Schroeter Goldmark & Bender
 

SHROLL EMPLOYEE MISCLASSIFICATION CLASS ACTION SETTLEMENT


There are State employees in two parallel personnel systems, one for general government agencies and one for higher education institutions. This case is a class action on behalf of all state workers at general government agencies or at higher education institutions who perform the same duties but are paid a lower basic salary range than their counterparts in corresponding job classes in other personnel system (i.e., either general government or higher education). Thus, the case challenged the fact that state workers in these "common classes" were performing "equal work" but were not being paid "equal pay." The case sought back pay and a change in the compensation system.


FAQs


What Benefits Does the Settlement Provide?
The settlement provides for a total of $30 million for backpay and for fixing the problem of unequal pay over the next 5 years. Of this amount, $20,994,000 will be used to provide back pay to over 10,000 employees who worked during the period from October, 1996 through June 30, 2005. The settlement agreement calls for the remaining $9,006,000 to be used to equalize, over a five-year period, all current common classes where there remain any pay disparities. (However, see below for recent development accelerating the implementation of prospective relief.) These monies will also be used to increase salaries for other classes (known as "series classes") that are in the same job series as common classes in order to maintain historical salary alignments within job series. A copy of the full agreement may be found here. The settlement is contingent upon court approval.

Will My Job Class Benefit From the Settlement?
A list of the common and series job classes that will be equalized over the next five years may be found here. A list of the common job classes that will receive back pay may be found here.

Why Are More Job Classes Eligible for Back Pay Than Are Eligible for Future Salary Equalization?
Many job classes have already been abolished or equalized since this lawsuit was started in 1999. Accordingly, there are fewer job classes now that require salary equalization. Once this settlement is fully implemented, the pay disparities among common classes will no longer exist.

I Am In a Job Class That Is Entitled to Back Pay. How Much Back Pay Will I Receive?
We do not know at this time, in part because the amount of back pay will depend on the length of time you were employed in the affected job class, and the pay disparities between classes.



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