Compensation Compliance

Within Compensation there are several policies, procedures, and levels of authority for approval that the campus must be in compliance with. Personnel Policies for Staff Members (PPSM) are system-wide policies and procedures issued by the Office of the President. PPSM applies to all staff employees whose positions are not otherwise governed by a collective bargaining agreement.

Many policies have supplemental procedures that are specific to the Berkeley campus. Each policy should be read in conjunction with the corresponding Berkeley Implementing Procedure.  

If you have any questions about whether you are covered by PPSM or by a labor contract, please contact your supervisor.

Policies and Procedures related to Compensation and Classification:

PPSM 30 Compensation - The following procedure should be read in conjunction with PPSM 30

PPSM 36 Classification of Positions - The following procedure should be read in conjunction with PPSM 36

PPSM 3 Types of Appointments

Salary Setting Authority

For PPSM-Managers & Senior Professionals (MSP) and PPSM-Professional and Support Staff (PSS) positions:

  • Authority for salary setting up to the midpoint of the salary range is delegated to the hiring department. Internal departmental processes should be followed. Authority above midpoint of the salary range may require approval from the Vice Chancellor or delegated Dean based on the following:  Salary Setting Authority Matrix for Above Midpoint Salaries

Consult with the Compensation Unit, as needed, for salaries above midpoint.

For positions covered under bargaining contracts:

Please refer to the bargaining unit contract for specific salary setting guidelines. Questions? Contact Labor Relations.

A salary action not approved within the following timeframes is considered retroactive and is an exception to policy that must be approved in accordance with the Approval Authority Matrix for Salary Actions Applicable to Staff Employees. For employees in the Managers & Senior Professionals personnel group whose total cash compensation is greater than the Indexed Compensation Level: within 45 calendar days of the date the action is effective. For all other employees covered by this policy: within six calendar months of the date the action is effective. https://policy.ucop.edu/doc/4010400/PPSM-30

Minimum Wage

The City of Berkeley minimum wage includes:  

  • At least $15.00/hour beginning October 1, 2018

UC’s Fair Wage/Fair Work plan established the following minimum wage rates for UC employees.

Additional Information is available at ucal.us/fairwage.

Note: As of October 1, 2018 the City of Berkeley minimum wage aligns with the UC Fair Wage/Fair Work minimum wage. All employees working in the City of Berkeley are required to earn a minimum of $15/hour wage.


For additional information visit the UCOP website.

Stipend Guidelines

An administrative stipend may be paid when a career employee is temporarily assigned the duties of a position in a higher salary grade (defined by salary range midpoint), or when other significant new projects or duties, that are not part of the employee’s regular position, are assigned for a minimum of 30 working days (six weeks) up to a maximum of 12 months in duration.

Stipends should be processed as a percentage of the employee’s monthly rate of pay.

It is management’s responsibility to ensure that the temporary assignment does not exceed 12 months. An extension of a stipend beyond 12 months requires the approval of the Compensation department.

 

For contract appointment and limited appointment employees, change the contractual rate of pay and/or increase the employee’s FTE percentage.

 

The amount of the administrative stipend shall not exceed the amount of salary increase that could be received by an employee if she/he were to receive a permanent promotion to the higher level title, which is typically up to 15%. When recommending an administrative stipend, managers should consider potential internal equity issues.

 

Administrative Stipends up to 5% are recommended for:

·       Employees temporarily performing higher level duties up to 10% time;

·       work is lateral but considerably different and outside the scope of the current position and requires up to 10% additional time;

·       work is lateral but supervision of 3 or more FTE is added;

Administrative Stipends up to 10% are recommended for employees temporarily performing higher level duties up to 20% time.

Administrative Stipends up to 15% are recommended for employees temporarily performing higher level duties 20% or more time.

 

Stipends that exceed 15% and/or one year in duration have been previously audited by the UC Regents. Compensation strongly recommends that stipends be capped at 15%.

The sum of the individual’s salary plus the stipend cannot exceed the salary range maximum of the higher level position.

 

Assignment of temporary duties at a lower level (defined by salary range midpoint) does not warrant a stipend.

