Section 19827.2 Of Article 3. Salary Classification From California Government Code >> Division 5. >> Title 2. >> Part 2.6. >> Chapter 2. >> Article 3.
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 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
for female-dominated jobs on the basis of comparability of the value
of the work.
(b) The department shall review and analyze existing information,
including those studies from other jurisdictions relevant to the
setting of salaries for female-dominated jobs. This information 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) For the purpose of implementing this section, the following
definitions apply:
(1) "Salary" means, except as otherwise provided in Section
18539.5, 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.
(d) 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.