannot receive additional compensation from UC for any work or services related to the employee's appointment, regardless of source or type of payments. Exceptions to this policy are any ancillary pay components as defined by the Overtime and Extended Workweek policy; payments for teaching regularly scheduled UC Extension courses, whether or not they are related to the employee's appointment and outside the employee's normally scheduled hours; and administrative stipends payable under Section D.14, "Administrative Stipend for Temporary Assignments," above.
      3. Refer to the Appointments, Faculty policy for joint or shared faculty.

    E. Roles and Responsibilities

    Role

    Responsibility

    Chief Human Resources Officer (CHRO)

    Has the functional responsibility for this policy

    Compensation Department

    Has the responsibility to advise management, the divisional HR Field, and employees on how to comply with this policy. Compensation also has the responsibility to review and approve actions in accordance with this policy as necessary.

    Employees

    Have the responsibility to adhere to the provisions of this policy

    HR Division

    Has the responsibility to advise management and employees on how to comply with this policy

    Managers and Supervisors

    Have the responsibility to adhere to the provisions of this policy

    Roles, responsibilities, authority, and accountability are documented in applicable procedures.

    F. Definitions/Acronyms

    Term

    Definition

    CBA

    Collective bargaining agreement

    CHRO

    Chief Human Resources Officer

    Demotion

    The change of an individual employee from one position to another position due to a disciplinary or performance action, resulting in a lower salary-range maximum

    GSRA

    Graduate Student Research Assistant

    Lateral Transfer

    The change of an employee from one position to another in the same classification or in another classification with the same salary-range maximum

    Downgrade

    When an employee moves to a job classification resulting in a lower salary-range maximum. If the downgrade is voluntary and results in the employee's salary being above the maximum of the new range, the current salary may be maintained ("red-circled").

    Posted Promotion

    When an employee accepts an offer of a posted position at a higher salary-range maximum

    Non-posted Promotion

    The change of an employee from one position to another in a classification having a higher salary range maximum.

    Temporary Assignment

    A temporary assignment occurs when an employee is temporarily assigned responsibilities of a higher-level position on a full-time basis or assigned other significant higher-level duties in addition to their regular duties.

    Red-Circled

    An individual pay rate that is above the established salary range maximum. The employee is usually not eligible for further base pay increases until the range maximum surpasses the individual pay rate.

    G. Recordkeeping Requirements

    Role

    Responsibility

    Human Resources Division

    Is responsible for maintaining all employee records

    H. Implementing Documents

    None

    I. Contact Information

    For more information, employees may contact their division's HR Field team. Feedback on HR policies or procedures is welcomed.
    Send comments to [email protected].

    J. Revision History

    Date

    Revision

    By Whom

    Revision Description

    Section(s) Affected

    Change Type

    1/2/2012

    0

    M. Bello

    Re-write for wiki (brief)

    all

    Minor

    9/24/2012

    1

    M. Bello

    Re-write for wiki (policy)

    all

    Minor

    7/17/2013

    2

    M. Bello

    Revised Administrative Stipend for Temporary Assignments

    Policy (D)(15)

    Major + 30 days

    2/27/2018

    3

    P. Montano

    Revised for clarity

    all

    Major +30 days

    12/16/2020

    3.1

    D. Soustin

    Updated Contract 31 I clause numbers as per mod 1105

    Source Requirements Documents

    Editorial

    4/12/2022

    3.2

    W. Crosson

    • Updated links
    • Removed reference to the Rehired Retiree employee classification no longer in use since UCPath implementation
    • In light of Assembly Bill 168 (AB 168) and to align with UC policy, language added to state that Berkeley Lab will not request or rely on an applicant's or candidate's salary history in determining salary or whether to offer employment
    • Removed existing gendered pronouns and replaced with gender-neutral language

    All

    Minor

    DOCUMENT INFORMATION

    Title:

    Compensation

    Document number

    02.06.001.000

    Revision number

    3.2

    Publication date:

    4/12/2022

    Effective date:

    4/12/2022

    Next review date:

    4/12/2027

    Policy Area:

    Compensation and Work Hours

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    None

    Functional Division

    Human Resources

    Prior reference information (optional)

    RPM Chapter 2.06 (A)

    Source Requirements Documents

    Source

    Document Number & Effective Date

    Document Title

    California


    California Labor Law and Regulations

    DOE

    DE-AC02-05CH11231, Sec. J, App. A

    Advanced Understandings on Human Resources

    DOE

    Contract 31 (H.21)

    Employee Compensation: Pay and Benefits

    DOE

    Contract 31, Clause I.041

    FAR 52.222-11, Subcontracts (Labor Standards) (May 2014) (prev. I.022)

    DOE

    Contract 31, Clause I.130

    DEAR 970.5222-2, Overtime Management (DEC 2000) [SC alternate APR 2018] (prev. I.085)

    DOE

    Contract 31, Clause I.040

    FAR 52.222-4, Contract Work Hours and Safety Standards Act – Overtime Compensation (MAY 2018) (prev. I.021)

    Federal


    Equal Pay Act

    Federal


    Fair Labor Standards Act (FLSA)

    Federal


    Fair Minimum Wage Act

    UCOP

    PPSM 30

    Compensation

    Implementing Documents

    None

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