Administrative Stipends should not be provided for:

·    Assignment of duties at a lower level;

·    Additional duties assigned to cover short periods of vacation or other leave;

·    Periodic increases in volume when the nature/complexity of duties is at the same level;

·    Providing a “training opportunity” to develop an employee’s skills and competencies to perform higher level duties; or,

·    When the temporary work being provided would change the FLSA exemption status of the incumbent from non-exempt (typically P2 level) to exempt (typically P3 level). In this case, please request a temporary reclassification of the position.


Consult with the Compensation Unit, as needed, for questions related to stipends.

Fair Labor Standards Act (FLSA)

The federal Fair Labor Standards Act (FLSA) regulates whether an employee is overtime-eligible (Non-Exempt) or overtime-exempt (Exempt). Previously, employees who are classified as overtime-exempt must earn at least $455 per week. Beginning December 1, 2016, to be exempt, the FLSA required that a staff employee satisfy the duties test and earn at least $913 per week, or $47,476 per year.

Staff appointments adhere to the FLSA salary threshold of $913/per week ($47,476/per year) until further notice.

The UC Committee on the DOL FLSA project are assessing next steps for staff appointments. Once a decision is made it will be communicated to UC locations. For questions related to FLSA status of staff appointments, please contact compdesk@berkeley.edu.

For additional information on determining FLSA status of an employee click here.

Dual Appointments

Dual appointments are rare; they are only permitted on an exception basis, provided that all the required criteria are met, including approvals coordinated through Central HR Employee Relations. For additional information related to dual appointments and the review/approval process click here.

Salary History - Assembly Bill 168

On October 12, 2017, Governor Brown signed into law Assembly Bill 168 (AB 168), which prohibits employers from inquiring into an applicant's salary history, effective January 1, 2018. The legislation is intended to address inequity in pay practices based on gender, race, color, religion, sex, national origin, disability, age, protected veteran status, gender identity, or sexual orientation. Given the University's institutional values and commitment to ensuring equal pay, the University is taking steps to align our practices with the provisions in this new law.

For additional information visit the UCOP website.

Salary increase decisions for internal and external hires should be based on a predetermined targeted, or budgeted, salary. The candidate’s skills, knowledge and experience, as well where the proposed salary is in relation to peers of the same classification, should be further evaluated. Next calculate the increase amount.  For additional salary placement guidelines see our associated webpage.

Control Unit Administrators Review of Classification Requests

Detailed information about the classification process can be found in Chapter 3 of our Guide to Managing Human Resources, including:

 

MSP REVIEW PROCESS

There is a separate review process for positions in the Management and Senior Professional Program (MSP):

Purpose: Senior-level positions in the MSP Program are reviewed by the Vice Chancellors to ensure their support of the classification review, and conditionally the changes to the position and organizational structure, but not necessarily for the level requested. The Control Unit Administrator (CUA) facilitates this review with the Compensation Consultant. Their review provides campus-wide consistency in the classification of management-level positions.

Process: The appropriate HR Partner submits all requests from the department (new and reclassifications) to the CUA and/or Compensation as indicated below. If the request is for a reclassification, the HR Business Partner copies compdesk@berkeley.edu.

Control Units (CUA):

Prof 3, 4, 5
(MSP level only)

Manager 1

Manager 2

Manager 3

Manager 4

Chancellors Immediate Office:
Wanda Ellison Crocket -
wellisoncrockett@berkeley.edu

