Each of the four Student Assistant series levels has a defined pay range. Departments should consider the title and salary level provided to limited or career staff performing similar work, the knowledge, skills and abilities the student employee brings to the position, and the departmental budget.
Actions taken for employees represented by bargaining units must still be in accordance with the contract language covering the situation.
More than 25%, i.e., 25.1% or higher.
Say, for example, that an employee is moving from a salary grade 18 position to a grade 17 position. Is it acceptable to provid
No, moving from a salary grade 18 to a grade 17 position is considered a downward reclassification or a demotion, not a lateral transfer, since the midpoint of the grade 17 salary range is lower than the midpoint of the grade 18 salary range.
Who has the authority to approve a reclassification or promotional or lateral transfer salary increase and what is the maximum increase they can offer?
The department head (or designee) may approve reclassification/promotional and lateral transfer salary increase requests up to and including the midpoint of the range for a position without steps and up to step 3 for a position with steps. To ensure that salary decisions receive all due consideration, each Vice Chancellor will continue to have the authority to approve salaries above the midpoint of the range for Professional and Support Staff (PSS) positions and Management and Senior Professional (MSP) positions. However, each Vice Chancellor has the authority to further delegate that authority within his or her control unit.
The Compensation Unit is available to provide guidance to managers and supervisors who are making decisions about salaries, for external market salary comparisons and internal equity considerations based upon availability of information. If you have questions about your own salary range, please talk to your manager or supervisor. (For more information, see Salary ranges.)
No, lateral transfer salary increases are not automatic. A lateral transfer salary increase may be given upon movement to a position that was openly recruited. A manager should consider the skills the employee brings to the new position, relevant external market comparisons, internal equity, and departmental budget considerations. The department offering the lateral transfer may make one salary offer. The transferring employee's current department can counter-offer if it chooses, but one time only, to avoid bidding wars. As in the case of other salary offers, managers will want to consider the criteria discussed above. A manager may have the funds to offer a salary up to the range midpoint, or even to request approval of an over midpoint salary from the relevant Vice Chancellor. But in doing so, the manager will also want to avoid creation of inequities with others in the unit.
The Compensation Unit is available to provide guidance to managers and supervisors who are making decisions about salaries, for external market salary comparisons and internal equity considerations based upon availability of information. If you have questions about your own salary range, please talk to your manager or supervisor. (For more information, see Salary Ranges.)
An employee's new salary after a reclassification or promotion depends on a number of factors, including external market comparisons, internal equity, departmental budget considerations, the employee's performance, and the knowledge and skills the employee brings to the position.
A lateral transfer is movement to another position with the same salary range midpoint. A lateral transfer may occur within a department, or between departments on the Berkeley campus, or between campuses.
Why is a student employee unable to access CalTime, or submit time through CalTime since picking up a Reader/Tutor/GSI/GSR appointment?
CalTime is currently not designed to permit Exempt employees to report hours worked nor designed to import Reader/Tutor/GSI/GSR appointments. The student will need to submit time via a manual timesheet that the assigned HR or timekeeper contact can provide to them.
Exempt monthly paid employees only record full shifts missed as leave without pay. Exempt monthly paid employees do not record hours worked. Non-exempt employees record all time worked and all time taken off in fifteen minutes increments.
Can students or employees no longer hold multiple part-time positions if the FLSA and pay schedules are different?
Students and part-time employees can continue to hold multiple part-time positions for which they are qualified as long as the FLSA and pay schedules are reviewed and adjusted to one FLSA of either Exempt or Non-exempt, along with one pay schedule of either monthly or bi-weekly, as determined by the FLSA exemption. The HR or AP Partners consult with the hiring manager about the FLSA status along with pay schedule. In some instances, a department may not be able to adjust the FLSA for a position with variable hours from Non-exempt to fixed appointment percentage of Exempt status, in which case the hiring manager and student should have a discussion of whether or not the student would want to continue in the Non-exempt position, or choose to work in the Exempt position. Students and supervisors should discuss the student’s work schedule availability, along with the department’s staffing needs prior to the job being offered to avoid any confusion with FLSA and pay schedule conflict.
Why are some Student Assistants now paid monthly instead of bi-weekly, and why do they need to submit monthly timesheets instead of being able to use CalTime?
With the transition to UCPath, employees and students have to be paid on one pay schedule, either monthly or bi-weekly. In addition to this, the Fair Labor Standards Act (FLSA), requires that employees can only have one FLSA status with an employer, either Exempt (salaried), or Non-exempt (hourly, eligible for overtime). In determining a FLSA exemption, HR staff have to review the duration and percentage of appointment during the semester, along with the duties of the positions to determine the appropriate FLSA exemption. If the primary position held by a student is that of an Exempt GSI, Reader, or Tutor, and paid monthly, then in most cases, any additional positions the student picks up will also need to be set up to be paid monthly Exempt, and the student will need to submit a manual timesheet for the Student Assistant position. Currently, CalTime is not configured to record hours for Student Assistant positions if the student also holds a position in a graduate student title.
