West Virginia Code 18B-9A-6 – Salary structure and salary schedules
(a) The commission and council shall develop and maintain a classified salary schedule and ensure that all organizations under their respective jurisdictions adhere to state and federal laws and duly promulgated and adopted organization rules.
Terms Used In West Virginia Code 18B-9A-6
- Classification system: means the process by which jobs, job titles, career ladders and assignment to pay grades are determined. See West Virginia Code 18B-9A-2
- commission: means the commission created by §. See West Virginia Code 18B-1-2
- Council: means the West Virginia Council for Community and Technical College Education created by §. See West Virginia Code 18B-1-2
- employee: means a regular full-time or regular part-time employee of an organization who: (i) does not meet the duties test for exempt status under the provisions of the Fair Labor Standards Act. See West Virginia Code 18B-9A-2
- Job: means the total collection of tasks, duties and responsibilities assigned to one or more individuals whose work is of the same nature and level. See West Virginia Code 18B-9A-2
- Organization: means the commission, the council, an agency or entity under the respective jurisdiction of the commission or the council or a state institution of higher education as defined in section two, article one of this chapter. See West Virginia Code 18B-9A-2
- Pay grade: means the level to which a job is assigned within a job worth hierarchy as a result of job evaluation. See West Virginia Code 18B-9A-2
- rules: means a regulation, standard, policy, or interpretation of general application and future effect. See West Virginia Code 18B-1-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) The classified salary schedule serves as the basis for the following activities:
(1) Evaluating compensation of classified employees in relation to appropriate external markets; and
(2) Developing the minimum salary per pay grade to be adopted by the commission and council.
(c) The classified salary schedule shall meet the following criteria:
(1) Sets forth the number of pay grades to be included in the structure;
(2) Includes a midpoint value for each pay grade which represents the average market rate of pay for jobs in that pay grade. The commission and council may choose a midpoint value that is not based exclusively on market salary data; and
(3) Includes minimum and maximum pay range values based on an established range spread.
(d) The commission and council jointly shall use workforce compensation data provided by Workforce West Virginia and other compensation data as is readily available from national recognized sources, including compensation data of CUPA-HR, to establish the appropriate external market conditions of classified positions. The commission and council, in consultation with the Compensation Planning and Review Committee, may take any combination of the following actions:
(1) Adjust the number of pay grades and the point values necessary to validate the result of the classification system and the job worth hierarchy with the market;
(2) Adjust the midpoint differentials between pay grades better to reflect market conditions; or
(3) Adjust the range spread for any pay grade.
(e) The commission and council jointly may perform an annual review of market salary data to determine how salaries have changed in the external market. Based on data collected, the commission and council jointly, in consultation with the Compensation Planning and Review Committee, shall adjust the classified salary schedule if changes are supported by the data.
(f) Annually, the commission and council may approve a minimum salary amount that sets forth a compensation level for each pay grade below which no organization employee may be paid, subject to available funds.
(1) The minimum salary amount for each pay grade on the classified salary schedule is determined by applying a percentage determined after analysis of the market and existing compensation levels to the annual market salary data. The commission and council may take into consideration other factors they consider appropriate.
(2) The salary of an employee working fewer than thirty-seven and one-half hours per week shall be prorated.
(g) The organization rule promulgated pursuant to subsection (c), section seven of this article may provide for differential pay for certain employees who work different shifts, weekends or holidays.