Legal Question in Employment Law in California

Out of grade pay

I work for a local government, an independent special district. We follow Federal

labor laws. Over a year ago, my supervisor retired. Since that time I have taken

over all of his former duties, and have taken on more of the same level. Interviews

were held for his job, also over a year ago, and I did apply. However, the District

Administrator was put on leave and ultimately let go, and the interviews were

invalidated. No movement has been made in filling the position since that time. I

have requested ''out of grade'' pay, but have not received it because our District has

no ''out of grade'' policy. (Most agencies similar to ours have this policy in case

of this very situation.) Simply not doing the job is not an option, the functions

are vital to the operation of the agency, and there is no one else with the

experience and knowledge willing to step up. The new administrator has admitted

that if I left, they would be forced to hire the position. Is there any law that

can either force them to pay me out of grade pay or fill the position? Thank you.


Asked on 11/03/08, 11:57 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Out of grade pay

If you're union and/or 'civil service', those rules define your rights, contact them. Other than that, you could try to file a claim with the Labor Commissioner. If you are in SoCal, feel free to contact me after you've filed, if serious about getting legal help with the hearings and process.

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Answered on 11/03/08, 5:30 pm


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