Can a Tutor at the Athletic Study Center or at the Student Study Center, pick up a Student Assistant position and still remain on bi-weekly payroll?
If a Tutor at the above Centers are currently being paid as bi-weekly, Exempt employees, then in most instances any additional Student Assistant position they pick up will need to also be set up as a bi-weekly, Exempt hourly position. The student will need to submit a manual timesheet in order to be paid. All time worked will need to be submitted on the timesheet in hours. Additional information about submitting hours worked will be shared once the campus or UCPath has developed another solution.
Are employees on Family Medical Leave (FMLA) and/or Pregnancy Disability Leave (PDL) subject to a change in FLSA status due to a percentage time change?
Exempt employees covered by the Family Medical Leave Act (FMLA) and Pregnancy Disability Leave (PDL) are exempt from the new FLSA threshold rate and do not need to be changed to nonexempt.
Is an employee who returns to work on a part-time basis, as a result of being on a partial workers compensation leave, subject to a change in FLSA status?
No, these situations are treated as a temporary reduction in time and are exempt from the FLSA threshold rate and do not need to be changed to nonexempt.
Are employees who are not covered by Family Medical Leave Act (FMLA) subject to a change in FLSA status if they request a reduction in work schedule?
Exempt employees, not covered by the Family Medical Leave Act (FMLA), who request an on-going reduction in work schedule under ADA that puts their earnings below the FLSA threshold rate are not exempt from the new FLSA threshold and should be changed to nonexempt or their part-time work schedule should be adjusted to bring them above the FLSA threshold rate, if possible.
The federal Fair Labor Standards Act (FLSA) regulates whether an employee is overtime-eligible (“non-exempt”) or overtime-exempt (“exempt”). Most employees covered by the FLSA must be paid at least the minimum wage and premium pay for any hours they work beyond 40 in a workweek. The minimum wage for California is currently $11 per hour. Some localities have adopted higher minimum wages. The FLSA does, however, exempt certain kinds of covered employees from the minimum wage and overtime requirements, including bona fide executive, administrative, and professional employees. To qualify for one of the executive, administrative or professional exemptions, an employee must be paid a predetermined salary that is above a certain amount and meet the applicable duties test.
Professors, lecturers, graduate student instructors, readers, tutors, teacher special programs, other teaching titles, doctors, medical residents, veterinarians and attorneys are not subject to either the salary basis or salary level tests. This means that these professionals are considered exempt regardless of the amount they earn for performing services.
Non-exempt, overtime-eligible employees must be paid no less than the minimum wage and a premium rate for any hours worked beyond 40 in a workweek. Hospitals are permitted to base FLSA overtime eligibility on either 40 hours in a workweek or 80 hours in a 14-consecutive day work period (the 8/80 option). If the University requires or permits an employee to work overtime, then it is generally required to pay the employee premium pay for such overtime work.
Now that I am a non-exempt, overtime-eligible employee, why am I required to record the number of hours I work each day?
The FLSA requires the University to keep certain records for each non-exempt, overtime-eligible employee, including records of the number of hours worked each day and the amount of wages earned. Talk to your manager or supervisor about local time reporting requirements.
Rehired retirees are also changing to non-exempt and overtime-eligible even if they earn over the threshold rate of $47,476 on a part-time basis. This population generally works varying hours and the time worked is more easily managed on a bi-weekly pay schedule.
You will receive a minimum of 26 and a maximum of 27 paychecks in a year. Because biweekly periods do not always line up exactly to the calendar year, there is often a biweekly pay period that crosses over from December to January. As a result, the gross pay reported on an annual W-2 tax form may not exactly match your annualized pay rate, and occasionally there will be 27 periods in one year.
For staff and academic employees, your accruals are based on your hours on pay status. If the time you work on pay status varies, then so will your accruals. Therefore, a full-time employee should expect to see the same accruals over the course of the year, while a part-time employee’s accruals may vary.
Accruals for biweekly employees are credited at the end of every two pay periods (every four weeks) based on hours on pay status during those two pay periods. Biweekly employees accrue 13 times in a calendar year, compared to 12 times for monthly employees. The accruals for each pay period are therefore smaller, but your annual vacation and sick accrual rate is the same.
There are two methods you can use to calculate your hourly rate (based on a 40-hour workweek):
- Method 1: Take your monthly salary rate and divide by 174 (the average number of working hours in a month). For example, if your monthly salary is $3250.00 per month: $3250.00 ÷ 174 = $18.68 per hour.
- Method 2: Take your annual salary and divide it by 2088 (the number of working hours in a year). For example, if your annual salary rate is $39,000.00 per year: $39,000.00 ÷ 2088 = $18.68 per hour.
