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April 3, 2023 CASE Files (Special Edition)

This email was sent to impacted Attorney, DAG, and related class incumbents in Ranges A, B, and C.

We’re pleased to share with you that the State Controller today issued the pay letter necessary to implement the range change differential CASE secured for you in negotiations with CalHR. This differential applies to those in specified Attorney classifications in ranges A, B, and C. As you may recall, CalHR’s missteps during the implementation of the SPB-approved Attorney Class Consolidation project led them to seek SPB’s approval to delay the implementation of changes to various Unit 2 positions from February 1 to June 1, 2023. 

That change would have delayed your move into a higher range under the updated alternate range criteria approved with the class consolidation – an outcome we found unacceptable. 

CASE refused to support CalHR’s request to delay implementation unless they met us at the table to negotiate a side letter agreement that, among other benefits and corrections to this situation, guarantees you a 5% differential during this period of delayed implementation. The differential required legislative approval and State Controller action which has now occurred and the pay letter greenlighting the processing of these differentials issued today.

What can you expect next:

  • Each department must key changes into their payroll system to apply the differential to the months of April and May and to process back pay of the differential for the months of February and March.
  • CASE will augment CalHR’s department communication by contacting each department with a list of affected employees and asking them to prioritize keying the necessary changes. 
  • You should see a check issued for back pay for February and March.
  • If departments key changes in a timely manner, you should see the differential applied to your April and May regular pay warrants (if departments are inefficient, you’ll see additional back pay issue). 
  • As of June 1, departments will change your range in accordance with the new alternate range criteria that becomes effective as of that date and you’ll move into your new Range.

Read on for answers to frequently asked questions about this process. 

FAQ:

Q: When can I expect to see my back pay for February and March
A: Because each department must individually key changes for its employees, we don’t have a set date to share. Rest-assured that CASE will continue reminding Departments of their responsibility to process the necessary changes. 

Q. What about April and May?
A. April and May differentials should be included in your regular pay warrant for those months. If departments don’t key the required changes on time, then you may see the differential as back pay instead. CASE will be working hard to see that all Departments key changes in a timely manner. 

Q. What happens after May?
A. As of June 1, the new range criteria will be in effect and you will be moved into your new range. CASE will also be working with CalHR and all departments to ensure that the changes required to formally move you to your new range are also keyed in a timely manner. It is possible that some departments may not key changes on time. If that happens, you will still be owed back pay to ensure that you receive all of the increased pay you are owed. 

Q: What happens to the Range Criteria on June 1?

April 3, 2023 CASE Files (Special Edition)

Q. What happens if I changed ranges between February 1 or will be due a range change under the current criteria before June 1?
A. If you are due to move to a higher range during this delayed implementation period, your department should still move you to the higher range at the appropriate time. Your base salary will increase 5% and if you move into Range B or C, then the 5% differential should be applied on top of your newly calculated, higher-range salary.  Remember: if you will be due for a merit salary adjustment on your anniversary date within 6 months of qualifying for a range change, you can (and should) request to delay your range change. That way, you can have your 5% MSA applied first, and then your 5% range change calculated on top of that. If you move ranges first, then your anniversary date resets and you miss a compounded 5% increase. Confused about timing? Contact CASE. 

Q. What happens if I am promoted to an Attorney III or other higher-paid position during this delayed implementation period between February 1 and June 1?
A. Thanks to CASE’s advocacy during side letter negotiations, if you are promoted during this period of time, your salary in your new position will be calculated on your prior salary including the 5% differential. 

Q. To which classifications does this differential apply?
A. Incumbents in Ranges A, B, and C in the following classifications will receive the differential:

April 3, 2023 CASE Files (Special Edition)

Q. What if I still have questions?
A. Contact us as case@calattorneys.org

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