Legal Question in Employment Law in California

Discrimination based on Job description/title

A re-classification study was performed for the L.A. Superior Court. Those employee's performing the exact same job title in district courts were not given a change in pay, nor the new job classification? However, those in the civic center area, downtown courts were given the new title, and a raise in pay? We are all doing the same job regardless of quantity? What recourse of action can we take in order to get the same pay for the same exact job we are aleady doing? Our Union, has dropped the ball, so I am not sure where to go from here? Human Resources has said it is too late to file any appeals. Please answer as soon as possible? Thank you for your time.


Asked on 1/06/06, 6:05 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Discrimination based on Job description/title

You are comparing two completely separate judicial systems. The L.A. Superior Court is a state court, subject to state rules. The district courts are federal. Just because the state courts have given pay increases to certain positions doesn't mean the federal courts must do the same. This is negotiatable with the respective bargaining units.

If you believe you have been misclassified with respect to being considered exempt vs. non-exempt, that is a different matter and you could contact the U.S. Dept. of Labor or an attorney who handles federal government cases to look into the matter.

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Answered on 1/10/06, 12:34 pm


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