It is important that you review your personal budget situation and determine your income needs based on the new biweekly pay schedule. In preparation for the conversion, we suggest that you take the following steps:
- Review your current tax withholding elections and make any necessary changes. Pay particular attention to additional tax withholding amounts.
- Review your current voluntary contributions to your 403(b) and 457(b) plans.
- If appropriate, request that third-parties adjust your automatic withdrawal or bill-pay dates to align with your new pay schedule.
A deduction holiday occurs when there are three biweekly pay periods in a month. During a deduction holiday, no flat-dollar deductions are taken from pay; only percent-based deductions are taken. Typically, deduction holidays occur twice a year, based on pay period end date. Pay dates with deduction holidays can be found on the biweekly pay schedule calendars.
I have a garnishment deduction. How will the transition to biweekly pay affect the amount deducted for my garnishment?
If the garnishment deduction is calculated as a percentage of your earnings, a deduction will occur each pay period, up to the maximum deduction allowed based on federal and state regulations. For example, if your garnishment deduction is 25 percent of your pay, that amount will be deducted each payday.
If the garnishment deduction is a fixed amount, the amount will be recalculated to a biweekly amount. That calculation is then divided into two payments. For example, a monthly $250 garnishment payment will become $125, deducted during each biweekly paycheck.
The UC mandatory retirement contributions, University of California Retirement Plan and the Defined Contribution Plan, are taken each biweekly payday.
Percentage deduction: If you set up your contributions as a percentage deduction, the percentage amount will be taken each paycheck (26 times a year). For example, if your current 403(b) contribution is 5 percent per month, a 5 percent contribution will be made each biweekly payday.
Flat Dollar deduction: If you set up your contributions as a fixed flat dollar amount, the flat dollar amount will be split in half, and one-half will be withheld per biweekly payday. For example, if your current 403(b) contribution is $100.00 per month, it will be divided into a $50.00 contribution each biweekly payday. For months with three paychecks, one paycheck will have no fixed flat dollar deductions taken.
If you have automatic bill pay set-up for any regular expenses, such as mortgage payments, student loan payments or car payments, we encourage you to work directly with your financial institution(s) to change payment dates as needed. As a biweekly employee, your pay dates vary since you are paid every other Wednesday.
If you have an additional tax amount deducted from your paycheck, that monthly amount will be split in half, and one-half will be withheld from each biweekly check. If you would like to adjust your additional withholding amount, please go to the At Your Service website and review and/or update your W-4/DE-4 Form. For other tax questions, please consult IRS and State Franchise Tax Board websites or contact a tax professional for help. For other tax questions, please consult IRS (https://www.irs.gov/) and State Franchise Tax Board (for California: https://www.ftb.ca.gov/) websites or contact a tax professional for help.
Who should I contact if I have questions regarding my FLSA classification or the biweekly pay cycle conversion?
For assistance, please contact your supervisor or your department's Human Resources and Academic Personnel Support (HR/APS) group. For departments who receive service from Berkeley Regional Services (BRS), use the Region Finder. Then, proceed to the HR section of the regional website to see who to contact for HR/APS support.
That depends on the scope of the work assigned and the duration of the assignment. Decisions are handled on a case by case base, in accordance with standard campus procedures governing the performance of work at a higher level for an appropriate period of time.
Yes. Employees may be re-assigned, depending upon the operational needs of the campus.
In an emergency situation, the duties and responsibilities will be determined by the unit management. It is expected that employees will work in their units and perform the tasks necessary to restore the department to operating status. Depending on the length of time and whether the person performs duties at a higher level, the person may be considered for a stipend or temporary reclassification.
Exempt employees (under the FLSA) are not eligible for additional pay, nor do they earn overtime.
Exempt employees are eligible for stipends if they perform work for an extended period of time outside their normal assignments (typically at a higher salary level).
Depending upon the nature of the disaster, the types of systems available, and length of time of work stoppage, we would pay employees the same as the previous pay period. Other factors that will be considered include timing of the disaster and the length of time functions are expected to be down.
Make checks payable to "UC Regents," and send them to the normal location:
Business Services - Insurance Section
University of California
2195 Hearst Ave #120
Berkeley, CA 94720-1104
If the Berkeley campus is shut down, payments should be sent to the Office of the President unless the disaster is affecting them as well:
UC Human Resources & Benefits
Health & Welfare Administration
PO Box 24570
Oakland, CA 94623-1570
Payments will be made as regularly scheduled unless the disaster requires a change.
If the direct deposit system is available, staff will continue to be paid in that manner.
Payments, payable to "UC Regents," should be sent to the normal location unless other instructions are announced:
Business Services - Insurance Section
University of California
2195 Heast Ave #120
Berkeley, CA 94720-1104
If email is still running, emails giving pertinent information would be sent out. Website communications would be used if available as well.
Normal dates will be adhered to unless the disaster requires changing the dates.
Employees will be paid on the next regular pay day.