CUA

CUA

CUA

All CUA's

All CUA's

Exec Vice Chancellor & Provost:
Dana Jantz -
jantz@berkeley.edu

CUA

CUA

CUA

All CUA's

All CUA's

VC - Undergraduate Education:
Monica Garcia -
mmgarcia@berkeley.edu

CUA

CUA

CUA

All CUA's

All CUA's

VC - Administration:
Ann Jeffrey -
ajeffrey@berkeley.edu

Comp

Comp

Comp

All CUA's

All CUA's

VC - Finance:
Rosemary Kim -
rosemarykim@berkeley.edu

CUA

CUA

CUA

All CUA's

All CUA's

VC - Equity & Inclusion:
Debbie Fong -
dafong@berkeley.edu

CUA

CUA

CUA

All CUA's

All CUA's

VC - Research:
Laura Mays -
redbeard@berkeley.edu

CUA

CUA

CUA

All CUA's

All CUA's

VC - Student Affairs:
Susan Roach -
sroach@berkeley.edu

CUA

CUA

CUA

All CUA's

All CUA's

VC - University Relations:
Loraine Binion -
lbinion@Berkeley.edu

CUA

CUA

CUA

All CUA's

All CUA's

Delegations of Authority for PPSM 30 Policy Exceptions

Delegations of Authority Per Revised PPSM 30 (as of April 2015)

 

Section Number

Topic

Current Delegation

Delegation

30 - B 1 C

Salary Over Range Maximum

Vice Chancellors

Vice Chancellors

30-B 6

Retroactive Salary Increases

Director of Total Rewards

Director of Total Rewards

30 - B 7

Meals and Housing Perq's

AVC HR

AVC HR

30 - B 8

Additional Cash Compensation

AVCHR

AVC HR

30-B 9

Stipends

Departments

AVC HR for over 25% and/or two years

30- B 10

Dual Employment

AVC HR

AVC HR

Classification Requests for Procurement, Fundraiser, and EH&S positions

Berkeley Internal Procedures

Procurement positions; Compensation consults with Procurement to determine the appropriate classification for the position.

Fundraising positions (Professional 4 level and above): Compensation consults with University Development and Alumni Relations to determine the appropriate classification for the position.

EH&S positions; Compensation consults with EH&S to determine the appropriate classification for the position.

Public Records Requests

Accessing Public Records
The purpose of the California Public Records Act (CPRA) is to promote “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.” (California Government Code Section 6250)

Accessing Your University Records
The California Information Practices Act (IPA) (California Civil Code Section 1798) codifies the right to privacy guaranteed in the California Constitution (Article I, Section 1).

Review the Public Records FAQs here.

Waiver of Recruitments

A waiver of recruitment is an exception to the recruitment policy, allowing a specific individual with unique skills to be hired without listing the position for open recruitment and advertisement. It is preferable to list all positions through the TAM system to allow equal access and opportunities for applicants. For more information about the waiver of recruitment approval process click here.

Working Titles

With the exception of Associate and Assistant Vice Chancellor titles, working or business titles are determined by the department.

For Associate and Assistant Vice Chancellor titles, please consult the Guidelines for Using Associate and Assistant Vice Chancellor Titles.

Employee Relations Codes (ERC) Confidential vs Non-Confidential

Confidential ERC designations

B - Manager, confidential

D - Supervisor, confidential

F - All Others, confidential

Any employee who develops or presents management positions with respect to collective bargaining with unions, OR Any employee whose duties normally require access to confidential information which contributes significantly to the development of management positions with respect to collective bargaining.

"Confidential" designation for the ERC does not include dealing with other types of confidential materials (i.e. salary information and/or social security information). Access to personnel files does not, in and of itself, mean that an employee's ERC is confidential, unless that access is used to develop management positions with respect to collective bargaining. 

Note: Except for specific employees in Central Human Resources office, the Chancellor's Office, and those who directly support the Vice Chancellors, the use of the "Confidential" designation (i.e. B, D, or F) should occur only rarely and require pre-approval by Labor Relations.

If you have any questions regarding the use of Employee Relation Codes, please contact Labor Relations or Compensation for clarificationIt is critical that these codes be correctly determined and accurately entered into the UC Path system.

The confidential ERC values may only be used for employees that meet the definition of "confidential employee" as it is stated in the Higher Education Employer-Employee Relations Act (HEERA) of 1978.

Non-Confidential ERC designations:

A - Manager, not confidential 
C - Supervisor, not confidential 
E - All Others, not confidential
Note: Student employees in non-academic assistant titles (job codes: 004921, 004920, 004919_ should have ERC "E" designation. 

See HR Systems: Codes & Values web page for more information on Employee Relations Codes.