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    Title:

    Compensation

    Publication date:

    2/27/2018

    Effective date:

    3/1/2018

    BRIEF

    Policy Summary

    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 Laboratory goals.

    Who Should Read This Policy

    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 Human Resources (HR) Center. Feedback on HR policies or procedures is welcomed.

    Send comments to hrpolicies@lbl.gov.

    Title:

    Compensation

    Publication date:

    2/27/2018

    Effective date:

    3/1/2018

    POLICY

    A. Purpose

    The Compensation policy establishes, maintains, and administers a compensation plan for positions covered by this policy. This policy provides information surrounding various salary actions at Lawrence Berkeley National Laboratory (Berkeley Lab).

    B. Exceptions

    Requests for exceptions 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 minimum, approval by the Compensation and Benefits Manager. Depending on the circumstances, some exceptions may require Chief Human Resources and Diversity Officer (CHRO), Laboratory Director, University of California Office of the President (UCOP), and/or Department of Energy (DOE) approval.

    C. Persons Affected

    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. 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. 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 and Rehired Retiree appointments are eligible for salary increases to the minimum of the salary range for their job classification.
        2. Salary increases for employees holding Graduate Student Research Assistant (GSRA), Student Assistant, Visiting Researcher, Limited, and Rehired Retiree 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 the Laboratory. 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 the Laboratory 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 the Laboratory 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 his or her 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 Faculty Appointments 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 Workweeks and Shift Differentials & Call-in Pay policies; 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 Faculty Appointments policy for joint or shared faculty.

    E. Roles and Responsibilities

    Role

    Responsibility

    Chief Human Resources and Diversity Officer (CHRO)

    Has the functional responsibility for this policy

    Compensation Department

    Has the responsibility to advise management, divisional HR Centers, 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 Department

    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 and Diversity 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 Department

    Is responsible for maintaining all employee records

    H. Implementing Documents

    None

    I. Contact Information

    For more information, employees may contact their division's Human Resources (HR) Center. Feedback on HR policies or procedures is welcomed.

    Send comments to hrpolicies@lbl.gov.

    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

    DOCUMENT INFORMATION

    Title:

    Compensation

    Document number

    02.06.001.000

    Revision number

    3

    Publication date:

    2/27/2018

    Effective date:

    3/1/2018

    Next review date:

    3/1/2021

    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

    Department of Energy (DOE)

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

    Advanced Understandings on Human Resources

    Department of Energy (DOE)

    Contract 31 (H.21)

    Workforce Transition, Contractor Compensation, Benefits and Pension

    Department of Energy (DOE)

    I.22

    FAR 52.222-11, Contract Work Hours and Safety Standards Act – Overtime Compensation

    Department of Energy (DOE)

    I.85

    DEAR 970.5222-2, Overtime Management

    Department of Energy (DOE)

    I.21

    FAR 52.222-4, Contract Work Hours and Safety Standards Act – Overtime Compensation

    Department of Energy (DOE)


    FY13 Re-certification of Lawrence Berkeley National Laboratory's Compensation System

    Federal


    Equal Pay Act

    Federal


    Fair Labor Standards Act (FLSA)

    Federal


    Fair Minimum Wage Act

    University of California Office of the President (UCOP)

    PPSM 30

    Compensation

    Implementing Documents

    None

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